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September 2014 Archives

What Should I Do If I Suspect Nursing Home Abuse or Neglect?

Sadly, elder abuse and neglect occurs at an alarming rate in the United States and studies show it is on the increase. With the elderly population in the U.S. growing rapidly, there is a good chance you will one day be faced with concerns that an elderly loved one is the victim of abuse or neglect, prompting the question " What should I do if I suspect nursing home abuse or neglect? "

Will I Get Probation for a DUI/DWI in New York?

If you have recently been charged with driving while intoxicated (DWI) or another alcohol related driving offense in the State of New York you are likely concerned about the penalties you face if convicted of the charges filed against you. Specifically, you may want to know if you will receive probation for a DUI/DWI in New York. Because of the unique facts and circumstances that surround an alcohol related driving arrest it is always best to consult with an experienced New York criminal defense attorney for individualized advice; however, some general advice may be helpful as well.

How Much Money Is My New York Slip and Fall Case Worth?

The victim of a slip and fall accident frequently suffers serious, even life-altering, physical injuries as well as experiencing emotional trauma as a result of the accident. Fortunately, the law allows a victim to seek compensation for all injuries caused in a slip and fall accident when another party caused, or contributed to, the accident. If you are a victim of a slip and fall accident you may wonder " How much money is my New York slip and fall case worth? " Although there is no formula for determining the value of a slip and fall case, understanding the factors that go into a slip and fall settlement or award may be helpful. Consulting with an experienced New York slip and fall accident attorney is, of course, the best way to get an idea what your case is worth.

Common Reasons for Elevator and Escalator Accidents and Injuries

Throughout the State of New York there are a seemingly endless number of elevators and escalators that facilitate the movement of people up and down buildings, subways, and residential properties. Both state and federal laws exist to try and ensure that these elevators and escalators are properly designed, manufactured, and maintained. Despite these laws, elevator and escalator accidents happen on a regular basis. As the victim, or surviving family member, of one of these accidents you could be entitled to compensation for your injuries or your loss. Only an experienced New York personal injury attorney can evaluate the unique facts and circumstances of your case and advise you accordingly; however, a better understanding of some of the more common reasons for elevator accidents and injuries may also be beneficial.

What Is Physical Custody?

When a married couple decides to end the marriage, there are a number of important issues that must be deciding during the subsequent divorce process. If the couple has minor children of the marriage, decisions relating to the children will be among the most important issues in the divorce. Custody of the children, for example, must be decided. Custody, however, is actually divided into two categories - physical custody and legal custody. Understanding what is meant by both physical custody and legal custody is imperative if you plan to end your marriage and go through the divorce process.

What Is the Difference between SSI and SSDI?

If you suddenly find yourself unable to work because of a medical condition that is unlikely to improve anytime in the near future, you are likely concerned about supporting yourself and your family while disabled. Fortunately, in the United States there are programs available that provide monetary benefits to the disabled. The Social security Disability Insurance program (SSDI) and the Supplemental Security Insurance program (SSI) are two such options. Understanding the difference between SSI and SSDI is important when considering which program you should apply to for benefits.

Free Report: Selecting Your Jury For A Criminal Jury Trial in New York

As an accused in a criminal prosecution in the State of New York you have a number of important rights that are guaranteed to you by both federal and state constitutions. Whether or not you choose the exercise your right to a trial by jury is a decision that should only be made after careful deliberation on your part.

Are There Less Expensive Alternatives to Litigation for a Civil Dispute?

For most people, involvement in the legal system is an intimidating, time consuming, and costly endeavor. Unfortunately, however, the odds are good that you will be involved in some type of civil legal dispute at some point in your lifetime. If you find yourself the litigant in a civil dispute you may wonder " Are there less expensive alternatives to litigation for a civil dispute? " The good news is that yes, there are less expensive alternatives. In fact, litigants are often required by law or the terms of a contract to try alternative methods of resolving a civil dispute in the State of New York. When not required, a court may strongly "suggest" to parties that they attempt to resolve their dispute using Alternative Dispute Resolution, or ADR.

Are Trucking Companies Regulated by the Federal Government?

In the United States we depend heavily on the trucking industry to move merchandise across the country. Day and night, 365 days a year, tractor-trailers can be seen moving supplies along the nation's highways and byways. For anyone sharing the roadway with a semi-trailer the odds of being involved in a serious injury accident increase due to the sheer size and weight of these vehicles. For a motorist who has been injured in a trucking accident some obvious questions come to mind. For example, are trucking companies regulated by the federal government? If so, does a violation of those regulations mean the truck was at fault in the accident? How does a victim prove a violation of a federal regulation?

Is Adoption Confidential? What Is a Confidential Intermediary?

At its best, adoption allows a child to become part of a family and allows a parent to create or enlarge his or her family. Adoption can also be extremely emotional for the adoptees and for everyone involved in the process. In the past, adoptees were typically not told they were adopted until they were adults, if at all. Birth parents and birth siblings were rarely reunited with children placed for adoption. In short, the entire system operated in the shadows. Fortunately, things have changed over the last few decades. For anyone involved in, or contemplating, adoption, however, many questions remain. Is adoption confidential, for example, or what is the role of a confidential intermediary? Because adoption is such a personal and sensitive issue it is always best to discuss questions and concerns with an experienced New York adoption attorney; however, an overview of the confidentiality of adoption and adoption records may be helpful in the meantime.

When Can an Injured Person Sue for Pain and Suffering in New York?

The victim of a personal injury accident often suffers more than just physical injuries. Frequently, a victim also suffers emotional or psychological trauma as a result of the accident. If you have recently been involved in a personal injury accident that caused you both physical and emotional injuries you likely want to know " When can an injured person sue for pain and suffering in New York? " Only an experienced New York personal injury accident attorney can review the unique facts and circumstances of your accident and provide you with individualized advice; however, there are some basic guidelines that apply to pain and suffering damages in New York that might be helpful to you.

Common Types of Premises Liability Accidents in Queens, New York

Premises liability is one possible basis for a personal injury lawsuit. If someone is injured or killed because of an accident that occurred on the property of a third party, the third party property owner (or in some cases the occupier of the property) can potentially be held liable.  Lawsuits based on premises liability can be based on a wide range of "accidents" or incidents; however, indoor and outdoor slips, trips and falls, as well as "attractive" nuisances, are a few of the more common types. This post will cover the nature of these types of premises liability accidents in Queens, New York.

Queens DUI: What Is the HGN Test?

When a motorist is pulled over on suspicion of driving under the influence, or DUI, in Queens, the law enforcement officer conducting the stop typically asks the suspect to perform a number of tests to try and determine if the motorist is intoxicated. Collectively, these tests are referred to as "field sobriety tests", or FSTs. Though an officer can use any test he or she wishes to determine intoxication, most officers use the three "standardized" FSTs. These are considered standardized because they have been approved by the National Highway Traffic and Safety Administration, or NHTSA. The three standardized tests include the one-leg stand, the walk and turn, and the HGN test. Of the three, the HGN test is the most confusing to most people because they do not understand what an officer is looking for when conducting the test. A brief explanation may help if you ever find yourself faced with the HGN test.

What Happens If I Don't Respond to a Divorce Complaint in New York?

When one party to a marriage decides to end the marriage the first step toward legally doing so in New York is to file for divorce. If your spouse has filed for divorce you will be served with a copy of the Complaint for Divorce along with a Summons. Your spouse is required by law to serve you with both documents. The Summons will indicate how long you have to file a formal, written Answer to the Complaint. If you don't respond to a divorce complaint in New York you will waive your right to contest not just the divorce itself but also the terms of the divorce. For this reason, you should consult the experienced attorneys at Simon & Gilman, LLP the moment you are served with a Complaint for Divorce.

How Long Do I Have to Pay Child Support in Queens?

When the decision is made to end a marriage a number of practical decisions must then follow as part of the divorce proceeding that legally ends the marriage. If there are minor children involved, a number of those practical decisions will involve, or center around, the children. Who will have physical and legal custody of the children? How will visitation be arranged for the non-custodial parent? If you are to be the non-custodial parent, you will also likely be ordered to pay child support to the custodial parent. One question you may have as a result is "How long do I have to pay child support?"

How Does a Judge Generally Decide Division of Holidays in a Divorce?

Ending a marriage is usually an emotionally charged time for everyone involved. When minor children are involved, both the emotional and legal aspect of a divorce can be even more challenging. If you are planning to get a divorce in New York and you have minor children of the marriage you likely have a number of questions and concerns about how custody and visitation issues are handled in the divorce. Just as no two marriages are exactly alike, no two divorces are exactly alike. Therefore, the only way to obtain concrete answers to specific questions is to consult with an experienced New York family law attorney. There are, however, some common guidelines to common issues in a divorce involving minor children. Take the question " How Does a Judge Generally Decide Division of Holidays in a Divorce? " for example. Because this issue is found in almost every divorce involving minor children, there are some common guidelines for how the issue is handled.