Teenagers are high-risk drivers
On Behalf of Simon & Gilman, LLP | Mar 31, 2020 | Firm News |
Nothing is more thrilling than getting a driver’s license as a teen. However, other drivers may not be quite as thrilled, and for good reason.
Teenagers are the highest-risk drivers on the road and are a major cause of serious and fatal accidents. Fortunately, there are some ways to improve their driving abilities and reduce the number of crashes.
Teenage driver facts
According to the Centers for Disease Control, an average of six teenagers lose their lives each day due to car accidents. The risk of collisions is highest in the first year after a teen gets the license, and the biggest cause of crashes is inexperience. Other causes include driving distracted, driving with other passengers in the vehicle, driving at night and driving under the influence.
Methods to reduce risk
One of the biggest ways to reduce the risk that teen drivers pose is to involve the parents. Since inexperience is the leading cause of crashes, parents can play a role in increasing the number of hours behind the wheel. The CDC recommends that parents accompany the teen for a minimum of 30 hours and that they guide the driver through different driving circumstances.
According to the National Highway Traffic Safety Administration, parents can also help by setting a good example when behind the wheel themselves. This includes using a seatbelt, following all traffic laws and refraining from distracting behaviors such as cellphone use.
Another method that helps reduce accidents is the graduated driver licensing system. This restricts certain driving circumstances, such as driving with other teens in the car and nighttime driving, until the teenager gains more experience. Parents can support this by making a driving agreement and outlining consequences for not following the rules.
On Behalf of Simon & Gilman, LLP | Mar 23, 2020 | Firm News |
New Yorkers facing charges of driving while impaired may take some comfort in knowing that roadside BAC testing devices may not always produce accurate results. Law enforcement officials reportedly use different types of portable breath test devices during traffic stops, and some do not consistently provide an accurate intoxication level.
New York Times investigators discovered and reported that improperly calibrated and poorly maintained devices contribute to providing faulty blood alcohol level readings. Lack of training in a device’s correct usage may also lead to a skewed breath analysis. When an inaccurate test result shows that an individual’s BAC level is 0.08% or more, however, an officer will most likely place a motorist under arrest.
Implied consent serves as a mandatory breath test requirement
When issued a New York driver’s license, a motorist provides his or her implied consent to submit to a breath test when showing signs of impairment. A law enforcement official has the authority to stop a vehicle at any time that its driver has violated a traffic rule. A broken taillight, speeding or running a red light may lead to a routine traffic stop. If the motorist appears impaired, the officer can request a breath test.
Refusing to submit to a breath test may result in an arrest and a DWI charge. A first-time offender may find his or her driver’s license suspended for up to one year and receive a $500 fine. A subsequent refusal to submit to a breath test may lead to a permanent loss of driving privileges. Losing a driver’s license could make it difficult or impossible to work; a driver may, however, contest a DWI charge.
Motorists have a right to contest BAC test results
For a variety of reasons, a faulty breath test reading may result. A roadside device could incorrectly display a motorist’s BAC as much as 40% higher than the actual level. A prosecutor, however, must prove a motorist’s impairment level at the time of the arrest. If the court finds a BAC test did not provide accurate results, a charge may not result in a conviction.
Key moves for estate planning for the middle class
On Behalf of Simon & Gilman, LLP | Mar 20, 2020 | Firm News |
Those who have accumulated a small or moderate amount of net worth may wonder if an estate plan makes sense. They might think that estate planning is the province of the ultra-wealthy.
Most financial experts agree that estate planning plays a key role for nearly all adults, no matter where they live or how much wealth they have.
The benefits of estate planning
According to MarketWatch, middle-class Americans should pay attention to the organization of their finances. This will pass on money to heirs in an orderly and tax efficient manner. A number of critical documents exist to help this process along. The will directs a person’s wishes for his or her money and living minor children, as well as naming an executor of the estate. A well-prepared will names the beneficiaries who receive assets. In the case of minor children, the will names a guardian to look out for the children until they turn 18 or 21. A living trust helps the estate avoid probate, names a trustee to take charge of assets of the deceased, and can be revocable, allowing changes to reflect new situations.
The advantages of planning ahead
The US News and World Report states that nearly everyone, even those with few assets, should include some basic estate planning. This can be even more critical for members of blended families where a probate decision might not reflect the interests of the deceased. A medical power of attorney is also a valuable document. This protects a person’s wishes should he or she suffer an incapacitating injury. A trusted executor is named to carry out the wishes of the injured person.
On Behalf of Simon & Gilman, LLP | Mar 9, 2020 | Firm News |
Road rash is one of the most common injuries a New York motorcyclist can sustain. When a rider loses control of the bike, skidding across the pavement is likely to cause damage. A full-face helmet and protective clothing can help shield riders to some extent. But if a motorcycle collides with another vehicle at high speed, even the best gear may not protect them from road rash completely.
Road rash occurs when the skin scrapes against a rough surface. It can be a minor injury that does not necessarily require immediate medical care. Healthline Media gives general advice on how to treat minor cases of road rash at home. But when a rider sustains road rash during an accident, the effects can be brutal.
For the skin, road rash is similar to a burn. Most people are familiar with the severity measurements of burns and will recognize the ratings. With first-degree road rash, mild redness and irritation may occur, but the wound is mostly superficial. Those with second-degree rashes experience an open and bleeding wound with swelling. The area may sustain nerve and muscle damage. Third-degree rash, the most acute form, injures both the epidermal and dermal layers of the skin. Exposed nerves, muscles and bone may take severe damage. Those with second- and third-degree road rash should seek medical attention immediately.
Riders can help protect themselves by wearing the proper gear. The National Highway Traffic Safety Administration recommends a helmet with a U.S. Department of Transportation-rated safety standard. NHTSA also provides additional resources on how to choose the right helmet and other protective clothing.
How do I qualify for SSDI?
On Behalf of Simon & Gilman, LLP | Feb 21, 2020 | Firm News |
Social Security Disability benefits use very strict guidelines for qualification. You can expect to provide the Social Security Administration with a lot of paperwork and access to information about your health when applying for benefits. The SSA explains that SSDI is only meant for people who have a long-term disability. This means it must last at least one year or will cause your death. The SSA also requires that your disability be such that you cannot work because of it.
SSDI is an earned benefit which means you have to have worked enough to earn the ability to get it. How long you must have worked depends on your age at the time of your disability and when your birthday is. The SSA calculates work time by quarters. You need to work at least six quarters at minimum. However, there are specific years you must have worked to meet eligibility, which varies for each situation.
You must provide medical proof of your disability. You will need to submit medical records. You may also have to take additional medical tests or be seen by a different medical provider. Your doctors must also explain and show proof of why you cannot work due to your disability and explain how long the disability will last.
The SSA’s requirements are not flexible. If you do not meet one criterion, you will not be eligible to get benefits even if you meet the other requirements. Do note that it takes an average time of three to five months to process SSDI applications, so you should apply as soon as possible.
On Behalf of Simon & Gilman, LLP | Feb 12, 2020 | Firm News |
A recent injury left you unable to work, and while there is a strong chance that you have a personal injury case on your hands, you still have medical bills to pay. While you wait to see how things turn out, how do you go about taking care of your unexpected costs?
Money Under 30 has a few suggestions that you can use. Gain insight into managing your overall stress during this trying time.
Do not ignore your bills
You may feel (understandably) frustrated at the idea of paying for someone else’s negligence, but you should not ignore incoming medical bills. When you intentionally ignore bills, you risk having to deal with a collections agency…and all the fees and penalties that doing so entails.
Check the charges
No matter the reason for your healthcare costs, double-check bills to ensure their accuracy. Specifically, look at the medications, services received and overall length of your hospital stay. Dispute any faulty charges, and share them with your legal advocate.
Create a payment plan
You can create an interest-free plan to handle medical bills, but usually only if you ask about such a plan. When working with the medical facility to finalize your plan, do not hesitate to negotiate on what you feel is the fairest deal for your current financial situation.
Refrain from using credit cards
Using your credit card may be the fastest way to handle medical bills, but doing so is also a quick way to ruin your credit score and finances. The interest fees alone can leave you spiraling into debt.
You have options when it comes to managing medical bills during a PI case. Hopefully, the above tips can help you focus on making a recovery and building your case.
On Behalf of Simon & Gilman, LLP | Feb 4, 2020 | Firm News |
The prospect of a person in Queens dying without a will is not all that uncommon. Indeed, according to a 2016 Gallup poll, only 44% of American adults do not have a will. Many may think that they will have plenty of time during their later years to plan out their estates, yet that ignores the fact that many deaths are unanticipated. When one dies without a will, their potential beneficiaries may be left thinking that it is left to them how to determine the distribution of the decedent’s estate. Unfortunately, that is not the case.
When one dies intestate (the legal term for not having a will), state law determines how their estate is to be distributed. Per the website for the New York State Unified Court System, if one who dies intestate leaves behind a spouse, the spouse inherits their entire estate if the decedent had no surviving children or other lineal descendants. If they do leave behind descendants, then the surviving spouse is entitled to the first $50,000 in assets from the estate. After that, the remaining balance is divided equally between them and the children. If the decedent is preceded in death by their spouse, their descendants will divide their estate equally among themselves. Adopted children and children born after the decedent dies are considered descendants. Grandchildren only stand to inherit if their parents are also deceased.
If a person dies without a will and is not survived by a spouse or descendants, their estate goes to their parents. If their parents are also gone, then the estate goes to their siblings (or their siblings’ descendants). No allowances are given to anyone not directly related to a decedent under intestate succession guidelines.
Are you eligible for Social Security Disability?
On Behalf of Simon & Gilman, LLP | Jan 28, 2020 | Firm News |
When you incur an injury that leaves you disabled, you may wonder how you will provide for your family. Sometimes you may be able to get Social Security Disability benefits so you can continue to help your family. Before you can receive these benefits, though, you usually have to meet the eligibility requirements.
The Social Security Administration has several criteria to help determine if you are eligible for disability benefits. According to the Social Security Administration, your condition has to affect your life for one year or more. Additionally, it has to impede your ability to work. If you cannot perform your usual job, the SSA generally considers whether you can do a different type of work. If you cannot work at all, then the department may decide that you are eligible for disability benefits.
The SSA has a comprehensive list of conditions that typically qualify for Social Security Disability. The administration generally compares your condition or your symptoms to the list to determine if your condition qualifies for disability benefits. Sometimes your condition may not match the ones on the list. When this happens, the SSA usually considers the way your condition affects your life.
You may think that you can get Social Security Disability at any point in your working life. However, you usually have to work a certain amount of hours to receive these benefits. This is because the SSA uses a credit system. You typically earn credits based on how much money you earn each year. If you want to receive disability benefits, you usually have to have 40 credits. Additionally, you may have to earn some of these credits within the last 10 years to qualify for Social Security Disability.
On Behalf of Simon & Gilman, LLP | Jan 21, 2020 | Firm News |
A blow to the head can result in a traumatic brain injury. There are many different kinds of TBI, including contusions and concussions. Because the names sound similar, people may confuse the two.
On Behalf of Simon & Gilman, LLP | Jan 7, 2020 | Firm News |
Once Social Security approves your application for disability benefits, you will have to make reports to the agency on anything that may affect your disability payments. While some New York residents remain unemployed for a long while, others are able to find a job while still receiving disability. This has the potential to affect your disability and should not go unreported.
The Social Security Administration explains that if you are on disability and if you find work, you need to notify the agency about it. Whether an employer hires you or you are self-employed, and even if you earn just a little bit of money, you should let Social Security know. While doing so, the agency also wants information on the number of hours you anticipate working and the times when your work begins and stops.
Reporting that you have found work does not mean you will lose your disability benefits. Social Security provides a period for people who have qualifying disabilities to still receive disability benefits while working. This period may last for nine months. You should also let Social Security know about work expenses stemming from your disability or if your expenses go up or down. Such expenses include service equipment like a wheelchair or prescription medication.
Honesty remains the best policy. Providing Social Security with wrong information to continue to receive benefits will result in sanctions against you. An initial violation will stop your benefits for six months. A second violation will deprive you of benefits for 12 months. A third will take away benefits for 24 months. Also, if you are overpaid, Social Security will require you to repay the overpaid amount.
If you are concerned about losing benefits due to finding work, you may need to ask a professional attorney about your options.
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