On Behalf of Simon & Gilman, LLP | Oct 8, 2019 | Firm News |
Driving while under the influence in New York may result in serious consequences including days lost from work from either incarceration or a license suspension. Sometimes the loss of work may be the result of a third-party employer action. After a popular football tight end for the New York Jets pleaded guilty to a DUI charge, he found himself suspended by the National Football League for violating its rules regarding substance abuse.
According to CBS New York, the second-year tight end player was suspended without pay during four of the first regular-season games. While a professional football player might be able to afford to take some time off from work, many drivers could face considerable financial troubles after missing just one full paycheck. Although a DUI is a serious charge, it may not, however, always result in a conviction.
When a law enforcement official pulls over a driver, a reasonable suspicion of the motorist’s intoxication must first be established. In the case of a motorist swerving in and out of lanes, speeding or hitting things, it can be reasonably suspected that something is wrong. In order for a law enforcement official to administer a field sobriety test, however, there must be evidence that the motorist is driving while under the influence. A strong alcoholic odor, slurring of words and confusion are general signs that indicate intoxication.
Because of the Empire State’s implied consent law, as explained on the Department of Motor Vehicle’s website, a motorist suspected of driving while intoxicated must submit to a blood alcohol content test. Whether it is a roadside breathalyzer or a chemical test, an individual’s consent has already been “automatically” provided; law enforcement may administer a test when a motorist is suspected of driving while intoxicated. Refusing to submit to a test, however, may result in consequences such as a fine, jail time or a six-month suspension of a driver’s license.
It is up to the prosecutor to prove that the driver was driving while under the influence at the time of arrest. An assertive legal defense may, however, contest the charges or reduce the severity of the punishment if convicted.
Smartphones and pedestrian accidents
On Behalf of Simon & Gilman, LLP | Sep 11, 2019 | Firm News |
Smartphones can cause drivers to lose control of their vehicles, and many lives have been lost as a result of distracted driving. For example, someone who is trying to read an email, send a text message or watch a video on their phone may not be paying close attention to the road (or they may be ignoring the road altogether). This can be disastrous behind the wheel, and smartphone use can also be dangerous for others on the road, such as bicyclists and pedestrians. It is also important for pedestrians to be aware of the risk of an accident due to being distracted.
There are numerous reasons why pedestrians may use their phones. Some may be socializing with their friends or classmates, not realizing that using their phone may place them in danger. Others may need to use their phone because they are lost and are using an app for directions or because they are looking up information online (such as where to go for dinner). There are a host of reasons why pedestrians use their phones, and it is important to be aware that this can be dangerous in certain circumstances.
While on their phone, a pedestrian may not notice that a reckless driver is heading toward them. Or, a pedestrian may accidentally walk onto the road, in front of an oncoming vehicle. Pedestrians may also fail to pay attention to other vehicles while crossing the road because their eyes are on their devices. That said, many pedestrians have been involved in accidents because of careless drivers who were using their phone instead of paying attention to the road.
Applying for Social Security Disability benefits
On Behalf of Simon & Gilman, LLP | Aug 27, 2019 | Firm News |
If you are no longer able to work because of an injury or serious illness, you may be eligible for Social Security Disability benefits. Through this federal program, also called SSDI, you may receive monthly payments that cover your living expenses and medical costs.
These are the answers to the most common questions about applying for SSDI.
Who is eligible for SSDI?
Applicants must pass both the medical and earnings requirements. Your doctors must expect your medical condition to last at least one year or eventually result in death, and you must be unable to perform your job duties because of the effects of the condition. You are not eligible for disability benefits if you are currently working.
Earnings requirements depend on how long you have worked and your age at the time you became disabled. In general, individuals who become disabled in their 30s must have worked for two to four years, individuals in their 40s five to six years, in their 50s seven to nine years and in their 60s at least nine years to receive SSDI benefits.
How do I apply?
You can either apply for benefits online or visit your local Social Security office for a disability claims interview. You must provide comprehensive information about your medical and work history, including the following:
- Medical records from all health care providers who treated you for the disabling condition, including test and lab results
- A complete list of the prescription medications you take and their dosages
- Information about your previous employment
- Your most recent federal tax returns
- Your Social Security number
- Release forms giving your doctors permission to send information to the Social Security Administration
What happens after I apply?
The agency processes most SSDI applications within three to five months. Doctors and disability experts who work for the SSA will review your case and may request follow-up documentation.
If the agency denies your application, you have the right to appeal this decision. Often, it takes several attempts to receive SSDI approval.
On Behalf of Simon & Gilman, LLP | Aug 10, 2019 | Personal Injury |
New York City residents rely on the subway system for transportation, but it is not always reliable. Not only can there be late departures or power outages, but there is also a risk of sustaining injuries. NYC subway injuries can occur due to a wide variety of reasons, including poorly-maintained platforms, runaway trains and acts of violence.
The dangers of the subway system were present on the day that two people died and one got hospitalized in separate incidents all within 14 hours. According to the New York Daily News, the first incident occurred when a man was found dead on a downtown A train. Police believe this was due to natural causes.
Later that day, a man fell onto the train tracks as the train was entering the station. The conductor started braking but did not have enough stopping distance, causing the subway car to roll over the man on the tracks. Surprisingly, the man did not come into contact with the train. First responders were able to pull him out from under the car and transport him to a local hospital. He did not have life-threatening injuries and authorities reported him as being alert and conscious.
Another occurrence involved a man who was responding to a smoke condition in the subway tunnel. First responders found his dead body after he suffered electrocution.
These deaths and injuries are happening just after the Metropolitan Transportation Authority announced its plans to cut thousands of jobs to save millions of dollars.
People who get hurt while using the subway system deserve justice. Talking with a personal injury attorney after a subway injury can help victims understand their legal options.
Bicyclist killed at a New York intersection
On Behalf of Simon & Gilman, LLP | Jul 24, 2019 | Motor Vehicle Accidents |
New York is home to nearly 9 million residents. With this many people interacting on a daily basis, accidents and injuries are unavoidable. So it is no surprise that personal injury lawsuits are so common in the state’s courts, including those resulting from bike-related collisions.
The New York Post reports that a 28-year-old female cyclist lost her life at a Brooklyn intersection after colliding with a cement truck. The driver of the truck was a 70-year-old man who remained at the scene until law enforcement officials arrived. At the time of this report, the exact circumstances leading to the fatal accident were not known. However, this incident marks the 15th cyclist death this year, which more than doubles the number of cyclist fatalities from 2018.
A former city official cites the increase of Lyft and Uber drivers, industrial truck traffic and population growth as reasons for the upsurge in bicycle tragedies. Additionally, there is a problem with motorists parking in bike lanes. This mix of factors has made western Queens and North Brooklyn one of the most hazardous locations for cyclists. Despite the Department of Transportation’s redesign of the roadways, it is not enough to keep up with the ever-changing traffic demands. In the meantime, the city is working toward revamping its bike safety plan as a way of preventing cyclist deaths.
If someone suffers an injury or wrongful death due to a bike collision, it is important to establish who is negligent and responsible for compensation. People who face this issue often find it helpful to consult with an attorney.
Pedestrian safety tips
On Behalf of Simon & Gilman, LLP | Jul 10, 2019 | Motor Vehicle Accidents |
Walking the streets in New York should not present the danger it does. However, pedestrian accidents can produce some of the most life-altering injuries and incidents involving pedestrians continue to rise.
Here at Simon & Gilman, LLP our primary concern is making sure you have the information you need to stay safe. As such, we have put together some of the most common safety tips to help you avoid an accident while out and about.
Utilize crosswalks
Crosswalks may not seem convenient all the time, but they could help keep you injury free. While accidents can still occur while pedestrians are in crosswalks, the rate of incidents is much lower. Since most crosswalks are found at intersections or areas with traffic-control measures, drivers are more likely to cautious.
Distracted walking is a real issue
You know the dangers of distracting driving, but have you thought about distracted walking? You may have seen someone trip while looking down at their phone, or worse, fall into a busy street. When walking along any route, keep your head up and ears open. Failing to do so may result in disastrous consequences.
Face traffic on streets without sidewalks
Walking in some rural areas may mean plodding along in the road. To stay as safe as possible, you should walk against the traffic. This allows you to keep your face towards oncoming danger and helps you remain on the lookout for vehicles who may pose a threat to your safety.
Accidents concerning pedestrians are some of the deadliest due to the higher rate of injury. Stay on the lookout for danger while making your way on foot. If you would like more information on pedestrian accidents, take a look at the resources provided on our website.
Should you choose a health proxy?
On Behalf of Simon & Gilman, LLP | Jun 25, 2019 | Firm News |
People who live in New York and are perfectly healthy may not be thinking about future medical issues. However, in the event something happens n which they are unable to make healthcare decisions on their own, it is very helpful to have someone in their corner to make choices for them. This is why people choose a health proxy.
According to the New York State Department of Health, a health proxy ensures a medical team respects one’s values and wishes in regard to healthcare decisions. A proxy only makes these decisions when someone is unable to function on his or her own. Some examples of these situations include:
- Dementia such as Alzheimer’s disease
- Coma from illness or accident
- Inability to communicate due to illness or accident
- State of vegetation
- Under anesthesia
- Terminal illness
Because the proxy needs to follow the specific wishes of the patient, Forbes discusses that it is important to choose the right person. The patient should choose someone who is trustworthy and will follow the wants of the patient, even if they differ from the proxy’s values and wishes.
A good health proxy should also have some guts and know what questions to ask in complicated situations. He or she must stand up for the patient and not be afraid to inquire about certain procedures and medication even when the medical providers are busy. They should also be able to put their own emotions aside to make decisions on behalf of the patient.
A health proxy may also be more than one person. A group may be able to make the best decisions by combining medical and personal knowledge.
How do I qualify for SSD benefits?
On Behalf of Simon & Gilman, LLP | Jun 23, 2019 | Firm News |
Social Security Disability benefits help people who suffer from a disability that prevents them from working. These benefits come from the federal government’s Social Security Administration. There are several requirements you must meet to qualify for the benefits. The SSA is notoriously strict about the requirements, and if you do not meet them, your application will more than likely be denied.
The SSA explains that there are two basic requirements to qualify for SSD benefits. The first is that you need to meet work requirements. This means you have worked in a job that is covered by Social Security. You need to have earned enough credits to get help from the system. To do this, you need to have worked a specific amount of time in recent years. The actual formula and requirements for work credits are complex and change every year, so you always need to check your work credits before applying.
The other requirement is that you have a disability that qualifies for benefits. A disability as the SSA defines it is a condition that will last a year or more or result in death. It also prevents you from working in any capacity even with accommodations. If you work during the year you become disabled, there is a limit on how much you can earn. The amount you can earn changes yearly, so make sure to check into that as well. SSA also carefully looks at your condition to ensure you are unable to currently work and that the condition is on the list of qualifying conditions.
This information is for education and is not legal advice.
Should I keep my will in a safe deposit box?
On Behalf of Simon & Gilman, LLP | Jun 14, 2019 | Firm News |
Queens residents use safe deposit boxes to house important documents, and it is true that a safe deposit box at your bank is a good place to keep papers such as title deeds and stock certificates. However, for various reasons, there are other documents that should not be placed in a safe deposit box. These include your estate planning documents, like your will.
Part of the problem is that you and your family will not have twenty-four hour access to the safe deposit box. According to U.S. News and World Report, if you or a loved one need a document in a hurry, there is the risk that the bank will be closed. You might have to wait for the next day or the beginning of the next week to get access to the documents.
Storing estate documents in a safe deposit box also might cause a legal quandary. As the owner of the box, only you can open it. Once you pass away, the box has no legal owner. You might have appointed an executor to take care of your estate, but the executor needs the original copy of the will to receive an appointment by a probate court. But if the original will is in the box, the executor cannot get access to it to file it with a probate court.
This scenario can take time to resolve. The surviving family of the deceased could secure a court order to open the box and retrieve the will, but this might eat up time and money to get accomplished. While states can make laws that direct banks to remove a will from a decedent’s box and file it with the court, it may require research or consultation with an attorney to find out how New York law addresses this matter.
To make accessing a will easier and without possible legal hassle, some people opt to keep their will inside a fireproof safe in their home or keep their original copy of their will with their attorney. This is a good route to take for other estate planning documents such as your living will or other health care directives. In the event you pass away or are incapacitated, your loved ones should be able to access whatever documents they need to put your estate plans into motion.
Since New York residents have many different needs when it comes to estate planning, do not consider this article as legal advice. Read it only for your educational benefit.
When hospitals and surgeons risk never events
On Behalf of Simon & Gilman, LLP | Jun 6, 2019 | Firm News |
The Centers for Disease Control and Prevention publishes an annual review of the 10 leading causes of death in America. The most recent list, issued in 2018, shows the highest cause of death is heart disease. Not surprisingly, cancer deaths take second place.
Third place, however, shows “Accidents (unintentional injuries)” when, in reality, the third leading cause of death in America is medical malpractice.
Medical malpractice and the public’s right to know
In the world of medicine, a “never event” is a medical malpractice error that should never occur. While all surgery carries risk, these events are preventable errors. They cause horrific consequences or even prove fatal to patients. Here are a few examples of never events:
- Amputating the wrong limb
- Administering the wrong drug or wrong dose of a prescribed medication
- Exposing a patient to lethally high doses of radiation
- Closing off the healthy end of an essential internal organ instead of the diseased end
Many hospitals are now actively involved in reducing never events. Surgery teams know that operations are a minefield of potential risks. They take great care to verify the type of procedure and the proper surgery site before the surgery, yet certain doctors and hospitals have an unusually high rate of bad outcomes.
Researchers at Johns Hopkins Medicine studied fatalities due to lapses in medical care. They concluded that more than 250,000 people die in America each year due to medical errors. This number alone should push medical malpractice into third place at the CDC, but the organization chooses not to include medical errors on its annual list.
High never event risks for a New York doctor’s pediatric patients
Colleagues and medical students reported the Director of Trauma practicing in the Bronx at the only pediatric children’s stand-alone hospital in New York state. She made persistent diagnostic errors and dangerously botched operations. Fellow doctors and students wrote letters to the hospital board stating they refused to work with her. Eventually, the hospital placed her on a two-year probation. Most states do not have to report an injury from malpractice to patient families, so her record was unknown to parents.
One of the problems for potential surgery patients is finding information about their doctor’s performance record. Parents would probably not wish to allow a surgeon with numerous, severe diagnostic and surgical errors to operate on their child. The information for New York doctors is difficult to find, but available online to those who know where to search for a board action taken against a medical professional.
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