Hunt’s tomato paste is recalled for containing mold
On Behalf of Simon & Gilman, LLP | Apr 26, 2019 | Firm News |
Conagra Brands, the manufacturer of Hunt’s brand products, issued a nationwide recall of its six-ounce “no salt added” tomato paste on April 22. They’re suspected of having been contaminated by mold.
Individuals who are exposed to mold put their health at serious risk. U.S. Department of Agriculture’s Food Safety and Inspection Service data shows that people who are exposed to mold in their food may suffer an allergic reaction. This may result in an eye or skin irritation or vomiting.
Respiratory problems are also common among those exposed to mold. It’s common for individuals to begin having coughing spells, to start wheezing or to develop a throat irritation.
In a statement about the recall, the Chicago-based manufacturer noted that several of their customers had actually brought it to their attention that their tomato paste contained mold. The affected six-ounce cans all have a lot code number of 2105902510. Their expiration date is listed as Oct. 15, 2020.
At the time of their press release, Conagra also announced that it would be making the U.S. Food and Drug Administration aware of the discovery of mold in its product. They also acknowledged that they’d continue to work with the federal agency to make sure that consumers were aware of the recall and that the product was no longer on store shelves.
Many New York consumers expect for the food that they purchase to contain the ingredients that they’re said to contain and to be free from contamination. If you’ve suffered an illness after consuming food, then you should preserve the product’s packaging, seek medical attention and reach out to a personal injury attorney in Queens. They can advise you of your right to file a lawsuit to recover medical costs you’ve amassed.
On Behalf of Simon & Gilman, LLP | Apr 19, 2019 | Firm News |
If you haven’t done so already, the moment that you find out that you’re expecting a child, you should start thinking about estate planning. One decision to make is whom you will appoint as your child’s guardian if something were to happen to you while they are still a minor. There are several factors you should consider when selecting whom you want to appoint to this role.
Parents who have more than one child may wish to appoint a single guardian for all of their children or specify a different one for each. Selecting a different guardian for each child may be necessary if you have a particularly large family. Just remember, however, that it will limit considerably the time that they are able to spend with one another.
It can be costly and difficult to run a household that has multiple moving parts. The thought of this may turn off a prospective guardian from assuming this role. If the thought of splitting up your kids bothers you, then you may want to appoint a different guardian who would be willing to raise them all together.
The person that you appoint in this role should be supportive of your parenting style and have a belief system similar to your own. You may find it comforting to know that if you couldn’t be there yourself that the kids will be reared similarly to how you had planned.
Before you finalize the choice of a guardian for your kids, you should first broach the subject with the intended guardian(s) to determine if they are will to take on such a responsibility. It’s important that you make sure that they can afford to take care of your kids. They should be healthy and young enough to rise to the challenge of childrearing. If they’re not, then you’ll definitely want to select alternates if they’re unavailable to assume the role.
You need to have more than just a verbal agreement with someone to raise your kids if you can’t. Put your preferences in writing if you want them to be honored later. This gives you the best chance of having your final wishes upheld by a New York probate court judge. An estate planning attorney can help you prepare for the future so that your loved ones’ futures are assured after you’re gone.
On Behalf of Simon & Gilman, LLP | Apr 12, 2019 | Firm News |
A city bus crashed into the storefront of a bagel shop in Queens early in the morning on April 7 injuring several people.
According to a Metropolitan Transit Authority (MTA) spokesperson, the operator of the Q18 bus was driving along 58th Street nearby its intersection with Woodside Avenue shortly after 5 a.m. It’s around that time that the driver of a passenger car ran a red light and crashed into the side of the bus.
The crash’s impact caused the bus to travel into the storefront of the Bagels Plus store there on the corner.
Luckily, no customers in the store were hurt that morning. The only reason that they weren’t injured is that the owner had decided to delay opening his shop until 6 a.m., instead of its regular 5 a.m. opening time. Most of the workers who had just arrived to work just narrowly missed getting hit.
Workers from the shop quickly ran outside after the incident to see if anyone needed their help. It’s there that they found as many as seven passengers trapped inside the bus. They helped open up the emergency doors so they could escape. Emergency crews helped rescue the bus driver and passengers that were too severely injured to escape through the vehicle’s emergency exit doors.
In the end, the bus driver had to be transported to Elmhurst Hospital with ankle and wrist injuries. All the other passengers who were hurt were treated and released at the crash scene.
A New York City Department of Buildings spokesperson noted that the Queens building that houses the bagel shop appeared to be structurally sound. He noted that they only decided to board it up so necessary repairs could be made to its facade.
Police are continuing their investigation into the crash. It’s unclear if the Honda’s driver will face any criminal charges for having caused the collision.
Reckless driving includes motorists running stop signs or lights, failing to yield to the right of way of others and speeding. It’s often to blame for some of the most serious car crashes. Medical costs and lost wages can quickly mount for those who suffer permanent injuries. An attorney can help you recover compensation for those expenses in your own case.
On Behalf of Simon & Gilman, LLP | Apr 7, 2019 | Firm News |
An early morning fire in the Queens neighborhood of Ridgewood on March 20 left 10 area residents and a firefighter with serious injuries. At least 20 of them were ultimately displaced because of the damage that the fire caused.
A spokesperson with the Fire Department of New York (FDNY) notes that the fire got underway in the basement of a row home located along Menahan Street shortly before 5:00 a.m. In speaking with witnesses, fire investigators have preliminarily determined that a malfunctioning boiler may have caused the turmoil that ensued.
Of the 10 people who were reported as injured in the blaze, one of them is the owner of the home where the fire got underway. He apparently went down into the basement to check on the malfunctioning boiler and witnessed a fire around it. He attempted to douse it with a bucket of water, but when he said that a small explosion occurred when he did.
Although he had suffered injuries, he ran upstairs and warned the 20 people who resided in the building of the fire. He instructed them all to evacuate. Chaos soon ensued as everyone started breaking windows to help the smoke escape the building and to get out themselves.
An FDNY spokesperson notes that of the 10 residents who were injured, some were kids. All reportedly suffered from smoke inhalation. Some may have been physically injured as well. They note that none of them are at risk of losing their life.
If you’re involved in a fire, car crash or slip and fall that results in you getting hurt, then you’re not always entitled to file a lawsuit in your case. You are, however, able to do so if you can prove the incident occurred due to someone else’s negligence. A personal injury attorney can help you determine if any wrongdoing resulted in you getting hurt.
On Behalf of Simon & Gilman, LLP | Apr 5, 2019 | Firm News |
A divorce has a way of rippling out into all the different aspects of your life. From your relationship with your children to your interaction with your co-workers, it can seem like just about everything changes during and after a divorce. You may feel so eager to get back to your life as you knew it or envisioned it that you overlook one important change that isn’t officially part of divorce proceedings.
Chances are good that if you have a last will or estate plan, it involves your spouse in many different areas. Obviously, your former spouse’s inclusion in an estate plan after a divorce can prove problematic.
From issues with whether they’ll have your best interests at heart to concerns about the validity of the will itself, there are many reasons to revisit your estate plan after divorce.
Remove your spouse as beneficiary, executor or trustee
People may assign a lot of responsibility to their spouse in an estate plan or last will. They also tend to allocate items of significant emotional value to their spouse, such as family heirlooms.
After divorce, you are more likely to want those assets to go to members of your family or your children. You may also have to review which assets you retained or lost in the divorce and adjust the will accordingly.
You also probably don’t want your ex managing a position of responsibility for your estate. This is particularly true when it comes to a living will. If your spouse has power of attorney over financial or medical issues for you in the event of incapacitation, selecting someone new to serve in that role is critical.
Don’t forget your kids
If you have custody of your children, you should make certain that you assign guardianship in your last will. While your ex can probably assume custody, having that protection in place is critical for the well-being of your children.
An updated, accurate will is more likely to protect your legacy
You may think that adjusting your last will isn’t truly necessary. In many cases, probate judges will look at the date of the document and the life circumstances if prompted. In other words, if other family members demonstrate to the judge that you created the last well prior to the divorce and didn’t update it, that may invalidate your last will as it stands.
If you went through the trouble of creating an estate plan or last will, it’s likely because you have a legacy you want to leave behind. Failing to update your last will after a divorce could mean invalidating your wishes and running the risk of losing control of the assets you leave behind. Sitting down with an attorney who understands estate and probate law in New York can help you protect your wishes and your legacy.
On Behalf of Simon & Gilman, LLP | Mar 29, 2019 | Firm News |
Have you heard that April is National Distracted Driving Awareness Month this year? People need to be aware of the impact that cellphones and other distractions have on our ability to drive safely. They lead to many car accidents each year.
Nonetheless, you may be asking yourself if we really need an awareness month. Doesn’t everyone know that distracted driving is dangerous?
Most people do. In one study, teen drivers were asked if they felt like it was risky to text and drive — one of the most common distractions. Nearly 100 percent of them said that it was. Older drivers also understand that this risk exists.
However, about 50 percent of those same teens said that they would still text and drive. They would do the very thing that they knew put themselves and others in danger.
We still need Distracted Driving Awareness Month because it seems that just knowing about the risks is not enough. People still do not take distraction seriously, and they still cause accidents all across New York — and the rest of the country — that they could have avoided with ease.
If you or a loved one suffers injuries in a car crash that was caused by a distracted driver, you need to know what legal options you have. You may be able to seek financial compensation for things like lost wages, medical bills, physical therapy and pain and suffering. If a loved one passes away in the crash, you may also be able to get compensation for lost income, funeral costs and more.
On Behalf of Simon & Gilman, LLP | Mar 22, 2019 | Firm News |
A Forest Hills man filed a lawsuit against Turkish Airlines on March 11. In his filing, the plaintiff alleges that he suffered serious injuries that resulted in him becoming permanently disabled while on a turbulent flight on March 9. He was traveling between Turkey and John Fitzgerald Kennedy (JFK) Airport in New York City that evening.
According to the Queens man’s filing, their airliner was reportedly being flown above New England on the evening of March 9 when it hit some pretty rocky skies.
The plaintiff notes that the airline didn’t postpone or reroute the flight despite having received notification from the National Aviation Weather Center of severe turbulence in the area.
He also argues that neither the pilot nor the flight crew made any attempt to warn passengers that their ride may be rocky. He noted that he and others were sent tumbling about the cabin due to this.
It’s unclear what type of permanent injuries that the man may have suffered in the incident. He’s requested an undisclosed amount of compensation to cover his medical costs, loss of quality of life and other damages he’s suffered though. He’s asked the Eastern District of New York judge assigned to his case to impanel a jury to hear the matter at trial.
From construction site incidents to slips and falls to motor vehicle accidents, these are just some of many ways individuals end up getting seriously injured or killed. When you’re hurt, the last thing that you probably want to do is to fight an insurance company. It can be helpful to have an experienced and compassionate personal injury attorney on your side to aggressively pursue compensation in your case on your behalf.
On Behalf of Simon & Gilman, LLP | Mar 15, 2019 | Firm News |
When a testator drafts a will, they’re supposed to detail all of the assets that they own and what their final wishes are as it relates to who they’d like to become the new owner of them. Heirs often don’t find out if they’re set to receive any of the estate’s remaining assets until once the testator has died. By the time they find out what their final wishes were, they’re often blindsided by hearing that they’re not set to receive anything.
Although the more formal name for this document that details their final wishes is a “last will and testament,” it’s not always the end of the road. It’s possible to challenge it, especially if you believe that someone exerted some type of undue influence over the testator or that they were mentally incompetent when they drafted it.
In order to be able to contest a will, most jurisdictions’ probate courts require for you to be an “interested party”. This is simply a formal way of describing someone that may have been in the line of succession or otherwise slated to inherit the decedent’s assets.
There are multiple grounds on which you can contest a will in New York.
If you can produce medical records showing that the testator was mentally incompetent at the time that they drafted their will, then you may be successful in petitioning a judge to have it thrown out. You may also succeed in doing so if you can show that they neglected to update their will after the birth of a second or subsequent child, although they’d done so after the first was born.
Interested individuals in Queens may also be eligible to contest wills if they have proof that the testator was subjected to undue influence from others at the time that they drafted the document. A judge may throw it out if you’re successful in proving that someone else persuaded your loved one to make changes to their will.
Each state has different procedures for what happens after an interested individual contests a will. An estate planning attorney can both help you plan for the future and can be there for you when you need to pick up the pieces when things may have not gone as planned.
On Behalf of Simon & Gilman, LLP | Mar 12, 2019 | Firm News |
Cyclists worry about car accidents. It’s just a reality of their chosen mode of transportation. In a place like New York, with the packed city streets and the chaos of urban life, there are going to be accidents involving cyclists. Some of these could lead to serious injuries.
But it’s not just the physical injuries that you need to consider. A single accident, no matter how bad it is, can lead to a lifetime of stress and anxiety.
For instance, one man got hit in the fall of 2008 when a driver came up behind him and struck his bicycle. He was in a bike lane, but that didn’t make a difference. He got road rash and he bruised his ribs — admittedly minor injuries compared to what could have happened.
Ten years later, though, he wrote that he still felt nervous whenever he heard a car behind him. As a cyclist in the city, that could be a nearly constant phenomenon. Are the stress and anxiety going to make cycling impossible?
Those who get into serious accidents could also run the risk of post-traumatic stress disorder (PTSD). This can lead to extreme stress and anxiety. It can also bring on things like avoidance behavior, nightmares, flashbacks, sleep deprivation, panic attacks, heart palpitations, chills, headaches, irrational behavior and angry outbursts. PTSD can last for life and it can ruin relationships. There are very real physical issues tied to this mental disorder.
After an accident, you may need medical treatment for these additional issues, beyond your physical injuries. Be sure you know if you have a right to financial compensation.
On Behalf of Simon & Gilman, LLP | Mar 8, 2019 | Firm News |
Estate planning is never as easy as it sounds, as you need to make a variety of decisions that will impact you and your family now and in the future.
As long as you take your time and understand exactly what you’re doing, you can be confident in your ability to create an estate plan that suits the needs of you and your loved ones.
Preparing your family
It’s critical to avoid estate planning mistakes, as a misstep can put you and/or your family in a difficult position at some point in the future. Here are five common mistakes to avoid:
- Thinking you don’t need an estate plan: You can assume that your assets will end up with the right person or people upon your death, but if you don’t have a will or trust there is no way of knowing for sure.
- Neglecting to update your estate plan: Over time, your estate planning wants and needs will change. For example, if your spouse passes away before you, it’s important to determine the impact it will have on your estate plan. This will lead you to change the beneficiary on your life insurance policy.
- Forgetting to plan for disability: A good estate plan touches on more than what happens after you pass on. It also helps you plan for disability, such as by appointing a power of attorney and creating a living trust.
- Forgetting to name a guardian: Knowing that your minor children will be safe in the event of your death will give you peace of mind. Don’t assume that your children will end up being raised by the right person. Make sure this happens by naming a guardian.
- Do-it-yourself estate planning: There are many things you can do yourself, but estate planning isn’t one of them. Taking this approach can lead you to make costly mistakes. Worse yet, it could result in a giant mess for your family to clean up after your passing.
If you’re concerned about making one of these estate planning mistakes, gather all the necessary documents and review your current situation. This will help you take immediate action, which will put your mind at ease.
Browse our website and blog for more information on estate planning, including but not limited to wills, trusts, trust administration and probate.
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