On Behalf of Simon & Gilman, LLP | Jan 11, 2019 | Firm News
Many think that they can simply go online and learn how to do virtually anything. They tend to think that everything that they find there is written by someone who’s qualified to speak authoritatively about it. This is far from the case though,especially when it comes to legal documents, like a will.
Although it may seem easier and less costly to draft your will using a do it yourself (DIY) approach you find online, it may prove to be disadvantageous to you to do so in the end.
Poll results published by Caring.com in 2017 showed that more than 50 percent of Americans have never sat down to draft a will. While many would argue that using an online tool to create any estate planning document is better than taking no action at all, it’s not.
Although you may be tempted to use one of these companies to prepare a low-cost will, health care directive or other document, there’s no guarantee that the person performing the work is a licensed attorney in good standing. Even if they promise that a lawyer will prepare the document for you, they may not be licensed to do so in your own state.
There’s also no guarantee that the individual preparing your documents is an experienced estate planning attorney. If they’ve never stepped foot in a probate court hearing, then they may not have experience in contesting a will or proving that its testator was of testamentary capacity, or sound mind, when drafting it.
If you have significant assets or unique ones, have been married or divorced multiple times or have numerous kids, then these factors may impact how your will needs to be drafted that fill-in-the-blank forms don’t account for.
There isn’t a single approach to preparing wills or any other estate planning documents across every state or country. What may be legal in New York may not been seen the same way by a probate judge in California or Florida, for instance. This is why it’s imperative that if you live in Queens that you plan for your future under the guidance of an estate planning attorney familiar with New York laws.
Parents don’t know the risks teenage drivers take
On Behalf of Simon & Gilman, LLP | Jan 8, 2019 | Firm News
The number of fatal car accidents involving teenagers is typically disproportionate to the number of teen drivers on the road. They crash at a higher rate than other age groups and many of these accidents are incredibly serious. Even non-fatal wrecks lead to significant injuries, both for teens and others.
One thing you may think when looking at these dire facts is that parents should step up and make sure that teens drive safely. The problem, though, is that parents may think they’re doing just that. Teenagers may even drive safely with adults in the car, but they can fall into some bad habits on their own. As some experts have worryingly put it: “Their parents generally don’t even know there’s a problem.”
Problematic driving habits
Wondering exactly which bad habits pose a threat? Here are a few key responses from a recent survey:
- Teens who admitted that they broke the speed limit: 71 percent
- Teens who admitted to aggressive driving: 36 percent
- Teens who admitted to road rage: 31 percent
- Teens who did not bother to put on their seatbelts: 18 percent
- Teens who said they had three or more friends in the car with them: 67 percent
All of these actions can lead to injuries. Having friends in the car can distract teens from the road; breaking the speed limit can reduce reaction times. Road rage can lead to confrontations, aggressive driving and intentional accidents. The risks are enormous.
The parental disconnect
These risks go right over parents’ heads. For instance, they were asked if their own children would break the speed limit. A mere 38 percent said that they would. Clearly, roughly half of the parents of speeders understood that the problem even existed. When asked if their kids were aggressive drivers, just 16 percent of parents admitted that their kids drove that way.
Teens don’t recognize the dangers
What’s more is that teens themselves don’t know how dangerous they are. When asked if they thought that they drove safely, a massive 89 percent of teens said that they did. Remember, as noted above, 71 percent said they broke the speed limit.
What this tells you is that teenage drivers do not think that the risks they take are actually risks. They think that speeding and even road rage are safe activities to engage in. That’s why these habits become so ingrained. They honestly do not understand that they need to break them or why they should do so.
Accidents and injuries
Did you get into an accident with a reckless teen driver? Are you dealing with high medical bills, lost wages and other costs? If so, make sure you know what steps to take to seek financial compensation.
On Behalf of Simon & Gilman, LLP | Jan 6, 2019 | Firm News
Should you take yourself to the hospital after a car crash or let an ambulance take you? If you’re only bumped and bruised and your car is functional, you may be tempted to take yourself. However, there are many benefits to taking an ambulance to the hospital as opposed to driving yourself.
Often times symptoms don’t show up immediately following an accident, but instead can take several minutes, hours or days to rear their ugly head. It’s dangerous when people to try to self-diagnose their own injuries. Without medical training, you can’t make accurate assessments about your condition. Without appropriate blood tests or imaging, you can miss something important.
While ambulances are nowhere close to being as well-equipped as a hospital, and paramedics certainly aren’t doctors; they do have life-saving equipment at the ready and the paramedics have received special training that just might save your life.
Another great thing about ambulances is that they have sirens and their drivers are authorized to speed and run red lights to get you the care that you need as fast as possible. If you have a serious issue that develops in the ambulance, you won’t be putting yourself and others at risk as you try to get to the hospital in a hurry.
Car accident victims who are unsure of the extent of their injuries can protect themselves and others from getting hurt by taking an ambulance to the hospital after a crash. If you aren’t sure about the extent of your injuries after a wreck, do yourself a favor and let the professionals handle your transport to the hospital. If it turns out that you’re seriously injured after a crash, you’ll be grateful that you did.
On Behalf of Simon & Gilman, LLP | Jan 4, 2019 | Firm News
Subways stations can be dangerous. First, you have to descend a staircase in order to get the platform, then you have to stand there among crowds waiting as fast-moving trains pass you by. There are even more hazards that you encounter as you move aboard your subway car or once you make it inside. If you’ve been hurt at a station or on a train, you may be wondering who you can hold accountable to cover your medical bills and other expenses.
Most passenger trains, city buses and subways are run by city, state or federal authorities. Many of them are subject to what’s known as “sovereign immunity”. This makes it where you may only sue them if they provide their consent for you to do so. These government bodies often cap damages that you’re able to recover if you are allowed to file suit against them.
In New York, much like any other state, any individual who is injured in a subway accident must first file a Notice of Claim. This generally has to be filed within as little as 30 to 60 days after an incident has occurred. This greatly contrasts with most personal injury lawsuits that allow victims to file a claim within a year or more after an accident in Queens.
Provided that you’ve filed a Notice of Claim and have been granted permission to file a lawsuit, you’ll be permitted to recover up to a certain amount in damages necessary to cover medical costs, lost wages and other damages including pain and suffering. The federal government limits awards that they pay out to train accident victims to $200 million.
New York City and the state government officials have their own limits and requirements for filing claims that deviate from federal ones. An experienced and compassionate personal injury attorney can provide help for injury victims from all types of accidents to ensure that file in a timely fashion so that they can get adequate compensation in their case.
On Behalf of Simon & Gilman, LLP | Dec 21, 2018 | Firm News
While adults of any age can benefit from starting estate planning sooner than later, many wait until they have kids, get divorced, remarried or for other transitional stages in their lives before they begin. If there’s anyone that shouldn’t wait to plan their estate, parents of special needs children top on the list.
When a parent has a special needs child, they have to plan early on for who would take over guardianship of their child if something were to happen to them. They have to plan for their financial future as well.
It’s key for them to make sure that the assets their child inherits never exceeds the lifetime exclusion amount of $11.18 million. If they do, they put their ability to receive Security Supplemental Income (SSI) or Medicaid at risk.
One way to protect your dependent child’s financial interests in the future is by setting up a special needs trust (SNT).
By setting up a SNT, you can continue providing financial support for your dependent without jeopardizing their ability to qualify for government assistance. It also shields them from having creditors file claims against them. This can protect them from New York landlords, credit card companies and others looking to garnish the limited financial resources that they have.
As with any other trust, an SNT must be managed by at least one trustee. The person appointed to this role may be a trusted professional such as an attorney or financial planner or a family member. This individual often manages the trust alongside the grantor until the grantor’s death.
Setting up an SNT isn’t ideal for every family. While it may protect the assets of someone who wins a court settlement, owned their property before the onset of their disability or receives an inheritance, there are situations in which setting up other trusts may be more appropriate. An estate planning attorney can help you plan for the future.
A five-alarm Sunnyside mall fire injures 12
On Behalf of Simon & Gilman, LLP | Dec 14, 2018 | Firm News
A five-alarm fire broke out early in the morning at a Sunnyside strip mall on Dec. 13. By the time it was finally put out hours later, 12 people were transported to the hospital with injuries. At least seven of those who were hurt were firefighters. Many of the restaurants and other businesses in the Queens shopping center were destroyed.
A New York Fire Department spokesperson notes that its firefighters were first dispatched to the New York Style Eats diner shortly after 2 a.m. after callers reported seeing flames coming from the building.
When they arrived at the restaurant located at 45-02 Queens Blvd., they found that at least two other eating establishments, a Vietnamese eatery named Zen Yai and sports bar Sidetracks, also on fire. A United Parcel Service (UPS) Store was already up in flames as well.
Fire officials closed Queens Boulevard in between 44th and 47th Streets as they continued to try to put out the blaze. It ended up taking them nearly five hours until 8 a.m. to fully extinguish it. Investigators haven’t yet determined what caused the fire to get started.
Individuals who suffer smoke inhalation or burn injuries seldom have short paths to recovery. Those who are forced to breathe in the toxic fumes that are released into the air during a fire may experience chronic respiratory problems or die. Individuals who are burned may develop deadly infections be left with disfiguring scars that are slow to heal. A personal injury attorney can help you aggressively pursue all the compensation to which you are entitled.
On Behalf of Simon & Gilman, LLP | Dec 11, 2018 | Firm News
New York winters, like those seen across much of New England, can be incredibly harsh. Most people have the luxury of escaping into a heated building throughout the day when they work. However, a large number of people in New York work outside, while others have to drive in dangerous inclement weather for their job.
Whether they work in construction, utilities repairs, trash collection or even law enforcement, workers can often spend their entire day out in sub-zero weather during a New York winter. Just like you should take precautions to prevent against sunstroke and sunburn in the summer, you should definitely take steps to protect yourself from winter related maladies if you work outside.
Dress in layers and come prepared for the cold
The most important thing you can do to keep yourself safe while working outdoors during the New York winter is to ensure you have proper clothing. You need closed-toed, insulated boots that provide both warmth and traction. You also want to have several layers of clothing on both your legs and your upper body to maintain your core temperature and prevent frostbite.
Investing in a good pair of gloves is also wise, as your fingers and hands are often the first to experience the numbing pain of frostbite. Proper headgear, including facial coverings, is also necessary. Many workers must cover everything other than their eyes to prevent frostbitten cheeks, noses and earlobes.
If your job allows it, bring a large thermos with warm coffee, tea or hot chocolate. Having something warm to enjoy during your breaks can help increase your core temperature and keep you warm and alert on the job.
Your employer should provide rest stations or other protections
If you will work outside all day in the same location, like construction workers do, your employer should have a heated or sheltered break area. During your breaks and meal time, you should be able to warm up and sit down outside of the elements in such a shelter. Otherwise, your employer should provide adequate time for you to get indoors during your lunch at the very least.
Your employer should also have policies in place that reduce your risk of exposure to the cold. Weather that is a rotating schedule of work duties or specialized heating equipment on a job site, the right accommodations can prevent workers from frostbite and many of the other issues that arise from prolonged exposure to cold temperatures.
Workers who get hurt on the job because of extreme cold or frozen precipitation may have grounds for a workers’ compensation claim or even a lawsuit against their employer. Reviewing the details of your case with an attorney familiar with New York law is a good first step to determining what options you have.
What does it mean to preserve your assets?
On Behalf of Simon & Gilman, LLP | Dec 8, 2018 | Firm News
For most, one of the first thoughts that goes through an individual’s mind when they consider estate planning is drafting their will or some other end-of-life document that relays their final wishes. Many don’t realize that it also includes making plans for how your minor or special needs children are going to be cared for once you’re gone or how you intend to preserve your assets.
There are many reasons lawsuits get filed. If you work in certain professions, then you may be sued for malpractice. If you’re involved in a car crash with injuries, then the person who gets hurt may ask you to pay their medical bills. If a tree in your yard falls on someone or something, then you may be sued as well. Insurance can help you pay for many of these expenses, but if you don’t have it, then your estate may be affected.
One of the best ways you can protect your assets is by drafting a will. It allows you to clearly spell out precisely who you want to inherit your property when you pass on and how much you want them to receive.
Individuals with substantial assets may also set up a trust in addition to drafting a will. You’ll be able to protect some of your assets from being taxed when they’re passed on to your heirs by doing so. Depending on the type of trust that you set up, you’ll be able to go ahead and earmark certain assets for your beneficiaries while still being allowed to use them to live on in accordance with your preferences while you’re alive.
As referenced above, any plans that you may have for preserving your assets should involve you taking out insurance. Business, health, auto, disability, life and homeowners coverage can all serve you well if someone decides to take legal action against you in the future.
While many people think that it’s okay for them to draft a will on their own, it opens them up to having it contested. If you try to plan your estate on your own, then you may make choices that aren’t ideal if you’re looking to preserve your finances for future generations. A Queens estate planning attorney can help you plan for the future so that your loved ones aren’t left picking up the pieces once you’re gone.
On Behalf of Simon & Gilman, LLP | Dec 6, 2018 | Firm News
Even if you’re familiar with the dangers of drowsy driving, it’s still possible you could find yourself fatigued while behind the wheel. The same holds true of everyone else on the road, which is why this remains such a big problem throughout the country.
Drowsy driving typically happens when a person hasn’t slept enough, but there are other things that can lead you down this path.
According to the Centers for Disease Control and Prevention, approximately 1 in every 25 adult drivers reports that they have fallen asleep while driving during the last 30 days.
So, even if you’re 100-percent alert when driving, there’s a good chance that at least one person around you is too tired to be operating a motor vehicle.
Here are some groups of people who are more likely to drive when tired:
- People who take medication that causes drowsiness
- Those with an untreated sleep disorder
- Shift workers, such as those who work through the night
- Commercial truckers
Of course, anyone can succumb to drowsy driving. It just takes one instant.
Recognizing the symptoms
The best way to prevent drowsy driving is to understand the warning signs. These include:
- Drifting from your lane of travel
- Blinking and yawning
- Rubbing your eyes
- Short-term memory loss
- Striking or almost striking objects on the road
If you find yourself dealing with one or more of these symptoms, pull to safety and assess your situation.
Here are three things you can do to prevent drowsy driving:
- Get plenty of sleep before you drive, especially if you’re taking a long trip
- Obtain medical treatment if you have a sleep disorder, such as sleep apnea
- Don’t take medication or drink alcohol before driving
You can control your habits as a driver, so make it your goal to never drive when you’re drowsy.
Dealing with the consequences
If another driver strikes your vehicle, such as someone who fell asleep at the wheel, call 911 for help and to receive transportation to a local hospital for treatment.
The responding officer can file a police report, making note of the cause of the crash. With this report and your personal knowledge of what happened, you can file an insurance claim. This is also a good time to take steps to hold the negligent driver responsible.
The dangers of smartphones in the operating room
On Behalf of Simon & Gilman, LLP | Nov 30, 2018 | Firm News
Smartphones can put a wealth of critical information at a doctor’s fingertips. However, they can also present a temptation to check emails, read texts and find out how many likes their latest Twitter post got. That’s why the presence of smartphones in the operating room has become a safety concern.
They can cause doctors and other personnel to lose focus on the patients and, in the worst cases, cause medical errors. As one professor who’s written on the subject says, “Once we get into or start using our cellphones, we separate ourselves from the reality of where we are. It’s self-evident: If you’re staring at a phone, you’re not staring at the monitors.”
There are no government or even industry regulations against having a smartphone in the operating room. However, individual hospitals may place restrictions on what they can be used for or mandate that they be silenced. Of course, there’s no guarantee that rules will be followed. One doctor says that in his surgical facility, “it is a policy that is routinely violated.”
Perhaps one of the most famous and perhaps egregious misuses of a phone during a surgical procedure involved comedian Joan Rivers. The comedian died after undergoing a throat procedure at a New York City endoscopy clinic. During the ensuing investigation, it was discovered that a doctor took photos of Rivers during the procedure. The problems that led to her death, however, weren’t directly linked to the doctor’s picture taking.
Distractions in the operating room didn’t begin in the 21st century. Doctors were known to read newspapers in years past. They also sometimes brought medical journals into the operating room. However, a weighty scholarly book isn’t going to provide as much of a distraction as a small device on which you can check your Facebook page and find out what new tech device Amazon has just put on sale.
If you or a loved one is harmed during a surgical procedure, it’s prudent to investigate whether the surgeon or any of the medical personnel in the room were distracted by anything — including their cellphones. An experienced New York personal injury attorney can provide valuable advice and guidance.
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