Tag Archives: ny

What is a personal injury case?

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What is a personal injury case?

Many people hear the term Personal Injury, but aren’t sure what exactly it means and how it relates to the law.  The term personal injury is when there is an injury to a persons mind, body or emotions. This differs from property damage where the damage is not to the person, but a thing, such as a home, car, or other item of worth considered one’s property. When a personal injury is the result of another person or entity’s  negligence, that person or entity is considered to be liable (responsible).

The most common types of Personal injury cases are bodily injury in the event of a motor vehicle accident. This can also involve boats, tractor trailers and other motor equipment. Dog bites, slips and falls, and even some assaults result in civil cases where there is personal injury involved.

Medical malpractice is another form of personal injury. This is the case when a person suffers personal injury due to the negligence of a medical professional while receiving care. Wrongful death is a type of personal injury when a persons negligence causes the death of another. Product liability is yet another form of a personal injury in where a products defect caused injury or harm to a person.

Most attorneys represent clients personal injury cases on a contingency basis, meaning the attorneys fees are paid based on a percentage of the amount of damages awarded. The standard percentage is 33.3% and the attorney will also recover any case costs incurred through the award. In a contingency fee case, if there is no award, the client doesn’t pay anything- the attorney absorbs the case costs.

There is a time limit on which one  has to make a claim for personal injury and these vary by state and the type of case. If you feel like you may have a personal injury case, its important that you contact a knowledgeable Personal Injury Attorney as soon as possible so that they may review your case, and if a claim is to be made, do so within a timely manner. Insurance companies will often attempt to get a person with a personal injury case to settle as quickly as possible before they contact an attorney and often times, those people may have underestimated the true value of their case without proper and experienced legal counsel. Our office reviews all personal injury cases for free, and our personal injury attorneys all work on a contingency basis. If you are in the State of New York and have further questions about Personal injury or feel you have a personal injury case, please CONTACT OUR OFFICE through our website or call our office at 315-701-2939

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Charged with DWI in NY

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Charged with DWI in NY – Now What?

If you have recently been charged with a DWI you are probably quite concerned about how this is going to affect you, and the rest of your life. You should be. A DWI conviction on your record may stay there for your entire life. It may affect your ability to get certain types of jobs or professional licenses. The additional insurance costs alone will be a significant increase over previously paid premiums. Additionally, in NY a DWI charge is a jailable crime. The fines, penalties, and jail time increase with each conviction.

OK, so you got charged with a DWI, so now what?

The first thing to do is call an experienced DWI Lawyer immediately. This is not a time that you can afford bad advice. Your second cousin who is a real-estate attorney is not what you need right now. You need an attorney that is familiar with the DWI laws, all the possible defenses, and the courts in which you will be appearing. This person should be willing to sit down with you, explain your rights, answer your questions, and work with you to find the best possible defense for your situation. Be sure you are speaking with an experienced DWI attorney, and not an assistant or a call-screener. Your attorney should be accessible to you throughout your case, and keep you informed of any changes or decisions as they occur.

The urgency is speaking with a qualified attorney immediately is the help with a hardship license application which must be done at the first appearance (arraignment). Discovery motions should also be done within 45 of arraignment. These things sometimes make all the difference in the outcome of a case, or if the prosecution even has a case at all. A little over a month is not much time to find an attorney, meet with the attorney, have the attorney research, write and file any possible motions. Lastly, if you are ticketed for refusing the breathalyzer, the DMV will schedule a hearing within a couple of weeks and you need a lawyer at that hearing to protect your right. If you are not successful at that hearing, the DMV suspends your drivers license for 1 year regardless of the outcome of your case.

Important information you want to convey to your attorney to assist them in putting together the best possible defense for you is:

  1. The circumstances surrounding the stop of the vehicle. Why did they pull you over in the first place? At what time?
  2. The circumstances that led the officer to believe that you may be intoxicated
  3. Who was in the vehicle with you? According to Leandra’s Law, if driving while intoxicated with a person under the age of 15 in the vehicle, your charge is a felony. Even if it’s your first offense.
  4. What is your driving history?
  5. Was there an accident involved in your charges?
  6. Did you have a breathalyzer test or a blood test taken? At what time?
  7. What other Field Sobriety tests were performed, and the time frame in which they occurred.
  8. Were there any other witnesses?
  9. The time frame in which the entire incident occurred from initial stop to Miranda rights, and arrest.

If you have been charged with ANY driving while intoxicated, DWI or DWAI offense in NYS, you can talk with an attorney in our office for a consultation for FREE. Don’t hesitate to call us at 315-701-2939 or find us on the web at bestsyracuselawyers.com for a free initial consultation.

 

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Can I Make My Spouse Pay for Divorce in NY?

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Can I make my spouse pay for divorce in NY?divorce-best-syracuse-lawyers

Well, as with most legal answers, that depends. It depends primarily on if you are considered the less-monied spouse. Along with the legislation that allowed NY to become a no-fault divorce state, was another bill signed by the Governor, A7569-A/S4532-A.

This bill created a presumption that a less monied spouse in a divorce case is entitled to payment of attorneys’ fees. Under the previous law, a party that cannot afford to secure representation in a divorce proceeding must make an application for fees at the end of the process, which can force a poor individual to proceed without a lawyer, or to surrender on important issues due to lack of means.

It does not matter who initiated the divorce proceedings, the laws use a formula and calculation to determine temporary spousal support (if any), as well as less monied spouse based on income. With the no-fault laws now in place in NYS, one can not contest the divorce itself. But there are two parts to the divorce proceedings; grounds and terms.

Just because one can not prevent the divorce from happening, and maintenance is calculated by a formula, does not mean one does not need the advice of an experienced divorce attorney. It’s necessary when it comes to the terms of the divorce to have a clear understanding of the agreements and terms that will effect the rest of your life as well as your children’s.

Within the terms of the divorce many things are decided, equitable distribution of marital property, spousal support (alimony), child support, custody etc…
It’s imperative that you are familiar with each aspect of the terms of your divorce, and receive what you are entitled to under the NY law.

Divorce is a complicated process.  Our trial experienced Family Law attorneys at Weisberg & Zukher will take the time to talk with you to ensure that you understand all of the factors involved in your divorce, and work with you individually to prepare a sound legal strategy to ensure the best result possible in your case. For more information on how we can help Contact us by using the link or by phone at 315-701-2939.

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.