What is a personal injury case?

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.

New York Gun Laws

New York Gun Laws

syracuse-lawyers-ny-gun-laws
simonov / Foter.com / CC BY

On January 15, 2103, Governor Andrew Cuomo signed into law the “NY Safe Act” which bans semi-automatic rifles, shotguns and pistols purchased after Jan. 15, 2013 that have more than one prohibited feature – such as a pistol grip, a folding stock or a flash suppressor. This is the state’s new definition of an assault weapon. The ban does not cover pistol grip shotguns. New York will define a large capacity magazine as any that holds more than seven rounds, down from 10. Anyone owning a magazine that holds more than 10 rounds will be required to sell it out-of-state within one year.

Semi-automatic weapons bought before January 15, 2013 must be registered with the New York State Police Department within one year, the registration of the weapon will trigger a background check of the registrant.

High-volume ammunition purposes will be tracked in real time

The penalties for crimes involving gun laws have also become harsher:

Killing a first responder responding to an emergency a first-degree murder charge.
A mandatory five-year minimum prison sentence will be imposed for anyone who uses a loaded firearm during a drug sale or violent felony.

A mandatory three-and-a-half year minimum prison sentence for using an unloaded gun during any drug sale or violent felony.

“Straw purchasers,” people who can easily pass a background check who buy guns for others will be upgraded from a misdemeanor to a Class D felony.

IT IS A FELONY TO POSSES A GUN ON SCHOOL GROUNDS OR A SCHOOL BUS.

Charges are upgraded for those who use community or shared guns to commit crimes.

The new law will now require mental health providers to report those that pose a danger to themselves or others to the County, which in turn reports to the NY Division of Criminal Justice Services.

Other gun control issues including storage of weapons, sale of firearms currently in your possession, sale of ammunition, Kendra’s law, and background checks are affected by the new law. We would encourage you to visit The NY GOVERNORS WEBSITE for more detailed information about the 39-page law and its implications.

As always, it is imperative that if you are charged with a weapons crime in NY State, that you immediately seek the advice of competant legal counsel experienced in gun and weapons defense. If you should have any questions about a particular matter and your charges are in Onondaga, Oneida, Madison, or Jefferson County, don’t hesitate to call us at 315-701-2939 or find us on the web at bestsyracuselawyers.com for a free initial consultation.

See related articles:

How do I remove a criminal charge from my record?

Drugs in a car are Everyones Drugs- The Automobile Presumption

Felony and Guns

What is Harassment?

NY Room Presumption- Guns and Drugs belong to everyone

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?

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.