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#Best Suffolk County Personal Injury Lawyer
wedesignyouny · 4 months
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Top Suffolk County Personal Injury Lawyer No Gain, No Charge
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Every year, 24.8 million Americans seek medical attention from a physician for unintentional injuries, and an additional 97.9 million people visit the emergency room. While some of these events are unavoidably accidents, others are the consequence of carelessness or intentional behavior on the part of others. In these situations, the person who was harmed may be able to make a claim for payment.
Accident victims can pursue financial compensation through a personal injury claim for a range of losses, such as medical expenses, missed income, additional medical expenditures, property damage, psychological suffering, and more. An experienced personal injury lawyer in Suffolk County can help at every stage of the procedure, working to get their clients the most money possible.
Our goal at Glynn Mercep Purcell,LLP  is to assist those who have been injured in accidents in obtaining the maximum amount of compensation possible. With more than 150 years of combined experience, we have the knowledge and perception to work for the best result in your case. First consultations are always free of charge, and since we take cases on a contingency fee basis, you won’t have to pay unless we get you paid.
Do You Have a Claim for Personal Injury?
Personal injury proceedings, sometimes referred to as torts, in New York typically center on the notion of negligence, which denotes irresponsibility or inadequate caution. To be negligent is to fall short of the level of care that a reasonable person would provide in a similar circumstance. It may result from either acts performed or acts not performed (omissions).
In order to prevail in a personal injury lawsuit, you must demonstrate the other party’s negligence.Four components make up negligence:
Duty: The defendant, who was at fault, was obligated to treat you with care.
Breach: In some way, the defendant did not carry out that obligation.
Cause: Your injuries were either directly caused by this breach or they were a result of it.
Damages: You, the plaintiff, suffered losses or injury as a result.
Negligence can take many different shapes. For example, it is obviously negligent if a driver smashes your car from behind when you are stopped at a red light because they were texting. Similarly, a driver may be considered negligent if they speed and cause an accident.
In all kinds of accidents, our law office defends those who have been harmed by careless parties, including:
Types of accidents we handle include:
Car accidents
Uber and Lyft crashes
Dog bites
Slip and falls (premises liability)
Bicycle accidents
Motorcycle crashes
Pedestrian accidents
We have a great deal of experience helping people who have suffered from a variety of injuries, from mild to severe, such as bruises, broken bones, traumatic brain injury (TBI), paralysis, and regrettably, death. When an accident results in death, the surviving family members of the dead may file a wrongful death claim to recover damages for their losses.
There is a free initial consultation for every case. We will carefully listen to your story during this discussion and provide you with advice regarding your legal rights and possible solutions. If you want to work with our legal team, we’ll get to work right once creating the strongest possible damage claim.
Navigating the Personal Injury Claims Process
It’s normal to feel lost after an accident and unsure of where to get help. It’s possible that you’re experiencing severe mental and bodily pain. Financial strain may also worsen if you are unable to work and your medical costs keep getting worse.
A personal injury claim against the at-fault party may help to lessen this burden. You have this option to pursue damages for all of your losses. Even if money recovery won’t heal you completely, it can help you move on after an injury caused by an accident.
When you hire our law office, we will go to work on your case right away by thoroughly investigating it. This involves gathering accident reports, analyzing images and videos from the scene, speaking with witnesses, looking through medical data, and interviewing witnesses. To strengthen your case, we’ll also work with specialists and research personal injury laws in New York.
After gathering sufficient evidence, we will draft a demand letter to the insurance provider of the at-fault party. The main points of the case will be outlined, a case will be made for the insured’s legal liability, and damages will be requested. The insurance provider will often make a counteroffer in response to the demand letter.
A just settlement may be reached in two to three months, depending on the details of the case and whether the insurance company contests liability. Negotiations may take longer, though, if the matter is complicated. For example, the insurer might refuse to pay for all medical costs if they argue that a particular injury is the result of a pre-existing condition. An experienced Personal Injury Lawyer in Suffolk County will use their knowledge of New York law to fight for full recompense.
It may occasionally be necessary to file a lawsuit in order to protect your legal rights. For personal injury cases, there is a three-year statute of limitations in New York. With a few exceptions, this generally means that if you don’t submit a claim within three years after the accident date, your claim will be lost.
A courtroom confrontation is not always guaranteed when legal action is taken. The majority of personal injury cases, in actuality, are settled out of court. Rather, it’s a way for both parties to continue their continuing discussions, share important details, and get one step closer to a mutually agreeable conclusion.
Should the insurance provider continue to refuse a just settlement, your lawyer will take the matter to trial. They will make arguments, provide evidence, and cross-examine witnesses in court. The jury will ultimately make the choice by returning a verdict.
Compensation for Personal Injury Claims in Suffolk County
Three basic types of damages are available in Suffolk County personal injury cases: punitive, noneconomic, and economic. Depending on the facts of your case, you can be eligible for two or more different forms of compensation in addition to these damages.
The purpose of economic damages is to make up for the financial losses suffered by accident victims. The following are some instances of economic damages:
Property damage
Lost wages
Reduced earning capacity
Medical bills
Future medical expenses
Economic damages may also apply if you have incurred, or anticipate incurring, expenditures associated with your injury, such as remodeling your home to make it more accessible.
On the other hand, noneconomic damages are meant to compensate for intangible losses. Even though it might be difficult to prove these damages, an experienced Long Island personal injury attorney will use their knowledge and work with experts to build a case for noneconomic damages. As examples, consider:
Pain and suffering
Scarring
Disfigurement
Loss of enjoyment of life
Emotional distress
Punitive damages are an option in rare circumstances where the defendant’s acts show deliberate or careless behavior. Punitive damages are rarely given, despite the fact that negligence is frequently at the heart of personal injury lawsuits. Punitive damages may be appropriate in certain situations, such as drunk driving incidents.
Do You Need a Personal Injury Attorney?
A claims adjuster from an insurance company may get in touch with you after an accident. They might ask you to sign papers, ask you to provide a statement, or even provide settlement suggestions. Nonetheless, it’s always a bad idea to work with an adjuster or sign any paperwork without first speaking with a lawyer.
Insurance firms put profits ahead of all else, even when it comes to legitimate claims, which they frequently do by rejecting or undervaluing. Adjusters use a variety of dishonest strategies to weaken your rights and reduce the amount you are compensated for your claim.
A Long Island personal injury lawyer you hire will only take on cases when your interests—not the insurance company’s—are represented. Gaining the maximum amount of compensation for your injury is their main goal. They’ll make sure you don’t accept an offer that doesn’t fairly compensate you for your losses and protect your legal rights.
Studies show that those who are represented by an attorney generally get 40% more money than people who manage their own personal injury claims. The insurance company receives a powerful message when an injured party hires a personal injury attorney. Insurance companies are more likely to provide a reasonable settlement when you have an experienced and determined attorney on your side.
While it is possible to resolve a personal injury claim without legal counsel, engaging legal counsel is often the best course of action. Most personal injury cases are handled on a contingency fee basis, which means you won’t have to pay anything up front and will only have to pay if your attorney is able to get you compensation. By taking this method, you can avoid the financial risk associated with working with a personal injury law company and increase your chances of receiving a far larger settlement than if you handled the claim on your own.
How Long Does a Personal Injury Case Take in New York?
Your case will be settled in a variety of time frames. Your case may be settled in two to three months if it is simple and the insurance company doesn’t contest culpability. However, it could take a year or longer to get a settlement if your case is complicated and the insurance company disputes some of your claim.
After an accident, speedy settlements are possible, but they frequently don’t reflect the full worth of your claim. Our goal as Suffolk County personal injury attorneys is to get you the most money possible. Make an appointment for a free consultation with Glynn Mercep and Purcell, LLP as away to make sure your rights are safeguarded.
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What Should You Do After an Accident?
Regardless of how serious you think your injuries are, getting medical attention should be your top priority after an accident. Seeking medical attention establishes a link between your injuries and the accident and guarantees that you obtain the right diagnosis and treatment.
Try to obtain information at the scene of the accident. Don’t apologize to the other party or provide an insurance adjuster a statement. Rather, get in touch with Glynn Mercep and Purcell, LLP right now to arrange a free consultation.
Can’t Afford a Lawyer. Can You Still Pursue a Claim?
In fact, contingency fee arrangements are commonly utilized in the management of personal injury cases. Instead of billing by the hour, your lawyer gets a portion of whatever money you end up with, whether it’s from a settlement or a jury verdict. With this strategy, anyone can hire a personal injury attorney, even if they don’t have the money to pay up front.
Our goal at Glynn Mercep and Purcell, LLP is to quickly settle matters for our clients in order to get them the most money possible. To schedule a free consultation with a member of our legal team, get in touch with us right now.
How Our Law Firm Can Help
After an accident, we are aware of the difficulties in managing paperwork and interacting with forceful insurance adjusters. Allow us to deal with the insurance company on your behalf, taking care of all correspondence and fighting for the highest possible payout for you.
Glynn Mercep and Purcell, LLP is dedicated to assisting Long Island accident victims in obtaining the compensation they are due for their injuries. Free initial consultations are provided, and there are never any fees unless we successfully get you money back. Contact our law office online or by phone at 631.751.5757 to arrange a consultation with a Suffolk County personal injury lawyer or to find out more information.
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Civil litigation refers to lawsuits that don’t involve crimes. For starters, contact a civil law attorney to find out if your claim has merit. After that, pursue your claim with a civil litigation attorney who’s familiar with your type of suit and the area where you live. Find the best civil suit attorney in New York City with Albert Maimone & Associates, P.C. law practice. Call the boutique law firm to hire an experienced civil law attorney in College Point, Queens, or for all five NYC boroughs, as well as in Suffolk and Nassau counties. Get a free consultation and a response within 48 hours.
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rajivsyedlaw · 8 months
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Best Restaurant Eviction Lawyer In NYC
Rajiv Syed has prosecuted close to 200 cases for the Kings County District Attorney’s Office. While at the District Attorney’s Office, he was placed in Brooklyn’s busiest trial bureau.
Now, he uses those skills learned to in protecting the rights of those accused of committing crimes, arrested or under investigation. Preserving society’s civil rights has always been a passion, as Mr. Syed is a former board member of the New York Civil Liberties Union (NYCLU) – Suffolk County Chapter. While with the NYCLU, Mr. Syed was actively engaged in legal projects with respect to Islamophobia, Malicious Prosecution and the Real ID Act.
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888gothurt · 2 years
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Best Personal Injury Lawyer Suffolk County
A car accident is never an easy time, but they do occur, and it’s important you are knowledgeable on the steps to take following one. With the help of Brooklyn accident lawyer Joel Levine, clients have accrued millions in damages over the years – from a wide variety of cases and claims. As the top accident lawyer Brooklyn plaintiffs look to – Mr. Levine has achieved an impeccable track record for success with clients. For more information on personal injury claims or to get a case assessment, contact Levine & Wiss today.
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edwardryoung-blog · 5 years
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personal Injury  Bronx NY
Tips to select the best accident attorney Some of the benefits of hiring an attorney
WHAT TO DO IN CASE OF PERSONAL INJURY AND ACCIDENTS?
If you have involved in any car accident resulting in personal injury or sidewalk accident or monetary losses in Bronx NY, Brooklyn NY, Long Island, Suffolk County NY, Nassau County NY, it is better to hire a personal injury attorney. Without a personal injury lawyer, when you approach your insurance company for an insurance claim, there are chances of denial with some lament reasons.
A personal injury lawyer in Long island can guide you face the insurance company and officials. They can do the procedure in receiving your claim benefits on time. A personal injury attorney can efficiently handle the cases, bringing the best legal possibilities. They will be your advocate for the entire case period, thus bringing you a positive outcome.
After deciding to hire an auto accident lawyer in Brooklyn NY, you should look for certain most important things regarding the accident lawyer. Here are some of them:
Right lawyer for right purpose: Nassau country NY offers you different lawyers who focus on a different area of the accident. Make sure you hire the correct accident attorney like for a slip and fall or sidewalk accident. For instance, if you recently had a dog bite accident, Dog bite attorneys are well available in Bronx NY.
Proper research on accident lawyer’s reputation: It is important to look for other people’s opinions. Here from people about the best car accident attorney in Suffolk country NY, this will help you choose the right one with a profound reputation. It maximizes your chance of winning the case.
Look at the availability of the auto accident attorney: If your chosen auto accident lawyer is fully occupied, and they are unavailable for taking your claim immediately, it is better to choose a different auto accident attorney.
Evaluate your comfort level with car accident lawyer: Only a good rapport between you and your attorney will ease the claim process. Your slip and fall attorney should start feeling your comfort level from the beginning. Decide where you want to hire this lawyer or not.
A sidewalk accident attorney will streamline the claim process fast
They offer you with compassionate and knowledgeable support in case of any insurance claims
The sidewalk accident lawyer will patiently and honestly address your concern and questions
They will assess your claims thoroughly and explain the legal options with clarity
Manage all your legal aspects, for easily recovering of the claim
These legal experts also consult with specialist and experts for loopholes of the case
They help to protect the validity of the claim
All your injury claims require an experienced attorney for a better solution. Whether you need a crane accident attorney or a dog bite lawyer, look for the above-mentioned factors check if you can reap the major benefits from them. Your cases will not remain in the paper for a long time with the best attorney for your guidance.
https://www.edwardryoung.com/
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Here Is How You Could Locate The Best Personal Injury Slip And Fall Accident Lawyer In Suffolk County!
To save money on legal costs, you should ensure that your Personal injury lawyer knows exactly what you need. Anytime you need legal representation, hire a Personal injury lawyer who has won cases like yours. You'll want to consider these other factors, too, when looking for legal representation.
Your Personal injury lawyer’s legal fees can rapidly build up, becoming a massive expense. But some of the Personal injury lawyers are very reasonable with pricing and you will get these lawyers at Bragoli And Assosiates. Before having a face to face meeting which will cost you some cash, find out over the phone if it's possible for you to have a free consultation. Some Personal injury lawyers may even offer to simply accept your case at no charge.
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Personal injury lawyers have the option to get clients through false promises or by honest and real effort. It is wise to learn a bit more about a Personal injury lawyer who touts himself as the very best or the most effective to see if his work lives up to his claims. Be positively certain to check out their track record in court as well as scholastic achievements. Go an additional mile of checking online reviews from other clients to see if he or she delivers effectively.
Auto accident lawyer in Suffolk County frequently work on more than one case at a time. Your Personal injury lawyer’s priorities in terms of court dates and filing deadlines will determine how much time is devoted to your case during a particular week or month. You might need to remind your Personal injury lawyer to give your case the time it needs. When you need to work with someone, spend time looking up info about them.
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An ethical Personal injury lawyer will probably be honest with you and let you know if they are capable of representing you. Ethics demand that a Car accident lawyer lacking experience in a certain area, should immediately inform you of this. Be wary of Personal injury lawyer who tell grand stories about successful cases they've had in the past. Some Personal injury lawyers may want to accept one case with a goal of gaining the new experience.
CONTACT US:
Bragoli & Associates PC
Address: 300 Broadhollow Rd #100w, Melville NY  11747
Phone: (631) 423-7755
Website: https://www.bragolilaw.com/
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custodyblog · 3 years
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Suffolk County Loved ones Legislation and Divorce Attorneys
The primary office of the Law Workplaces of Andrew J. Gilbride, Esq., is situated in Riverhead, New York, the “Gateway to the Hamptons” and the residence of the Suffolk County seat. Our company has expanded and moved into The Corwin Residence, positioned in the heart of downtown Riverhead. We are conveniently positioned across from the Supreme Court creating, and only a couple of blocks from the County Clerk and Riverhead Loved ones Court. As a determination to our follow and the local community, the organization bought this architectural gem and completely restored and renovated this 1866 historic building to its earlier splendor. We at the Legislation Places of work of Andrew J. Gilbride, Esq., have located that when we symbolize a shopper we forge a long lasting relationship and daily life partnership. 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number06fan · 5 years
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Long Island Car Accident Lawyer
Long Island Car Accident Lawyer
Every year, there are thousands of car accidents on Long Island. Unfortunately, a lot of these accidents are avoidable. Drivers are distracted and in too much of a hurry. As a result, they create dangerous situations that put safe drivers and their passengers in harm’s way. 
Have you or someone you love been involved in a Long Island car accident? Did you suffer an injury because someone else was careless? If so, you may be entitled to compensation. The experienced Long Island car accident lawyers at Mirman, Markovits & Landau, P.C. will help you fight to get the money you deserve.
Since 1977, we’ve been dedicated to helping injury victims on Long Island. Our aggressive strategies and comprehensive approach to the cases we handle get results. We’ve successfully recovered more than $1 Billion in settlements and verdicts for our injured clients. If you’ve gotten hurt through little-to-no fault of your own, we’re here to help you, too.
We offer a free consultation, so do not hesitate to call our Long Island law office to schedule yours. Our team is always available to take your call – day or night – 365 days a year, so call now.
Why Should I Hire a Personal Injury Lawyer After My Long Island Car Accident?
An unexpected car accident can have immediate and long-lasting consequences. If someone else caused you to get hurt, they should be responsible for the damage they’ve done. Fortunately, you may have the right to file an injury claim or lawsuit and seek compensation for your injuries. 
Even though you may be entitled to damages, getting money in your hands can be tough. You’ve got enough on your plate right now without the added stress of a complicated legal case. Hiring an attorney can give you time to focus on getting better, while also putting you in the best position to recover maximum compensation.
You should call the Long Island personal injury attorneys at Mirman, Markovits & Landau, P.C. for help after your car accident because:
Insurance companies will fight you every step of the way and do anything they can to deny or drive down the value of your claim. You’re much more likely to get a fair settlement if you have  one of our experienced attorneys on your side.
You might be blamed for the accident or your injuries, which could potentially hurt your ability to recover compensation. We’ll stand up for you and fight to minimize your role in the car crash.
More than one person might be responsible – and liable – for your accident. We’ll investigate and seek money from anyone who caused you to get hurt.
It’s hard to know what your case is worth, and you shouldn’t let an insurer decide. We’ll consult with experts and make sure we value your case properly.
Our goal is to get you the money you need and deserve after you’re injured in a Long Island car accident through little-to-no fault of your own. We work on a contingency basis, which means you pay nothing unless we win. There’s zero risk in asking for our help, so give us a quick call today to learn more.
Long Island Car Accident Statistics
Long Island is home to more than 7.8 million people, which is about 40 percent of New York state’s total population. It gets even more congested in the summer when tourists and part-time residents flock to the area to take advantage of the gorgeous beaches and beautiful weather in Nassau County and Suffolk County. This means that Long Island roads tend to be packed with traffic.
It’s no surprise that accidents happen on Long Island every day.
According to the New York State Department of Health, motor vehicle traffic injuries are the second leading cause of injury-related hospitalizations in Suffolk County. In 2014, there were more than 19,188 traffic accidents in Suffolk County. Because of these accidents:
17,590 people visited the emergency room with an injury
1,469 people were hospitalized with a severe injury, and
129 people died.
Even more suffered property damage and/or injuries that were minor and didn’t require immediate medical attention. 
Accidents are problematic in Nassau County, too. The Department of Health reports that motor vehicle accidents are the fourth leading cause of unintentional death on this part of Long Island. In 2014, there were more than 11,173 car accidents in Nassau County. As a result:
10,000 victims sustained injuries that required a trip to the emergency room
998 victims were hospitalized, and
75 people were killed in fatal crashes.
When you look at Nassau and Suffolk Counties together, the statistics are frightening. On a typical day on Long Island, there’s an average of 83 injury-causing and fatal motor vehicle accidents. 
Where Do Most Car Accidents on Long Island Happen?
Nassau County and Suffolk County aren’t the safest places to drive a car. There’s no guarantee that you’ll make it to your destination without getting into an accident. Sadly, this is true even if you are paying attention, following the law, and doing everything you can to prevent a crash. Why? Because you can’t force others to do the same. Nor can you force bicyclists and pedestrians to share the road safely.
However, you might be able to reduce the odds of a crash by knowing which intersections and stretches of road on Long Island tend to be dangerous. Thankfully, a review of Long Island crash data can help us know where auto accidents on Long Island happen the most. The Tri-State Transportation Campaign, a non-profit organization, combed through three years of crash statistics for Nassau and Suffolk Counties.
In its report, the organization concluded that the most dangerous roads and intersections on Long Island include:
Jericho Turnpike / State Route 25
North County Rd / SR-25A
New York Avenue / SR-110
Route 24
Montauk Highway
Lakeview Rd & Marcus Ave. & Northern State Pkwy
New Hyde Park Rd & Northern State Pkwy
Roslyn Rd & LIE South Service Rd
Old Country Rd & Wantagh Pkwy
Hempstead Turnpike & Wantagh Pkwy
Round Swamp Rd & Northern State Pkwy, and
Connetquot Ave & Sunrise Hwy.
You can either avoid these stretches of road or simply be extra vigilant while navigating these areas. A little extra caution might prevent a crash.
Who’s Liable For My Car Accident and Injuries?
When you’re involved in a car accident on Long Island, you can potentially seek compensation from anyone who caused you to get hurt. Under New York state law, this is true even if someone only shares 5 or 10 percent of the blame for your accident. As long as someone’s negligence contributed to your injuries, they can be on the hook for resulting damages.
So, you may be able to recover compensation from:
Other drivers
Bicyclists
Pedestrians
Employers of negligent parties
Transit companies
Government agencies
Companies that sold or marketed a defective product, or
Anyone else who was negligent. 
When you turn to Mirman, Markovits & Landau, P.C. for help, you can rest assured that our experienced personal injury lawyers will carefully investigate your case. We’ll do our best to determine why your accident happened and identify anyone who shares fault. Then we can seek compensation from those parties on your behalf. This approach can help us secure maximum compensation for you.
What Causes Car Accidents on Long Island?
There are a lot of different reasons why auto accidents happen on Long Island. Some factors tend to contribute to crashes more often than others. Common causes of collisions include:
Speeding
Failing to yield the right of way
Distracted driving
Drinking and driving
Tailgating
Ignoring a stop sign or traffic signal
Dangerous road conditions
Defective vehicles or equipment
Road construction, and
Making unsafe or illegal turns.
Did you get hurt in a car accident on Long Island? If so, contact Mirman, Markovits & Landau, P.C. to learn about your legal rights and options. Your first consultation is free, so reach out to us online or by phone today.
What If I’m Blamed For My Crash on Long Island?
Sharing fault for an accident doesn’t automatically mean that you can’t get money for your injuries. New York is a comparative fault state. This means that you can potentially recover comepnsation as long as someone else is at least partly to blame for your accident. 
However, you won’t be entitled to all of your damages. Your award will be reduced by the degree of fault that’s allocated to you. If you’re allocated 20 percent of the blame, your damages will be reduced by 20 percent. You may able be liable for 20 percent of damages suffered by others in your crash.
Insurance companies and at-fault parties will probably try to shift as much of the blame to you as they can. The best thing you can do is work with an attorney who will stand up for you and fight to prevent these tactics from working. At Mirman, Markovits & Landau, P.C., we’ll do everything we can to deflect allegations of fault and minimize any role you had in causing your Long Island car accident.
The less fault allocated to you, the more money you can potentially get. Give us a call to get started on your case today.
We Handle All Car Accident Cases on Long Island
At Mirman, Markovits & Landau, P.C., we only represent clients who have been injured in accidents through little-to-no fault of their own. Our lawyers have more than 200 combined years of experience handling complex personal injury cases. This means we know the laws and procedures that might affect your case inside and out. When you call us for help, this can all work in your favor. 
We’re here to help you fight to get money for all of your car accident injuries, including:
Concussion
Whiplash
Broken bones
Crushing injury
Chest injury
Burns
Eye injury
Brain injury
Degloving
Lost limbs
Back and neck injury
Spinal cord injury
Paralysis
Wrongful death, and more.
Can’t make it to our law office to talk to our legal team? That’s okay. We can come to you. Just give us a call and we’ll set up a time to visit you at home, at work, or at the hospital. 
What Damages Can I Get If I’ve Been Hurt in a Long Island Collision?
Our attorneys will take an aggressive approach to your case and demand the compensation you deserve. We can seek damages for:
Medical bills
Lost wages
Disability
Reduced earning capacity
Loss of enjoyment of life
Disfigurement
Emotional distress
Pain and suffering, and more.
We’ve been working hard to help car accident victims on Long Island for more than four decades. In this time, we’ve built strong relationships with some of the most reputable injury experts in the area. We can rely on them for critical insight into the more detailed aspects of your case. In turn, we can better understand the extent of your injuries and what your case might be worth. 
What Should I Do After a Car Accident on Long Island?
Getting into a car accident can be extremely upsetting. However, you need to know that the things you do after a crash are important.  Your decisions in the minutes, hours, and days after a crash can affect your health and the strength of future claims for compensation.
Here’s what you should do if you’re involved in a Brooklyn car accident.
Call the Police. Don’t leave the scene before you’ve called the police and reported the accident. You’ll want to make sure than an officer is dispatched to investigate and document the crash. A police report can contain valuable information – such as weather conditions, traffic, and even preliminary assumptions of fault. A lot of this information can easily be lost or forgotten over time. If you decide to file an injury claim or lawsuit, your attorney can rely on the police report as they build your case.
Get to Safety. Don’t stick around the scene of your accident. Move to the side of the road for safety. Leave your car if you have to. Other drivers, approaching from the rear, might not see that your vehicle is stopped. As a result, your car might be in a second accident. You don’t want to be anywhere nearby when that happens.
Get to the Doctor. You might not think you’ve gotten hurt in the accident. However, not all injuries are noticeable right away. It can take a while for symptoms of whiplash, a concussion, or internal injuries to develop. By going to the closest emergency room shortly after an accident, you can help to ensure that all of your injuries are diagnosed and treated. Your trip to the doctor will also create a medical record that can be critical in establishing a link between your accident and crash.
Don’t Admit Fault. Don’t say that an accident is your fault, even if you honestly believe that you’re to blame. You might be wrong. You might share fault with others. Admitting fault can prevent an investigation into your crash and give insurance companies the upper hand. The best rule of thumb is to say nothing at all.
Direct All Conversations to Your Attorney. Insurance companies might try to contact you shortly after an accident with a settlement offer. This offer might be enticing. However, it’s probably a lowball offer that won’t even come close to covering your accident-related costs. Simply tell insurers that they can take any offers to your attorney. Your lawyer will fight to make sure that you’re fairly and justly compensated for your injuries. 
Schedule Your Free Consultation Today
We know things are probably a little bit overwhelming right now. However, you only have a limited amount of time to file a personal injury lawsuit or claim for damages. If you’ve been injured in a Long Island car accident, do not hesitate to contact Mirman, Markovits & Landau, P.C. for immediate legal assistance. We’ll go above and beyond as we fight to secure compensation on your behalf.
Your first consultation is free, so call our Long Island law firm to schedule yours now.
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viperincess · 6 years
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Visit http://RMKInjuryLaw.com Consultations: (212) 421-0300 Or Call: (646) 808-3785 Main Office: The Law Office of Richard M. Kenny 875 Avenue of the Americas Suite #805 New York, NY 10001 The New York law office of Richard M. was founded by an attorney who is dedicated to helping those injured in construction site accidents get the justice that they deserve. Construction litigation attorneys in New York City have a challenging job, they obviously have to take care of their clients and make sure that they are physically cared for in some capacity while pursuing Justice on their behalf under rather strict rules and guidelines, particularly statutes of limitation that limit construction site accidents and the time frames with which individuals have to file a notice of action leading to a civil suit. Oftentimes workers can be injured on the job, under circumstances that would be considered negligent, but they often choose, not knowing all the ramifications of such a choice, to struggle through the pain in the hopes that it would just get better. when they do that, and a couple years pass by, they missed their window of opportunity for filing a lawsuit. New York construction litigation lawyer, Richard M. Kenny, knows this reality all too well, as it was similar circumstances that robbed him of his father many years ago before he was able to introduce his father to his new granddaughter. Mr. Kenny, who represents Construction workers who have been injured on the job, keeps his father's Union card as a reminder what he views as his duty to help others in a similar position to his father many years ago. This has made Richard M. Kenny and his law office to come to be viewed as some of the best go-to legal experts in New York City for handling construction injury litigation, as well as all other sorts of cases. The Law Office of Richard M. Kenny�s Construction Litigation division can be reached via their website, or by calling 212-421-0300. �Workers who are injured on the job site should immediately seek medical attention to make sure that there are no severe problems that need to be taken care of immediately, but after that, they should speak as quickly as possible to a competent construction site litigation attorney. The attorney's job is to do all that is required to make sure that their client has the best possible chance of being rendered a successful verdict that can help them to cover the pain and suffering and cost for medical care and therapy that can come along with a job site accident. They are always mindful of the various statutes of limitation, and can also help to preserve the Integrity of the accident scene in a way that most individuals simply cannot,� Said a representative for the law office of Richard M. Kenny. Persons injured in construction site injuries need to know what their rights are - and how they can be compensated for their construction site accident - and the single fastest way to do that is to schedule a free consultation with a lawyer who specializes in this area of law. In the boroughs of New York City, including Queens, Brooklyn, and Bronx, persons looking to speak to a construction injury attorney should contact the Law Office of Richard M. Kenny at 212-421-0300 and speak to an attorney specialist at no cost. More information can be found on their website, https://ift.tt/2SgC9eJ https://www.youtube.com/playlist?list=PLG57-I-5IAaqXMjhbQ2507YXdCO_9KlCG (212) 421-0300 Suffolk County, NYC Construction Accident Lawyer Injury Litigation Attorney chw.. https://www.youtube.com/watch?v=G8EVPTqabQM
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wedesignyouny · 5 months
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A Brief Step-by-Step Guide on Filing a Personal Injury Lawsuit in New York
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A Brief Step-by-Step Guide on Filing a Personal Injury Lawsuit in New York
Even though every case is different, all personal injury cases involving car or slip and fall accidents follow a similar pattern. Beginning with the filing and serving of a summons and complaint to initiate legal proceedings, the discovery phase (comprising depositions) follows, and the trial follows.
Settlement is the biggest obstacle in the courtroom during the whole legal process. Insurance companies frequently contact your attorney throughout the road with settlement offers.
Overview of Civil Litigation
An overview of the main elements of a personal injury lawsuit resulting from a car accident is provided below. It is important to note that this outline is not exhaustive, but it does provide a good overview of the stages of litigation and the points at which potential clients may consider settlement.
The following is an outline of the key points in a personal injury lawsuit arising from an automobile accident. Although there are far too many variables to assume that this outline is in any way definitive, it does highlight the stages of litigation and where settlement comes into play for potential clients.
Filing a Summons and Complaint
Service of the Summons and Complaint
Reviewing the Opposing Party’s Answer
Preparation of a Verified Bill of Particulars/Discovery
Examinations Before Trial (EBTs)/Depositions
Prepping for the EBT
EBT Procedures
How to Answer Questions During EBT
Physical Examination Conducted by the Opposing Party’s Doctor
Note of Issue to Place the Case on the Trial Calendar
Pre-Trial Conferences
Trial
An essential component of the pre-trial stage of a personal injury case resulting from a car accident or a slip and fall is discovery. This is the most difficult and drawn-out phase of the litigation. In these “skirmishes,” attorneys evaluate one other’s positions and the relative strengths and weaknesses of their clients’ cases.
The most significant development in a personal injury lawsuit is the deposition. We invest a great deal of time in the preparation we feel is necessary to enable our client to perform to the best of their abilities when describing their story in the deposition.
Conclusion
Litigation involving personal injuries is a drawn-out and frequently expensive procedure. For this reason, it is critical that you work with a lawyer that has the expertise to defend your rights throughout the entire legal procedure. Get in touch with Glynn Mercep Purcell & Morrison LLP’s knowledgeable lawyers right now. See our blog post, “How to Receive Compensation for Your Personal Injury in New York- a Timeline,” for additional information on personal injury lawsuits.
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Glynn Mercep Purcell and Morrison LLP
57 N Country Rd, East Setauket, NY 11733
631.751.5757
631.751.5471
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bestutahattorneys1 · 6 years
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Facebook Posts in Custody Cases
The settings of Facebook can prevent the “public” from seeing anything in the account holder’s “wall,” including photos and changes in status. The only way to observe these is to “friend” the Facebook account holder. Accordingly, if representing a man in a custody matter and he believes that his wife has incriminating evidence on her Facebook wall, the question begs: How does someone become her friend and gain access to that wall? The answer is simple: friend request.
youtube
Although the question and the answer are relatively simple, it is illegal for a lawyer to do this in most circumstances. People become friended when they are selling things; gaining publicity; or with ulterior motives. People impersonate themselves as others all the time on Facebook. Facebook has become known as “Fakebook” in several circles. Nevertheless, the Bar Association Ethics Committee has opined that an attorney may use their real name to send a friend request to the opposing party without disclosing the reason for making such a request. This follows for the attorney’s agent as well. Nevertheless, it is impermissible and improper for the attorney to assume a false identity to gain access to the opponent’s “friend page.” In 2010, the American Bar Association found that fifty-six percent of the attorneys in private practice have a presence in online social networks. Only forty-three percent had such a presence in 2009. It is good practice for anyone involved in a divorce to refrain from commenting whatsoever on their own Facebook account, as they don’t know who is their real friend—or who will become their friend to obtain evidence.
youtube
Lawyers should not make false statements of material facts to gain advantages. The first Facebook cases were not divorce cases at all, but were personal injury cases where the injured plaintiffs posted photographs and shared information about what they were doing or thinking—often portraying themselves in photographs and statements as far less “disabled” or “injured” as they were portraying themselves to be in a personal injury case.
There is a certain “reasonable expectation of privacy” in email but with Facebook, no person would have such reasonable expectation of privacy even if they put their settings on “friends only” and hide information from the general public. No one knows who their real friend is during the time of divorce, and when counseling clients we strictly advise them to withdraw from the public eye and refrain from speaking about their divorce and/or their activities during divorce, as it may damage their case and/or relationship with their children.
youtube
No Fault Divorce in Utah
Utah joined a host of other states that allow couples to obtain a divorce without assigning fault to either party. Recent changes to Utah’s domestic relations law allow spouses to more easily obtain a divorce under the new grounds of irretrievable breakdown. This allows a court to grant a divorce simply on the sworn statement of one spouse that the relationship is broken beyond repair and has been so for at least six months.
Despite this clear statutory language, it took little time for Utah’s trial courts to split on their interpretations of the new provision. Utah supreme courts in Essex and Suffolk counties have adopted the view that the sworn statement of one party that a marriage is irretrievably broken may not be enough to establish grounds for divorce, even under the new no-fault provision. The Supreme Court in Nassau County, however, has found that—so long as other statutory conditions are satisfied—the sworn statement of one spouse is sufficient to obtain a no-fault divorce.
youtube
Basically, when viewed in the context of previously established principles of law, the new no-fault law may not be as simple as it seems. Even though the statute requires only the sworn declaration of one spouse, the capacity of that spouse to make such a statement may be subject to review when conditions such as advanced age, mental incapacity, or undue influence from third parties exist. At least one court has allowed this.
Free Consultation with a Child Custody Lawyer
If you have a question about child custody question or if you need help with custody, please call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Inheritance Law
Separation Agreements in Divorce
Want to Get Out of Debt?
Estate Planning for Single Parents
Utah Foreclosure Process Explained
Retirement Accounts
from Michael Anderson https://www.ascentlawfirm.com/facebook-posts-in-custody-cases/
from Best Utah Attorneys https://bestutahattorneys.wordpress.com/2019/01/12/facebook-posts-in-custody-cases/
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bestutahattorneys3 · 6 years
Text
Facebook Posts in Custody Cases
The settings of Facebook can prevent the “public” from seeing anything in the account holder’s “wall,” including photos and changes in status. The only way to observe these is to “friend” the Facebook account holder. Accordingly, if representing a man in a custody matter and he believes that his wife has incriminating evidence on her Facebook wall, the question begs: How does someone become her friend and gain access to that wall? The answer is simple: friend request.
youtube
Although the question and the answer are relatively simple, it is illegal for a lawyer to do this in most circumstances. People become friended when they are selling things; gaining publicity; or with ulterior motives. People impersonate themselves as others all the time on Facebook. Facebook has become known as “Fakebook” in several circles. Nevertheless, the Bar Association Ethics Committee has opined that an attorney may use their real name to send a friend request to the opposing party without disclosing the reason for making such a request. This follows for the attorney’s agent as well. Nevertheless, it is impermissible and improper for the attorney to assume a false identity to gain access to the opponent’s “friend page.” In 2010, the American Bar Association found that fifty-six percent of the attorneys in private practice have a presence in online social networks. Only forty-three percent had such a presence in 2009. It is good practice for anyone involved in a divorce to refrain from commenting whatsoever on their own Facebook account, as they don’t know who is their real friend—or who will become their friend to obtain evidence.
youtube
Lawyers should not make false statements of material facts to gain advantages. The first Facebook cases were not divorce cases at all, but were personal injury cases where the injured plaintiffs posted photographs and shared information about what they were doing or thinking—often portraying themselves in photographs and statements as far less “disabled” or “injured” as they were portraying themselves to be in a personal injury case.
There is a certain “reasonable expectation of privacy” in email but with Facebook, no person would have such reasonable expectation of privacy even if they put their settings on “friends only” and hide information from the general public. No one knows who their real friend is during the time of divorce, and when counseling clients we strictly advise them to withdraw from the public eye and refrain from speaking about their divorce and/or their activities during divorce, as it may damage their case and/or relationship with their children.
youtube
No Fault Divorce in Utah
Utah joined a host of other states that allow couples to obtain a divorce without assigning fault to either party. Recent changes to Utah’s domestic relations law allow spouses to more easily obtain a divorce under the new grounds of irretrievable breakdown. This allows a court to grant a divorce simply on the sworn statement of one spouse that the relationship is broken beyond repair and has been so for at least six months.
Despite this clear statutory language, it took little time for Utah’s trial courts to split on their interpretations of the new provision. Utah supreme courts in Essex and Suffolk counties have adopted the view that the sworn statement of one party that a marriage is irretrievably broken may not be enough to establish grounds for divorce, even under the new no-fault provision. The Supreme Court in Nassau County, however, has found that—so long as other statutory conditions are satisfied—the sworn statement of one spouse is sufficient to obtain a no-fault divorce.
youtube
Basically, when viewed in the context of previously established principles of law, the new no-fault law may not be as simple as it seems. Even though the statute requires only the sworn declaration of one spouse, the capacity of that spouse to make such a statement may be subject to review when conditions such as advanced age, mental incapacity, or undue influence from third parties exist. At least one court has allowed this.
Free Consultation with a Child Custody Lawyer
If you have a question about child custody question or if you need help with custody, please call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Recent Posts
Inheritance Law
Separation Agreements in Divorce
Want to Get Out of Debt?
Estate Planning for Single Parents
Utah Foreclosure Process Explained
Retirement Accounts
from Michael Anderson https://www.ascentlawfirm.com/facebook-posts-in-custody-cases/ from Best Utah Attorneys https://bestutahattorneys.tumblr.com/post/181946951914
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magicalturtlezombie · 6 years
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Best Divorce Attorney Manassas VA – Manassas VA Divorce Attorney (888) 548-7862
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Best divorce attorney Manassas VA, Contact Us (888) 548-7862
======================================= We offer clients criminal, family, personal injury From Roanoke, Salem, and Vinton, VA, to the counties of Botetourt, Bedford,Lynchburg, Virginia Divorce Lawyers. Claimed Lawyer ProfileSocial Media. Brian R. Cary Powell Moseley. Lynchburg, VA Divorce Attorney with 28 years experience. Atchuthan Sriskandarajah. Gary Mitchell Coates. Richard Cunningham. Bettina Charisse Altizer Esq. Cheryl Watson Smith. Correy Austin Diviney. Myers Law, P.C. offers defense in traffic and criminal law. Located in Blacksburg, VA, we save you time and money while protecting your record. Call us now.
Compare 236 personal injury attorneys serving Woodbridge, Virginia on Justia. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, Because we practice in all levels of Virginia courts, from small claims court to Circuit At MacDowell Law Group, P.C., our personal injury clients benefit from our Criminal Defense Attorney in Richmond Virginia. If you have been arrested or are in the process of being investigated for a crime in Richmond your freedom may injury, general, family and criminal law in Suffolk, Cortland, Emporia, and all of Hampton roads. You put a smile on my face today and I will definitely recommend you as one of the best attorney in the United States. Victor, Hampton, Va.
If you are seeking a devoted Richmond, VA, based lawyer to support you in your case, National Academy of Criminal Defense Attorneys: “Top 10 Under 40” Jeff Downey is an experienced trial attorney located in Washington DC focusing on nursing home abuse, medical malpractice and personal injury cases. …one of the largest verdicts on record against an assisted living facility in Virginia… . as well as the cities of Alexandria, Falls Church, Arlington, Fredericksburg, Dale Nationally recognized DUI / DWI, Criminal & Reckless Driving Lawyer, T. Kevin Esq. has been helping good people just like you all across Virginia who have found .
Although his firm, The Wilson Law Firm, is based in Manassas, DUI / DWI, If you or a family member has been charged with a crime in Virginia, you need Fairfax divorce lawyer and estate planning attorneys at McDevitt Law Office help families with divorce, custody, wills, trust, and probate in Vienna and Fairfax Are you looking for an experienced Manassas, Virginia, lawyer who will fight for your rights in criminal, family, or traffic court? Foster McCollam, PLLC. My diverse thirty plus years of law practice provides me the knowledge and FOR MORE THAN 35 YEARS IN THE ALEXANDRIA VIRGINIA AREA Injury · Bankruptcy/ This is why having an experienced attorney with a diverse practice is in Alexandria, VA and serves clients in and around Fairfax County, Fort Belvoir, Based in Centreville, VA – call (888) 548-7862 today. Choose our workers’ compensation attorney in Centreville, Virginia and the surrounding area.
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wesse1984355 · 6 years
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Best Divorce Attorney Manassas VA – Manassas VA Divorce Attorney (888) 548-7862
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Best divorce attorney Manassas VA, Contact Us (888) 548-7862
======================================= We offer clients criminal, family, personal injury From Roanoke, Salem, and Vinton, VA, to the counties of Botetourt, Bedford,Lynchburg, Virginia Divorce Lawyers. Claimed Lawyer ProfileSocial Media. Brian R. Cary Powell Moseley. Lynchburg, VA Divorce Attorney with 28 years experience. Atchuthan Sriskandarajah. Gary Mitchell Coates. Richard Cunningham. Bettina Charisse Altizer Esq. Cheryl Watson Smith. Correy Austin Diviney. Myers Law, P.C. offers defense in traffic and criminal law. Located in Blacksburg, VA, we save you time and money while protecting your record. Call us now.
Compare 236 personal injury attorneys serving Woodbridge, Virginia on Justia. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, Because we practice in all levels of Virginia courts, from small claims court to Circuit At MacDowell Law Group, P.C., our personal injury clients benefit from our Criminal Defense Attorney in Richmond Virginia. If you have been arrested or are in the process of being investigated for a crime in Richmond your freedom may injury, general, family and criminal law in Suffolk, Cortland, Emporia, and all of Hampton roads. You put a smile on my face today and I will definitely recommend you as one of the best attorney in the United States. Victor, Hampton, Va.
If you are seeking a devoted Richmond, VA, based lawyer to support you in your case, National Academy of Criminal Defense Attorneys: “Top 10 Under 40” Jeff Downey is an experienced trial attorney located in Washington DC focusing on nursing home abuse, medical malpractice and personal injury cases. …one of the largest verdicts on record against an assisted living facility in Virginia… . as well as the cities of Alexandria, Falls Church, Arlington, Fredericksburg, Dale Nationally recognized DUI / DWI, Criminal & Reckless Driving Lawyer, T. Kevin Esq. has been helping good people just like you all across Virginia who have found .
Although his firm, The Wilson Law Firm, is based in Manassas, DUI / DWI, If you or a family member has been charged with a crime in Virginia, you need Fairfax divorce lawyer and estate planning attorneys at McDevitt Law Office help families with divorce, custody, wills, trust, and probate in Vienna and Fairfax Are you looking for an experienced Manassas, Virginia, lawyer who will fight for your rights in criminal, family, or traffic court? Foster McCollam, PLLC. My diverse thirty plus years of law practice provides me the knowledge and FOR MORE THAN 35 YEARS IN THE ALEXANDRIA VIRGINIA AREA Injury · Bankruptcy/ This is why having an experienced attorney with a diverse practice is in Alexandria, VA and serves clients in and around Fairfax County, Fort Belvoir, Based in Centreville, VA – call (888) 548-7862 today. Choose our workers’ compensation attorney in Centreville, Virginia and the surrounding area.
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apers1934460 · 6 years
Text
Best Divorce Attorney Manassas VA – Manassas VA Divorce Attorney (888) 548-7862
youtube
Best divorce attorney Manassas VA, Contact Us (888) 548-7862
======================================= We offer clients criminal, family, personal injury From Roanoke, Salem, and Vinton, VA, to the counties of Botetourt, Bedford,Lynchburg, Virginia Divorce Lawyers. Claimed Lawyer ProfileSocial Media. Brian R. Cary Powell Moseley. Lynchburg, VA Divorce Attorney with 28 years experience. Atchuthan Sriskandarajah. Gary Mitchell Coates. Richard Cunningham. Bettina Charisse Altizer Esq. Cheryl Watson Smith. Correy Austin Diviney. Myers Law, P.C. offers defense in traffic and criminal law. Located in Blacksburg, VA, we save you time and money while protecting your record. Call us now.
Compare 236 personal injury attorneys serving Woodbridge, Virginia on Justia. Comprehensive lawyer profiles including fees, education, jurisdictions, awards, Because we practice in all levels of Virginia courts, from small claims court to Circuit At MacDowell Law Group, P.C., our personal injury clients benefit from our Criminal Defense Attorney in Richmond Virginia. If you have been arrested or are in the process of being investigated for a crime in Richmond your freedom may injury, general, family and criminal law in Suffolk, Cortland, Emporia, and all of Hampton roads. You put a smile on my face today and I will definitely recommend you as one of the best attorney in the United States. Victor, Hampton, Va.
If you are seeking a devoted Richmond, VA, based lawyer to support you in your case, National Academy of Criminal Defense Attorneys: “Top 10 Under 40” Jeff Downey is an experienced trial attorney located in Washington DC focusing on nursing home abuse, medical malpractice and personal injury cases. …one of the largest verdicts on record against an assisted living facility in Virginia… . as well as the cities of Alexandria, Falls Church, Arlington, Fredericksburg, Dale Nationally recognized DUI / DWI, Criminal & Reckless Driving Lawyer, T. Kevin Esq. has been helping good people just like you all across Virginia who have found .
Although his firm, The Wilson Law Firm, is based in Manassas, DUI / DWI, If you or a family member has been charged with a crime in Virginia, you need Fairfax divorce lawyer and estate planning attorneys at McDevitt Law Office help families with divorce, custody, wills, trust, and probate in Vienna and Fairfax Are you looking for an experienced Manassas, Virginia, lawyer who will fight for your rights in criminal, family, or traffic court? Foster McCollam, PLLC. My diverse thirty plus years of law practice provides me the knowledge and FOR MORE THAN 35 YEARS IN THE ALEXANDRIA VIRGINIA AREA Injury · Bankruptcy/ This is why having an experienced attorney with a diverse practice is in Alexandria, VA and serves clients in and around Fairfax County, Fort Belvoir, Based in Centreville, VA – call (888) 548-7862 today. Choose our workers’ compensation attorney in Centreville, Virginia and the surrounding area.
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debtlawyer · 7 years
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What Property Can I Keep When Filing For Bankruptcy?
New Post has been published on http://www.debtlawyer.com/what-property-can-i-keep-when-filing-for-bankruptcy/
What Property Can I Keep When Filing For Bankruptcy?
Many people who are considering bankruptcy wrongfully think that they have to give up all their property, personal and real estate, when they file for bankruptcy. Fortunately, this is generally not the case. The Bankruptcy Code allows debtors to keep certain property (both personal property and real estate) when they file a bankruptcy petition. This property is considered to be “exempt” from the bankruptcy estate, which refers to the property under the control of the bankruptcy trustee. The typical bankruptcy case is a no-asset case, which means that a debtor typically gets to keep all their property.
The goal of our bankruptcy laws is to help debtors get out of debt and get a fresh financial start. For this reason, bankruptcy exemptions cover the “necessities of life,” as noted by the House Judiciary Committee, H.R.Rep. No. 95–595, p. 126 (1977), which are needed by the debtor as part of the debtor’s fresh start. It was the intent of Congress when drafting the bankruptcy code to give debtors the ability to keep assets which would give them a better chance at a successful financial fresh start. Forcing a debtor to give up all their property and possessions, especially their necessities, is counterproductive to bankruptcy’s goal of providing a true fresh start.
When the Bankruptcy Code was drafted, Congress left defining debtor’s exemption rights up to the states, by allowing individual states to set the scope and options for bankruptcy exemptions. Your rights with regard to exempting property in a bankruptcy case, therefore, depends on the state in which you live. In some states, you can utilize either the state exemptions or the federal exemptions, while other states restrict you to one set alone. Here in New York, you may use either the New York state exemptions, or the federal bankruptcy exemptions. The choice of which set of exemptions to pick is best evaluated by a bankruptcy attorney. Remember,“bankruptcy is not the end, it’s a new beginning.”
Examples of Property Generally Protected in Bankruptcy
Property NY State Exemption Federal Exemption Clothing, household goods and appliances, Electronics and cell phones Restricted only by CPLR § 5205(a) Up to $12,625.00 Equity in one car or truck Up to $4,000.00 Up to $3,775.00 Equity in one’s home Up to $165,000.00 in Kings, Queens, New York Bronx, Richmond, Nassau, Suffolk, Rockland, Putnam, and Westchester counties Up to $23,675.00 Most retirement accounts (401(k)s, 403(b)s, profit-sharing and money purchase plans, IRAs, Roth IRAs, SEP and SIMPLE IRAs, and defined benefit plans) Restricted only by CPLR § 5205(c) Restricted only by 11 USC § 522(d)(12) Most life insurance Restricted only by CPLR § 5205(i) Up to $12,625.00 cash value; payments necessary for support are protected Most unpaid wages 90% of wages for the last 60 days of work n/a Tools needed for work Up to $ 3,000.00 Up to $2,375.00 Public benefits, court ordered child support or maintenance payments Restricted only by CPLR § 5205(d) and (l) Restricted only by 11 USC § 522(d)(10) Wildcard (protects any property) n/a Up to $1,250 + $11,850.00 of any unused portion of the homestead exemption
Additionally, retirement accounts are also considered a necessity in our society. There are very powerful exemptions for both retirement accounts and life insurance in the Bankruptcy Code. For example, the drafters of the Bankruptcy Code would much rather people use their retirement accounts for what they are intended rather than become dependent upon public assistance. The lawmakers who drafted the Bankruptcy Code knew that people will have a much easier time getting a fresh start by enabling them to keep the essential items they need, such as clothing, household goods and appliances, a car or truck and the tools needed for work. Be mindful that there are caps as to the total value of the goods protected. The Bankruptcy Code also protects a certain amount of equity in the debtor’s home. This is also known as the homestead exemption.
Some other examples of property protected by the Bankruptcy Code include: a portion of one’s unpaid but earned wages, various public benefits (public assistance, food stamps, social security, worker’s and unemployment compensation). Also protected are a certain amount of the damages awarded for a personal injury claim, as well as, pensions and most retirement accounts, and even some jewelry.
If you have any questions, regarding the different types of bankruptcy exemptions, or the benefits or costs to choosing between state and federal exemptions, please feel free to contact the Law Offices of David I. Pankin, P.C. We can be contacted at 888-529-9600 or by using our easy online contact form. As Long Island bankruptcy lawyer, we have offices conveniently located in New York, Brooklyn and Long Island.
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