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Metro New York area real estate attorney

In March 2021, there were over 1600 instances of felony assault and 34 murders in New York City alone. The New York criminal justice system is responsible for holding perpetrators of violence accountable for their horrific actions. While a criminal conviction may result in punitive consequences including imprisonment, criminal penalties do not directly address the harm suffered by the victim or the victim’s surviving family members. A personal injury lawsuit or wrongful death lawsuit may allow for the recovery of damages as well as accountability through the civil legal system.

Filing a Claim Against the Perpetrator of Violence

Per New York law, a personal injury or wrongful death claim may be filed when:

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Metro New York POA Lawyers

It can be an uncomfortable subject to consider, but life is finite. Eventually, everyone passes away. Often, an individual’s death is preceded by an incapacitating illness or injury. If you ever become incapacitated and unable to speak for yourself, who would you want to speak on your behalf? A power of attorney is an important estate planning instrument that authorizes someone to speak on your behalf regarding medical or financial concerns. Establishing power of attorney is a crucial component of a comprehensive estate plan.  

Power of Attorney for Property and Healthcare

If you are disabled and unable to communicate, you need someone to manage medical and financial decisions for you. A power of attorney assigns decision-making authority to a person called an agent. The agent is someone that you trust to make the same types of decisions that you would make if you were able to do so. A financial power of attorney or general power of attorney assigns financial decision-making authority. The scope of the agent’s financial responsibilities may be broad or limited. The agent is required to make decisions that follow the parameters established by the power of attorney document.

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Metro New York personal injury attorney

You probably already know that personal injury cases are intended to help injured clients recover financial compensation for damages. Medical expenses, lost income from missed work, reduced earning capacity, pain and suffering, and loss of enjoyment of life are all damages for which an injured person may receive compensation. You may be less sure of how the personal injury claim process actually works. What are the steps involved in an injury case? How long do personal injury cases take to resolve? Will I have to go to court? These are all questions that vary from case to case. However, most personal injury cases follow the same basic steps.

Initial Investigation and Sending a Demand Letter

Whether you are interested in filing a personal injury claim after a car accident, assault, construction site accident, or another injury-causing incident, typically, the first step is investigating the cause of the injury. Your personal injury lawyer will ask you questions about the accident or incident. Next, he or she will start to gather evidence like police reports and records of medical treatment that you have received for your injuries.

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Metro New York business law attorney non-disclosure agreement

Non-disclosure agreements (NDAs) are legally enforceable contracts that establish a confidential relationship between two parties. NDAs or confidentiality agreements are a valuable tool for employers in every industry. Business owners may use NDAs to protect important information from being misused by potential investors, employees, consultants, or other parties. If a party violates the terms of a confidentiality agreement, the non-breaching party may be able to take legal action and pursue restitution.

How Can a Non-Disclosure Agreement Protect My Business?

In the course of business, business owners often disclose sensitive information to others. Employees are often privy to confidential information about clients, products and services, trade secrets, business strategies, and more. Through a non-disclosure agreement, you can require employees to keep this information confidential. NDAs are often required as a condition of employment or they may be part of a severance package. A confidentiality agreement may also be part of a settlement agreement. NDAs are often subject to misunderstandings, but these contracts are important legal instruments that have a wide range of uses. However, NDAs must meet certain criteria to be enforceable, so it is important to work with a skilled attorney when drafting non-disclosure agreements.

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Greenwich, CT personal injury attorney truck accident

Large commercial trucks are responsible for hauling most of the freight that is transported across the United States. While any truck accident can lead to severe injuries and death, accidents involving trucks that are transporting hazardous or flammable material are often especially gruesome. If you were injured or a loved one was killed in a hazardous materials truck accident, it is important to know your rights. You may be able to hold the at-fault party accountable and recover financial compensation for your damages through a personal injury lawsuit.

Trucks Carrying Hazardous Materials Must Comply With Strict Safety Standards

The Federal Motor Carrier Safety Administration (FMCSA) categorizes hazardous materials into several different groups. Trucks carrying hazardous material must be labeled with a placard identifying the type of hazardous material being hauled. Hazardous materials fall into the following nine categories:

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Metro New York personal injury attorney car accident

personal injury claim can enable an injured person to recover financial compensation for medical expenses, property damage, lost income, pain and suffering, and other damages. However, in order to receive financial compensation through a personal injury claim, the plaintiff must establish the defendant’s negligence or wrongdoing. Whether an injury results from a vehicle collision, truck crash, construction accident, or another incident, there is usually a multitude of factors that contribute to an injurious accident. The injured person’s own actions may even contribute to his or her injury. In cases of shared liability for an injury-causing accident, is the injured person still entitled to compensation?

Connecticut Law Regarding Shared Liability for a Personal Injury

State laws regarding shared liability for a personal injury or wrongful death vary. A handful of states follow a legal doctrine called “contributory negligence.” In contributory negligence states, an injured person is barred from recovery if he or she contributed to the injury-causing incident in any way.

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Greenwich, CT personal injury attorney car accident

personal injury claim is a civil legal action that an injured individual may take against the party that injured him or her. Many personal injury claims are based on the concept of “negligence” or carelessness. Most car accidents, premises liability, and product liability claims are negligence-based claims. However, a personal injury claim may also be founded upon an intentional tort such as an assault, battery, or homicide.

Civil Claims Based on Intentional Wrongdoing

Most personal injury claims are founded upon an accusation of negligence. In a negligence-based claim, the plaintiff must prove that the defendant’s careless or irresponsible actions caused him or her harm. A personal injury claim may also be founded upon an intentionally harmful act such as:

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Metro New York area real estate attorney

There are few aspects of life that have not been affected by COVID-19. Millions of Americans have lost their jobs, had their work hours cut, or were forced to quit their jobs due to COVID-19 related lockdowns. This has led to widespread financial hardship. To mitigate some of the effects of this financial uncertainty, the federal government has released funds in the form of stimulus checks to individuals and businesses. New York state has also extended the moratorium on tenant evictions. Although recent measures have provided financial relief to renters, many landlords are concerned about the effect anti-eviction laws will have on their own finances.

New York Bans Evictions Amid Continued COVID-19 Concerns

Approximately 330,000 individuals have lost their lives due to the COVID-19 virus as of January 2021. Millions more have felt the effects of the virus financially. In order to avoid struggling Americans from ending up on the streets, many states have issued moratoriums on evictions. This has provided many families with valuable time to get back on their feet financially; however, it has also caused considerable financial difficulties for many property owners and landlords.

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Metro New York area personal injury attorney car accident

Distracted driving continues to be a huge contributor to serious automobile accidents in Connecticut and throughout the United States. We often associate distracted driving with texting while driving. However, distracted driving occurs when any type of distraction takes a motorist’s attention off of driving or his or her hands off of the wheel. If you or a loved one were injured in a car accident caused by a distracted driver, you may be able to recover compensation for your damages through a personal injury claim.

What Is Distracted Driving?

For seasoned drivers, driving a motor vehicle becomes second nature. Most drivers instinctively know how to move their hands and feet to operate a car safely. However, when a driver is distracted, he or she may make crucial mistakes behind the wheel. Distracted driving can involve any of the following activities or behaviors:

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Metro New York personal injury attorney wrongful death

Car accidents involving pedestrians are often fatal. In 2018 alone, over 6,000 individuals lost their lives in pedestrian accidents. Many of these accidents were caused by drivers who were distracted by technology, driving under the influence (DUI) of alcohol or drugs, speeding, or otherwise acted recklessly or negligently. If your loved one passed away after being struck by a vehicle in New York, you may have a valid wrongful death case.

New York Laws Regarding Wrongful Death Claims

You may assume that any tragic death is considered a “wrongful death.” However, New York law specifies the requirements that must be met in order for a successful wrongful death lawsuit to be possible. These requirements include:

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Metro New York area personal injury attorney slip and fall

If you or a loved one were injured on a commercial property in Connecticut, you may have questions about who is legally responsible for the injuries. Premises liability laws govern property owners’ liability for injuries that occur on their properties. Property owners are not expected to prevent every injury, but they are expected to take steps to reduce the chances of people being injured while visiting the property. Property owners may be held accountable for injuries caused by their negligence through a premises liability claim.

Understanding a Property Owner’s Legal Duty of Care

Commercial property owners must meet certain safety standards by law. Owners and occupiers of commercial properties must keep the premises free of hazards and unsafe conditions. If an unsafe condition does exist, they are expected to provide adequate warnings to visitors about the danger. Premises liability laws apply to owners and operators of:

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Metro New York estate planning attorney

COVID-19 has dramatically impacted people’s lives throughout the United States and across the world. From employment concerns, to childcare, to legal matters, almost every facet of our lives has been affected. Finding a way to work around COVID-related restrictions has taken a good deal of ingenuity and flexibility. Many people are being asked to adapt to new ways of handling business and legal matters. Fortunately, Connecticut has made estate planning, real estate, and other legal procedures slightly easier to accomplish by allowing remote notarizations.

Notarizations May Be Conducted Virtually

Having a document notarized ensures that the document is not fraudulent or falsified. Traditionally, having a document notarized involves going to a notary, or an individual with special permission to act as a witness, confirming your identity, and then signing the document in front of him or her. However, stay-at-home orders and social distancing needs have made it difficult to have things notarized in the traditional capacity. Fortunately, Connecticut is allowing documents to be notarized virtually depending on the type of legal matter.

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Metro New York personal injury attorney truck accident

If you or a loved one were hurt in a truck accident, you may be wondering who is liable for the costs incurred by the accident. A serious truck collision can result in overwhelming medical bills and property damage. The injuries may also leave the injured person unable to work. Through a truck accident claim, you may be entitled to financial compensation for your medical expenses, lost income from missed work, reduced earning capacity, vehicle damage, and more. However, before you can file a personal injury claim, you and your attorney will need to determine the liable party to hold them responsible.

Liability for Truck Accidents  

Determining who is liable for a truck accident is often a challenging task. Maintenance records, information from the truck’s event data recorder, physical proof at the accident scene, and other forms of evidence may be used to determine liability. The liable party may be:

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Metro New York Area personal injury attorney

COVID-19 has changed nearly every aspect of our lives – including the way legal proceedings are handled. Courts across the country are requiring personal injury depositions and other proceedings to take place remotely in order to reduce the spread of the virus. Although parties in a remote deposition attend the deposition via audio and video software, the overall structure of the deposition remains the same. Many of the same legal requirements and procedures will still apply. If you have been asked to participate in a virtual deposition or remote deposition, it is important to make sure you are fully prepared for a deposition and understand what to expect.

Technology Concerns During Remote Court Proceedings

The technology used for remote court proceedings in Connecticut may vary slightly from case to case, but most virtual court proceedings will involve the same basic setup. Instead of a physical room, your deposition will take place in a virtual environment. Some participants may be in a conference room or courtroom while others are in their homes. To participate in the virtual deposition, you will likely need a computer, laptop, tablet, or smartphone with a camera and microphone. The court will send you an email explaining how to set up the video conferencing software or app used for the virtual deposition. You will also receive an email with a secure hyperlink and password for the virtual environment. Make sure the batteries in your device are charged, your Internet connection is stable, and that your microphone and camera are working correctly before the deposition begins.

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Metro New York personal injury attorney TBI

Traumatic brain injuries (TBI) occur when a person receives a sudden and violent blow to the head or when an object pierces the skull and damages brain tissue. TBIs can result from car crashes, slip and fall accidents, assaults, and other incidents. Severe TBIs can cause long-term, debilitating symptoms. Victims of TBI are often burdened by overwhelming medical expenses and left unable to work. If you or a loved one has suffered a TBI, a personal injury claim may help you recover compensation for your damages if another party’s negligent actions led to your accident.

Symptoms of a Traumatic Brain Injury

The brain is responsible for a wide range of crucial body functions, including sensory information processing, memory, thought, muscle movement, and the regulation of breathing and blood pressure. When the brain is damaged, the results can be catastrophic. TBI sufferers may experience headaches, dizziness, blurred vision, confusion, inability to concentrate, memory problems, changes in mood, and more. In severe TBI cases, the sufferer may experience these symptoms as well as vomiting, seizures, slurred speech, numbness, inability to awaken from sleep, loss of coordination, and cognitive impairment. A concussion is a common form of TBI that can vary significantly in severity. Some people suffer a concussion and do not even realize it. Others, especially those who develop post-concussion syndrome, may experience incapacitating symptoms for weeks or months after the injury-causing incident.  

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Greenwich, CT will, trust, and probate attorney

You may be surprised to learn that about 6 out of 10 U.S. adults do not have a will. There are a multitude of benefits associated with creating a last will and testament, but many Americans procrastinate creating a will, trust, or other estate planning documents until it is too late. Understandably, it can be uncomfortable to consider what will happen to your assets when you pass away. However, dying without an estate plan, called dying intestate, places a huge burden on your loved ones and takes away the ability to make your own decisions about how your property is passed down to heirs. If you are ready to start creating an estate plan, you may wonder, “What is the difference between a will and a trust?” Both of these estate planning tools carry certain advantages and disadvantages, so it is important to make an informed decision about the type of estate planning documents you use.

Last Will and Testament

When most people think of estate planning, they usually think of the term "last will and testament." Creating a will allows you to decide how your assets are distributed to heirs and eliminates the responsibility put on family members. A will also allows you to assign guardianship of minor children if something should happen to you and your children’s other parent. Without a will or other estate planning document, your property will be allocated according to state law. A last will and testament takes effect when the testator, or person who created the will, passes away. Unlike trusts, property passing under the terms of a will requires probate. Probate is the legal process during which:

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In today’s world, nearly every adult has some form of social media,whether it be Facebook, Twitter, Instagram, etc. Social media has proven to provide a wide array of exciting possibilities and opportunities, particularly for those who enjoy sharing their thoughts, emotions, and lives online. However, many people do not realize the power of social media and how damaging it can be, especially in terms of the law. You may have experienced the regret of posting something you wish you hadn’t, only to go back and delete it later. While this may have little to no consequences in your personal life, this all changes following an accident or injury at the hands of another.

When someone is injured due to the negligence or misconduct of another,social media can in advertently return to hurt them later. Sometimes, victims of injury may post a photo of their damaged vehicle or update their friends about the experience they have just endured. Though this may seem like innocent behavior for someone who is not at fault for the incident, the truth can quickly be manipulated to alleviate the guilty party of any responsibility. In fact, it is a common practice for insurance companies to use social media as evidence to devalue an otherwise credible claim.

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Following a traumatic and unexpected accident that leaves you injured,you are likely counting down the days to get back on your feet as soon as possible. While a swift insurance payment may be appealing in your moment of need, immediately resolving your claim and agreeing to a payout too quickly is one of the most mistakes you can make. Knowing the perfect time to settle your claim is a sensitive matter, one that requires the expertise and skill of a legal team you can trust.

Before you decide to accept the insurance company’s offer, make sure you have thoroughly considered the following:

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If you’ve ever watched a motorcycle zoom by as you’re sitting in heavy traffic, you’ve already witnessed the practice of lane splitting first-hand. By driving in-between crowded lanes, motorcyclists often hopeto avoid long traffic wait times. Of course, this practice is currentlyillegal in the state of New York, and a growing body of evidence shows that lane splitting is also dangerous.


Were you injured as a result of lane splitting? Contact Ivey, Barnum & O’Mara, LLC to seek justice for your injuries!

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According to the Governor’s Highway Safety Association (GHSA) there were at least 6,000 pedestrian fatalities in 2017, all of which were directly caused by motor vehicle drivers. Add in pedestrian deaths caused by other road hazards, and the total rises to nearly 7,500.As the GHSA notes, these staggering numbers aren’t just a tragic testament to the individual lives lost: They also represent an alarming25-year high in pedestrian fatalities across the country.

With increased distractions from smartphones, higher rates of marijuana and alcohol intoxication, and additional threats posed by electric micro-vehicles like Bird and Lime scooters, pedestrians face more dangers on the road than ever before. At Ivey, Barnum & O'Mara, LLC, our accident lawyers can help you seek compensation if you were severely injured asa pedestrian, or if your loved one was wrongfully killed due to the actions of a negligent driver.

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