Posted on March 15, 2022 in Personal Injury

The unexpected loss of a loved one can have catastrophic financial effects on a family. When that loss is the result of the negligent or reckless act of another person, the victim’s family can file a wrongful death claim to pursue financial compensation for their emotional and financial losses. In general, the survivors that are allowed to file a wrongful death claim are the victim’s spouse and children, parents, siblings, or the representative of the victim’s estate.

Wrongful Death Claims

There are multiple types of incidents or accidents which could cause the death of a victim and result in the family filing a wrongful death claim against the party or parties whose actions or behavior caused the accident that killed the victim. Some of the more common types of accident include:

• Motor vehicle accidents
• Medical error or malpractice

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 Posted on February 23, 2022 in Business Law

Contracts are an essential part of conducting business. In fact, every business, from a small sole proprietorship to a large Fortune 500 company that operates nationwide, enters into contracts whenever a customer buys goods or services. Business contracts can cover nearly every aspect of business and can include employment contracts, nondisclosure agreements (NDAs), buy-sell agreements, and purchase orders, just to name a few.

Contracts are legally binding agreements that establish certain rights and responsibilities for and upon the parties to the agreement. They often contain dense legal language that can be difficult for a person without legal training to comprehend. For this reason, it is important for anyone engaging in any type of business to have their contracts reviewed by an experienced business lawyer.

Language Clarification

One of the most common causes of significant and costly contract disputes are ambiguous terms. It may come as a surprise to people who are not attorneys, but commonly used words that one would assume are not subject to interpretation can become the focus of protracted litigation that could cost thousands of dollars in legal fees. By having a skilled lawyer review a contract prior to signing it and clarifying any ambiguous terms, business owners can avoid these kinds of issues before they arise.

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 Posted on February 03, 2022 in Car Accidents

By law, when a crash or collision occurs involving a motor vehicle, all drivers are required to pull over immediately at the crash site, notify law enforcement, and exchange information with other drivers. Unfortunately, there are some drivers who flee the scene. If you have been injured in a hit and run accident, you may think that there will be no way to pursue damages for losses you have, however, there are steps you can take to help hold the driver accountable. 

Hit and Run Accidents

According to the national statistics, there are almost 750,000 hit and run accidents that occur every year in the United States. This averages out to a hit and run accident every 43 seconds, and the number keeps increasing each year. These accidents are responsible for the deaths of over 2,000 victims, as well as leaving thousands of more victims injured.

These accidents also cause serious property damages and injuries for thousands of other motorists, whether in parking lots and on residential streets, or on state roads and highways. Traffic safety experts speculate that illegal activity on the part of the at fault driver may be part of the reason why they leave the scene. This includes:

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 Posted on January 28, 2022 in Estate Planning

A key part of the estate planning process involves making decisions about a person’s end-of-life care. This can be especially important for people who are elderly, although addressing medical decisions may be beneficial at any age. Advance medical directives will allow a person to decide what types of medical care they do or do not want to receive in different situations, and they can ensure that their wishes will be followed if they encounter health issues that make it impossible to make their preferences known. Residents of New York will need to understand how the state’s laws address these issues, and they can take steps to prepare for the future and avoid uncertainty for themselves and their loved ones.

Advanced Directives in New York

A person can address their medical care by naming a person who can make medical decisions on their behalf and creating documents that detail their decisions about treatment. A Health Care Proxy will allow a person to appoint a Health Care Agent who will be authorized to make decisions for them if they cannot make decisions on their own. These decisions may include whether life-sustaining treatment such as nutrition or hydration will be provided and whether the person should be resuscitated if their heart stops beating. A Health Care Proxy can detail a person’s wishes in these matters, but if these wishes are not specified, the agent may make decisions based on what they believe would be in the person’s best interests.

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 Posted on January 17, 2022 in Car Accidents

A motor vehicle collision can injure drivers and passengers in a variety of ways. Whether a person is involved in a relatively minor impact or a high-speed collision, their body will be subject to strong physical forces that can result in significant harm. Whiplash is one of the most common injuries that car accident victims can suffer. By understanding the ways that these injuries may affect them in both the short term and long term, victims can make sure they will be able to receive compensation that fully addresses their damages.

Effects of Whiplash Injuries

Whiplash occurs when a person’s head is suddenly forced backward, forward, or to the side. This may occur in a rear-end collision, and a sudden impact from behind may cause a person’s head to snap backward, and it may then snap forward after bouncing off their seat’s headrest. A T-bone or side-impact collision may cause a person’s head to snap sideways. This sudden motion can place a great deal of pressure on the vertebrae in the neck, potentially resulting in spinal cord injuries. The soft tissues in the neck and shoulders may also be damaged, and a person may experience pinched nerves affecting the neck, shoulders, arms, and upper body.

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 Posted on December 28, 2021 in Real Estate

A residential real estate transaction can be complicated. Both buyers and sellers will need to meet certain requirements, and they may need to address a variety of legal issues that may affect their ability to complete the sale. Contingencies included in a purchase agreement can play an important role in a transaction, and the parties will need to understand what types of contingencies may apply in their case and the role that they may play during the home closing process.

Types of Contingencies

After a seller accepts a buyer’s offer on a home, the parties will sign a purchase contract that will include important details about the transaction. These contracts will usually include contingencies, or terms allowing either party to back out of the transaction if certain conditions are not met. These contingencies may address issues such as:

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 Posted on December 08, 2021 in Personal Injury

During the winter, people may be at risk of injury due to weather conditions. Following a snowstorm or cold snap, sidewalks and other outdoor walking surfaces can become very slippery, greatly increasing the chances that people will suffer injuries in slip and fall accidents. When these types of accidents occur, a person who was injured will want to understand their options for receiving compensation, including determining whether they can pursue a premises liability claim or lawsuit against a property owner who failed to ensure that walking surfaces were safe to use.

Pursuing Compensation for Slip and Fall Accidents

Because property owners are required to make sure their premises are safe for visitors who are allowed to enter the property, they may be liable for injuries that took place because they did not properly address hazards. A property owner may be considered negligent if they did not take measures to remove snow and ice from walking surfaces, including sidewalks, parking lots, or other areas where visitors may be expected to walk.

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 Posted on November 19, 2021 in Business Law

Business owners and partners must make many decisions about how they will operate their business, address concerns that may arise, and plan for future growth. One of the most important decisions involves the way a business will be structured. During the business formation process, an owner will select a business entity and take steps to formally establish a company under a certain structure. By understanding the options for structuring a business, owners and partners can make sure they will be positioned for success.

Choosing the Right Business Entity

Business owners have multiple options for structuring their companies, including:

• Sole proprietorships - The simplest type of business structure involves a person using their personal assets to conduct business activities. In these cases, there is no separation between the business owner’s personal assets and the assets owned by the business. While this may allow for less complicated and more streamlined business operations, it will not provide an owner with protection from liability, and they will be personally responsible for paying any business debts and meeting other obligations.

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 Posted on November 12, 2021 in Car Accidents

People face multiple types of risks in their daily lives. Since most people spend a significant amount of time driving or riding in motor vehicles, they are aware of the ever-present danger of car accidents. Unfortunately, even if a person takes great care to follow traffic laws and drive as safely as possible, they may still be involved in accidents caused by others who fail to use the proper level of care. Distracted driving is one of the most common forms of driver negligence that can lead to dangerous collisions and serious injuries that affect drivers, passengers, motorcyclists, bicyclists, or pedestrians.

Forms of Distracted Driving That Can Lead to Car Accidents

For those who drive every day, it can be easy to forget that they are in control of a deadly weapon. Passenger vehicles weigh thousands of pounds, and an impact from a car or truck will involve significant force, even at low speeds. The risks of injury are even greater when a vehicle is traveling at higher speeds. Because of this, drivers need to be sure they are acting as safely as possible since what may seem like a small mistake can have deadly results.

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 Posted on October 28, 2021 in Estate Planning

While dealing with the death of a family member may involve difficult emotions, legal and financial issues can also play a role in these situations. During the probate process, the person named as the executor in a deceased person’s will is required to file the will in court and oversee the process of distributing their assets to their heirs, while also handling other issues related to their final affairs. Our attorneys provide legal help with probate matters in Connecticut and New York, and we are prepared to help an executor or a person appointed as the personal representative of an estate complete this process successfully.

Understanding the Probate Process

When creating a will, a person will name someone as the executor of their estate. This is usually a family member or close friend who the person trusts to make sure their wishes are followed correctly. After the person’s death, the executor will begin the probate process. In Connecticut, this process must be followed if the deceased person had assets totaling $40,000 or more or owned real estate property, and a case will be handled in the Probate Court in the district where they resided. In New York, probate will be necessary if the deceased person owned assets worth at least $50,000, and a case will be handled in the Surrogate’s Court in the county where the person lived.

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