New York Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in New York
September 24, 2014 By Keogh Crispi, PC
A recent court decision based on the case Hamilton v. Miller in the New York Court of Appeals is giving more hope to victims in New York lead poisoning cases. Previously, victims had to provide medical reports relating to each alleged injury. The lower court's narrow requirement requiring medical reports be furbished before defense medical examinations take place is no longer honored in lead poisoning cases, although victims must still furnish medical records relating to their injuries.
September 22, 2014 By Gehi & Associates
Most of the foreigners trying to work in the United States. H1B visa is a non immigrant visa, but five immigrant visas allow foreigners to work in the United States and also get many immigration benefits through these EB visas. 1,40,000 visas allocated for every fiscal year. Highly skilled professionals, research professionals, professors and who has extraordinary abilities they can get higher priority
September 15, 2014 By Brune Law Office
The determination of whether an injured worker is an independent contractor or an employee involves a variety of tests and factors. The ultimate decision is critical, as it can determine whether benefits under the New York State Workers' Compensation Law are payable by the employer.
August 31, 2014 By Brune Law Office
An employee injured in New York State will likely have to decide whether to retain a workers' compensation lawyer to assist in the claim. For a myriad of reasons, more often than not it makes sense to secure the services of an experienced attorney.
The U.S. Consumer Product Safety Commission (CPSC) has announced a recall of three models of the Nap Nanny ® infant recliner chair/bed made by Baby Matters, LLC of Berwyn, Pennsylvania. The Nap Nanny is a portable infant recliner designed for sleeping, resting, and playing. It includes a shaped foam based fitted with a fabric cover and three-point harness.
Every parent warns their child about crossing the street and instructs them to always look both ways before moving. But in the age of cell phones, looking both ways may not be enough. Drivers and pedestrians who are using the busy streets of New York City must be extra vigilant because of the growing issue of drivers whose minds are elsewhere when navigating the road.
Traumatic brain injury occurs when a sudden trauma results in brain damage. Unlike brain-related problems dating all the way back to birth, traumatic brain injury is a form of acquired brain injury.
August 10, 2014 By Brune Law Office
The New York State Workers' Compensation Law is, in essence, a form of social insurance. The intent of the compensation statute is clear: protect and compensate employees injured at work.
August 5, 2014 By Keogh Crispi, PC
Confusion often surrounds the question of whether or not a car in a funeral procession can run a red light. Additionally, the probability of a serious car accident occurring involving personal injury increases if you have a long line of cars running through a red light during heavy traffic such as in New York City.
July 17, 2014 By Oliveri & Schwartz, P.C.
Injured victims of crime can use civil lawsuits to seek justice, hold responsible parties accountable, prevent future crimes, and obtain the financial resources victims need to rebuild their lives.
July 15, 2014 By Brune Law Office
There are a variety of injuries and illnesses suffered by workers in New York State. In addition, although it is fairly common to see neck and back injuries in strenuous occupations, even the most sedentary jobs can result in the development of serious orthopedic problems. It is clear, however, that certain jobs present with an increased risk of injury.
July 3, 2014 By Brune Law Office
A very common defense to a work related claim is to contend that the employee did not provide proper notice of the work related accident. Raising lack of proper notice is fairly standard procedure for New York State employers and insurance carriers and can be the subject of considerable litigation.
June 26, 2014 By Collins, McDonald & Gann, PC
More and more people are being thrown in jail for petty reasons.
June 22, 2014 By Brune Law Office
Chiropractic care remains somewhat controversial in New York Workers' Compensation claims. A great majority of injured workers claim great benefit from manipulations, often contending that they are unable to function without treatment. Self-insured employers and insurance carriers view chiropractic care as an unnecessary expense, often claiming that the treatment is excessive.
June 7, 2014 By The Law Office of Mahmoud R. Rabah
A practitioner must always be cognizant of the possibility of a defendant's Grand Jury testimony being used at trial. This article explains how it is that this can happen.
June 7, 2014 By Brune Law Office
In New York State, Section 32 of the Workers' Compensation Law permits an injured worker to settle any and all issues is a claim. In the typical situation, a claimant agrees to waive his or her right to future medical care and indemnity benefits in exchange for a lump sum. An injured worker should take great care before accepting such proposal and should carefully consider the ramifications of waiving future rights.
May 27, 2014 By Brune Law Office
Section 114 (a) of the New York State Workers' Compensation Law governs fraud and carries significant penalties. If an injured worker is found to have committed fraud, he or she runs the risk of a permanent ban on receipt of indemnity benefits and a permanency award. Claimants may be unaware that a failure to disclose a prior similar injury or condition can result in a fraud finding.
May 18, 2014 By Jeanne M. Reardon Law Office
The Home Equity Theft Prevention Act ("HETPA") became effective on February 1, 2007 and now governs certain sales of homes in foreclosure or default. If you are planning to sell a home in foreclosure or default, you should be aware of your rights under the Act, and know what to expect from a legitimate buyer. The Home Equity Theft Prevention Act was passed in response to recent scams which targeted homeowners in financial distress (often elderly or unsophisticated homeowners).
May 13, 2014 By Brune Law Office
The New York State Workers' Compensation Law is designed to protect injured workers. Employers are required to have insurance coverage or risk significant and severe penalties. In addition, one could argue that the law provides an equal benefit to employers by preventing a direct lawsuit by employees. In spite of this, a general perception persists among some injured workers that claims should be avoided for fear of retaliation.
May 7, 2014 By Brune Law Office
Recent studies reveal that a logger is the most dangerous job in America as it has the highest fatality rate. However, it has been my experience as a New York State workers' compensation practitioner that the highest injury rates can be found in the medical profession, a contention which now seems supported by a recent study.
May 2, 2014 By Law Offices of Kenneth Hiller, PLLC
I often hear the same questions over and over again related to specific injuries or aliments and whether or not they qualify a person to receive Social Security Disability benefits. This article deals with the question "Can I Get Disability For PTSD?"
February 21, 2014 By Block O'Toole & Murphy
If you are like most people in New York, car accidents leave you wondering what to do. In addition to obtaining prompt and effective medical care if you have been injured, you will need to deal with your insurance company. Unfortunately, this can turn even a minor fender bender into a major challenge and require you to spend significant time to get the benefits you thought you had paid for with your insurance premiums.
February 21, 2014 By Block O'Toole & Murphy
Did you know that according to the Centers for Disease Control and Prevention, approximately 15 people die per day in the United States in car accidents that involve distracted driving? Moreover, another 1,200 people are injured on a daily basis.
January 27, 2014 By H. Benjamin Perez & Associates, PC
No one is perfect, and even police officers can be caught driving under the influence. Such is the case for a 28 year-old off-duty police officer of the NYPD.
December 7, 2013 By Tolmage, Peskin, Harris, Falick
New York City MTA bus crashes have increased recently due to an influx of new, inexperienced bus drivers. The inexperienced drivers have increased the risk to passengers, pedestrians and motorists.
December 2, 2013 By Law Offices of Simone Bertollini
There are 2 different ways to apply for the E-2 Treaty Investor Visa, below are the pros and cons of each choice.
November 23, 2013 By Law Offices of Simone Bertollini
This article explains whether U.S. law allows dual citizenship with other countries, the difference between dual citizenship at birth and by naturalization, and how U.S. Citizens can claim their right of Italian Citizenship under the jus sanguinis principle.
November 4, 2013 By Rosenberg & Gluck, LLP
Not long ago a Queens construction worker died when he fell through a floor and struck his head on a steel girder. The 42-year-old worker was rushed to the hospital but sadly died shortly afterward from his injuries.
October 22, 2013 By The Law Offices of Scupp & Berman, LLP
A recent study of marriage among those with and without a college education revealed that marriage is often postponed for those in the working class who don’t have a college degree.
Lack Of Complete Diversity Of Citizenship Of Members Of Equine LLCs Requires Dismissal Of Federal Action
October 17, 2013 By Ira A. Finkelstein, P.C.
The issue of diversity of citizenship is of particular interest to equine ownership and contract disputes, because many equine-related entities are organized as limited liability companies (LLCs). The citizenship of LLCs is subject to a different rule than the citizenship of corporations, a distinction that may escape the attention of attorneys.
October 4, 2013 By H. Benjamin Perez & Associates, PC
A 29 year-old woman faces criminal charges connected with impaired driving after she struck a minibus carrying disabled children in the hamlet of Central Islip in Suffolk County this month.
New research indicates that children who were you when their parents divorced may feel insecure about their relationships with their parents later in life.
Information about same sex marriage in New York and the ways in which a family law attorney can assist same sex couples with their legal issues.
You do not have to be "totally disabled" or an invalid! For many claimants, you only have to be disabled from your former type of work. The Social Security Administration will take into consideration your age, education and past work experience in deciding if you are disabled under their rules. Every case is unique.
In the United States alone, between 1.5 and 2 million people sustain some sort of brain injury every year. Around 90% of these occur in accidents, while 10% happen as a result of an assault. The Brain Injury Society recently held an event at Gaylord Hospital to honor those who have been affected by traumatic brain injuries and create greater awareness to the general public.
Rollover accidents comprise only 3% of all vehicle accidents in the U.S. but most of these involve SUVs. There are no strict laws that prohibit the use of these types of vehicles and their inherent features and design do not offer a high level of security to its passengers, and so drivers should be extra careful when driving SUVs.
The CPSC reports that on average, 114 children die from nursery product injuries each year. This article examines the three types of product defects, as well as the victim’s and family’s rights after an accident.
Despite advances in neonatal medicine, hypoxic-ischemic encephalopathy remains a common condition in the U.S., potentially causing cerebral palsy, brain damage or death to the infant.
Children in Harlem and the Lower East Side face a disproportional pedestrian accident rate than children in other areas of Manhattan. Why is there such a large disparity and what is the solution?
The results from the 2011 American Community Survey, published by the U.S. Census Bureau in 2012 showed that the state with the lowest percentage of divorced residents was New Jersey.
The typical divorce process is very expensive and can cost upwards of $15,000. Using the method of divorce mediation instead, couples can save both time and money while ending their marriages.
When a couple divorces in New York State, how the parties’ property will be divided must be agreed upon between the spouses or determined by the court. The process of determining how to fairly divide property between two spouses is referred to as equitable distribution. This does not mean that property is divided 50/50 between each party, but rather, the court considers what each party contributed to the marriage and what each person’s needs are in order to fairly distribute marital property.
Despite the pressure to most truck drivers to deliver in a timely manner over very long distances, the solution to staying awake and free from fatigue may be as simple as a cup of coffee, as reflected in the results from a recent Australian research. Instead of taking harmful prescription drugs that may lead to side effects and even road accidents, it may be better for truck drivers to limit their solutions to regular intake of caffeine.
Some of the most serious injuries resulting from an accident are brain injuries, and the medical expenses that follow could put a strain on your finances as well as your family's. When pursuing compensation for damages, it is recommended that you engage the services of an experienced and skilled personal injury attorney to help you obtain the highest possible amount for your claim.
While recent statistics show a drop in vehicular accident fatalities over the past ten years, the most common cause of road accidents needs to be given some attention. The combination of speeding and aggressive drivers is the main factor involved in motor accidents and state authorities need to implement more effective measures to help prevent these accidents. For now, individuals may turn to their personal injury lawyer in seeking compensation for pain and injury resulting from these accidents.
Imagine getting a letter in the mail informing you that your mortgage payment has been rejected by your bank for insufficient funds. This may be because your bank account has been levied by another creditor whom you owed money.
Women have historically been subjected to legal discrimination based on their gender. With the passage of Title VII of the Civil Rights Act of 1964 (42 U.S.C.A. § 2000e et seq.), women are able to use the law to fight sex discrimination in employment, education, domestic relations.
New York is leading the way on legislation to ensure women aren't treated as second-class workers.
In short, the overall picture looks good. New Yorkers can be confident that their streets are getting safer. However, not everything is wonderful, and the city cannot afford to relax its efforts to improve pedestrian safety.
The growing number of for-profit nursing homes appears to be adding to the problems of waste, fraud and abuse that plague many nursing homes.