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Shark attack injuries in New York? It’s happened before?

shark fin

When you think about shark attack locations, the waters off the coast of New York don’t come immediately to mind. According to the International Shark Attack File retained by the Florida Museum of Natural History, the states with the highest number of attacks are Florida, Hawaii, California, Texas and the Carolinas. This doesn’t mean that…

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What is a reaffirmation agreement?

Bankruptcy Reaffirmation agreement closeup

When you file for Chapter 7 bankruptcy in New York, the goal is to seek relief from all of your debts. There are times, however, when you may want to remain responsible for a particular obligation. This possibility happens when the debt is secured by a significant asset that the creditor could seize if you…

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Compensatory vs. punitive damages

car crash at night

The spring weather has been so beautiful lately that you decided to go for a jog in Central Park. Unfortunately, when you crossed the street to catch the bus, a distracted driver struck you, resulting causing you to break your arm and dislocate your knee. Rather than stop and see if you were hurt, the…

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What do you earn? Self-employment and divorce

self-employed man concept

When a couple divorces or separates, the court looks at their respective incomes to decide how much child support to award or whether spousal support is called for. When both spouses are employees, calculating income is a relatively simple matter of checking W-2s. When one or both parties are self-employed, things get complicated. Statistics show…

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What is an independent medical examination?

medical exam

If you are injured in a car accident and file a claim, whichever insurance company (the other driver’s or yours if you file a no-fault claim) will be covering your medical costs may ask you to undergo an independent medical examination or IME for short. Although you were likely seen by emergency room physicians and…

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Approaching lenders after bankruptcy

credit card offer

Even if they are being called daily by creditors and facing collection lawsuits, many New Yorkers shy away from declaring bankruptcy because they believe doing so will prevent them from ever getting credit again. This is untrue: once the crippling debt load is discharged, you can build your way to a stellar credit score. You…

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What should you do if an insurer asks for a recorded statement?

voice recorder

Three days ago you were leaving the parking lot of the Bay Plaza Shopping Center when another driver who had one hand on the wheel and the other on their phone hit you from behind, causing you to suffer whiplash and a dislocated shoulder. Your doctor has informed you that until your shoulder heals, you…

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Facilitating child custody exchanges

hands

Your New York divorce is over and matters of child custody and parenting time are in place. Now you and your former spouse must prepare to function as co-parents. This includes arranging custody exchanges that work for both of you as well as your children. Custody exchanges can go smoothly, or they can be emotional…

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New York’s first automobile fatality

car

On May 3rd, 85-year-old Olimpia Davidovici was struck at West End Avenue and 70th Street by a Jeep traveling north on West End Avenue. She was rushed to the closest hospital, where she died. People living in the area complained that the area was always dangerous for pedestrians, with cars turning south onto West End…

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Filing for bankruptcy a second time? Here’s what you can expect

credit card scissors

Chapter 7 bankruptcy has helped thousands of New York consumers eliminate crushing levels of debt and reclaim their lives. While most of them realize greater financial solvency after discharge, some people eventually experience debt overload yet again, forcing them to consider filing for bankruptcy protection a second time. Federal law places no restrictions on how…

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Top 3 misconceptions about personal injury attorneys

smiling man with money

A lot of New Yorkers will consult a personal injury attorney at some point in their lives. Every day people throughout the state slip and fall in public places, are bitten by dogs, or injured in a car accident. Although this branch of the law is so widespread and has the potential to touch nearly…

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Can a “sleep divorce” improve your marriage?

beds

Those of us who watched I Love Lucy (or the reruns, anyway) will remember the separate beds in Lucy and Ricky’s bedroom. While this concept will seem prudish and outdated to most couples today, for others it is an arrangement that could help a difficult marriage. A National Sleep Foundation survey carried out in 2015…

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Soft tissue injuries in New York

soft tissue hand

Many types of accidents can result in soft tissue injuries. They include but are not limited to motor vehicle accidents, slips and falls, and pedestrian collisions. These injuries, which affect your ligaments, tendons, and muscles, can be extremely painful and limit your ability to work, especially if you are employed in a field that requires…

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Mistakes to avoid when filing Chapter 7 bankruptcy in New York

COMMON MISTAKES text

When you are filing for Chapter 7 bankruptcy, certain mistakes and oversights can cause your petition to be denied. To help you avoid situations that can prevent you from getting the fresh start you need, five of the most common mistakes are outlined below. Filing at the wrong time. If you have filed for bankruptcy…

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Minors and personal injury settlements

child and nurse

If you are injured in a car accident in New York, then you have the standing to file a lawsuit against the at-fault party or settle with their insurer. A child under the age of 18 is not in the same legal position. They rely on a parent or guardian to protect their rights and…

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When should children testify in family law proceedings?

gavel and figurines

When custody disputes occur, New York judges attempt to resolve the matter without putting the child in the position of having to choose between their parents. In some cases, however, input from the child may be necessary to give the court the information it needs to make the best decision, so a “Lincoln hearing” will…

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Injured by a defective air conditioner?

air conditioner

New York City can be hot in the summertime, but not everyone has central air. If you’re on a budget or your home doesn’t support a central air conditioning system, then you will probably be investing in a window air conditioning unit before the dog days of summer start. When you bring a window air…

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Filing Chapter 7? Avoid these means test mistakes

chapter 7 bankruptcy form

Chapter 7 is the most commonly filed form of bankruptcy. There are two main reasons for its popularity: it is over quickly, with most cases being discharged in three to five months, and it wipes away unsecured debt. The primary drawback is that the trustee can seize any debtor property not protected by an exemption…

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When dirt is dangerous: Toxic mold injuries in New York

mold

Many New Yorkers go apartment-hunting in the spring. It’s also a time when people move into the city from out of state for work reasons, so they arrive ahead of their families to find suitable housing. In either case, they should watch for symptoms of unreported mold contamination. In 2016, a group called the Red…

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Father’s Day tips for divorced dads

father son

Father’s Day is a vibrant celebration of the relationship between dads and their children. Although the reason why Father’s Day is so special does not change after divorce, the way you celebrate the day may be different than the years before. That’s not necessarily a bad thing- you all have an opportunity to share and…

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Fidget spinners: toy or hazard?

fidget spinner and boy

Fidget spinners—those twirling gadgets that mesmerize us as we watch—were originally designed and marketed as a calming treatment for children with ADHD and autism, but they soon went mainstream and have been so popular 200,000 Instagram users have used the #spinner hashtag and videos featuring spinner tricks have earned millions of page views. Some schools…

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Filing for bankruptcy when you live overseas

overseas

You’ve been living in Germany for nearly a year, but have a mountain of debt back home. You also have important property and assets that creditors are threatening to seize if you don’t start paying down the arrears. Even though you live overseas, these creditors can still seek judgments against you and place liens on…

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Calculating lost wages if you’re self-employed

accounting expenses and wages

You were walking through Central Park, enjoying the early spring sunshine when suddenly a cyclist who was paying more attention to the music in their headphones than the path in front of them crashes into you. When you fall, you fracture your right wrist and sprain the other, which prevents you from working at your…

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Who owes MasterCard? Debts in a New York divorce

credit card

When you and your spouse decide to divorce, you expect that all marital assets will be divided according to New York’s equitable distribution system. But what about the MasterCard bill you ran up together? The line of credit you took out a few years ago that is now at its limit? The student loan you…

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Divorcing a deported spouse

map

You married your foreign-born spouse in good faith after the government initiated deportation hearings against him, but two weeks after the marriage, he was deported anyway. For a while you both remained in touch, and you even hired an attorney to help him come back to the U.S. Then he disappeared. No phone calls, no…

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Why debt settlement companies are not the answer

man cuts debt word

How many times have you turned on your TV or radio and heard an ad proclaiming how a particular debt settlement company can negotiate with your lenders to lower your interest rate and reduce your monthly payments. Does it sound too good to be true? Chances are that it is. How debt settlement companies work…

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Staying safe during the Memorial Day weekend

amusement park rides

Memorial Day is drawing ever closer, and while most New Yorkers are looking forward to taking a day off from work and spending an enjoyable time with friends and family, the reality is that the holiday weekend is one of the most dangerous times of the year for accidents. DWI accidents are common The U.S.…

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The most common spring personal injuries

bicyclist and car on street

When the weather grows warmer, people spend more time outside. While the fresh spring breezes are both healthy and uplifting, melting snow and ice create damp and slippery conditions that turn indoor and outdoor surfaces into hazards. Increased car and bicycle traffic and the presence of more dog owners walking their pets also contribute to…

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How to earn extra money as a divorced stay-at-home parent

woman on computer with baby

If you’re like many people, then you had to make a lot of financial changes after divorce. If you didn’t know how to budget before, then you learned quite quickly. Things are especially complicated if you’re a stay-at-home parent. Although you are definitely working full-time, being a parent doesn’t come with the paycheck it deserves.…

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Injured abroad during spring break vacation?

ankle sprained examining

Injuries don’t always happen close to home. They can also occur when we’re traveling for work or pleasure. There’s something about being injured abroad that is especially unsettling. We’re miles from home and possibly dealing with different standards of medical care and even laws that apply to your accident. If you’re planning to go abroad…

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Road rage—An ongoing concern in New York

road rage angry driver

Last November, a van and an automobile had a minor collision at the intersection of Third Avenue and 67th Street in Bay Ridge. The van driver and a 65-year-old man who was a passenger in the car both exited their vehicles and started an argument that ended in the van driver getting back behind the…

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YouTube: Your best friend after divorce

film reel informational

Before divorce, your spouse may have been the one who balanced the household budget, trimmed the hedges, and fixed the occasional leaky faucet. Now that you’re single again, well-meaning friends are probably sending you the contact information for their favorite accountant, landscaper, or handy person. If you’re like most people after divorce, you’ve prepared a…

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E-bike injuries in New York

bike bicycle

The e-bike phenomenon has been strong in Asia and Europe for a long time, and it’s now catching on here in the United States. Electric bikes, or e-bikes for short, are regular bicycles with built-in electrical systems that consist of a motor, battery, and a means of controlling the resulting power. New Yorkers have a…

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How is a personal injury claim evaluated in New York?

computer program

Being injured in a motor vehicle accident is a traumatic experience. You’re likely in pain and stressed out over how you are going to pay your growing medical costs. For many people seeking compensation, they’re additionally upset to discover that a computer is being used to evaluate their claim and decide how much compensation they…

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Is your New York divorce recognized in all states?

country

People today move around a lot more than they used to. If you’re in the U.S. military, then this is especially true. If you were divorced in New York and move to another state for work or personal reasons, will the divorce be recognized there, allowing you to remarry if you meet someone else? Yes,…

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Suing a dentist for malpractice in New York

dental malpractice teeth

In October 2017, a Maine jury awarded Stephen Darnell Jr. close to $300,000 in damages in a clear case of dental malpractice. In 2011 Mr. Darnell’s mouth became infected after Dr. Jan Kippax removed two of his molars, forcing doctors to operate on his jaw and implant drains to remove accumulated pus. His attorneys claimed…

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How does infidelity affect a New York divorce?

infidelity and divorce

You’ve discovered that your spouse has been having an affair for months and feel confused, angry, and betrayed. After a while, you decide that the marriage is irretrievably broken and want a divorce. How will your spouse’s adulterous behavior affect the divorce process? Before 1967, adultery was a major factor in a New York divorce…

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How are windfalls treated in a New York bankruptcy?

money in a bankruptcy case

It almost sounds like a plot from a movie. You file for bankruptcy to deal with your financial struggles. Then, seemingly from nowhere, you become rich. You’ve won the biggest jackpot in history or a wealthy relative who didn’t seem inclined to help you financially in life dies and leaves you a fortune. This sudden…

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New York’s comparative negligence rule explained

rear end collision

When you’re seeking compensation for car accident injuries, you’re going to hear the term “comparative negligence” used a lot. If settlement negotiations fail and your case proceeds to court, the judge hearing your case will have to determine which party is at fault or, if both share the blame, the extent to which each person…

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Payday loans in a New York bankruptcy

payday loans

Many people who have trouble meeting their financial obligations each month turn to payday lenders, especially if credit issues prevent them from obtaining a regular loan from a bank. These companies loan you a certain amount with a high amount of interest, all of which must be repaid in full when your next pay period…

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Product liability claims in New York

blown out defective tire

We rely on certain goods and products to get us through life. Examples include food, medicine, household appliances, cars, and personal computers. Unfortunately, these are all items that injure and even kill thousands of people in the U.S. every year. When this happens, the manufacturers and producers must be held liable for the damages. When…

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In and out parenting? An overview of bird’s nest custody

custody arrangement birds

At first glance, it seems like an unusual custody arrangement. Every two weeks, Sandra packs a small suitcase, kisses her young son and daughter goodbye, and moves out of her Bronx home for three days while her former husband, Joe, moves in. After those three days are up, Joe drives home to Queens and Sandra…

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New York State police drone program kicks off

drone

On January 10 New York State launched its inaugural aerial drone program. The stated goal of the new initiative is to help state police facilitate traffic safety, respond to emergencies such as forest fires and multi-vehicle crashes, and complete key law enforcement functions. Four State Police drones are presently in action, covering eight counties in…

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It’s funny until someone gets hurt: YouTube pranks and personal injury

tablet computer

Reality TV shows oriented around pranks have been entertaining us since the early days of Candid Camera. Today, YouTube is full of channels belonging to individuals who startle, frighten, or embarrass people to attract subscribers and increase their video view count. Many of these pranks are harmless, but occasionally they go too far, and victims…

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How will Chapter 7 bankruptcy affect a general partnership?

bankruptcy word cloud "financial independence"

When two or more people agree to go into business together and do not establish themselves as a corporation, limited liability partnership (LLP), the result is a general partnership. Each partner is personally responsible for all debt arising from the partnership, meaning that if the new enterprise defaults on any of its obligations, creditors can…

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Why you should always have uninsured motorist coverage

car crash scene

According to the Insurance Research Council, an estimated 6.1% of all New York drivers are uninsured. That doesn’t sound like a considerable amount compared to states like Florida and Mississippi, where the rate is 26.7% and 23.7% respectively. However, if you or someone you love is injured in a crash with one of these drivers…

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How will divorce affect a mortgage modification in New York?

mortgage modification application

You are in the midst of a divorce when you receive an ominous notice from your mortgage lender. Due to financial difficulties, you and your spouse have had a hard time keeping up the monthly payments. Now you have a possible foreclosure to deal with in addition to the end of your marriage. If you…

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The “attractive nuisance” doctrine explained

construction site danger

The attractive nuisance doctrine was originally conceived to protect children who may trespass without fully understanding the risks. “Attractive” typically means that children may see the property or object as something to play in or around, such as: Construction sites, with their unfinished buildings, open pits, and trenches. Swimming pools High-voltage lines and towers Abandoned…

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How will Chapter 7 bankruptcy affect your sole proprietorship

past due debt and credit cards

When you start your own business, you’re excited about the future possibilities. Ideally, it will be a success that allows you to support your family and even your future generations. Unfortunately, not every small business meets with success. Debt such as commercial leases, supplier contracts, and business loans can exceed income until bankruptcy is the…

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Technology that reduces distracted driving

Driving with phone

We know we shouldn’t text and drive, but what we know and what we do are frequently at odds. According to the Centers for Disease Control and Prevention, approximately nine people are killed, and over a thousand are injured in car accidents involving distracted drivers every day. Strict laws have been passed in New York…

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Protect your holiday gifts during divorce

gift asset with tag

You may have received many valuable gifts from friends and family during the recent holidays. Each one either came with a tag bearing your name or was handed to you directly by the giver. This means that it was meant exclusively for you, but if your marriage ever ends, it’s possible that the gift could…

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When a romantic getaway goes wrong: hotel injuries in New York

hotel

Valentine’s Day was only a week ago, so you may have just returned from a romantic getaway for you and your significant other at one of New York’s most lavish hotels. It looked amazing on its website, with luxurious rooms, great dining options, an elegant pool, and more. You naturally assumed that the managers of…

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How will Chapter 7 affect a New York LLC?

pie chart of assets

If you own a New York LLC, you are likely wondering how it will be affected by a Chapter 7 filing. If you are a single-member LLC, will you have to shut the business down? What about the other members if you are part of a multi-member LLC? Like corporations, LLCs are separate legal entities…

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Dash cam evidence in a car accident case

dash cam

Dash cams are becoming more common in motor vehicles throughout the country. Some motorists treat them as a hobby item, hoping to record something worthy of sharing on YouTube later (a practice of questionable legality), while others see them as an investment in their future safety, meaning that the footage will support their side of…

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How to protect yourself during a toxic divorce

woman stressed with finances bills

Under ideal circumstances, you and your spouse will accept that you’re better off apart than together and be willing to work with one another to make the split as painless as possible. Unfortunately, we live in an imperfect world and you may be married to someone who is aggressive, controlling, and even an outright narcissist.…

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Injured due to stress?

ptsd employee

Once upon a time, Post-Traumatic Stress Disorder (PTSD) was regarded as a military ailment suffered by shell-shocked veterans. Since 9/11, the courts have recognized that severe and debilitating stress can be experienced by an employee during the course of their work, making them eligible for workers’ compensation. PTSD symptoms In most cases, PTSD symptoms manifest…

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How will Chapter 7 bankruptcy affect a New York corporation

business finances

Many New Yorkers who start their own businesses, alone or with someone else, choose to incorporate. Their personal assets are differentiated from the company’s, offering greater protection, banks are more receptive to lending money to incorporated businesses, and having “Inc.” or “Corp” after the company name enhances credibility and opens up more opportunities. When an…

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Three things auto insurers may do to limit your compensation

squeeze money

While auto insurance companies are not “bad guys” out to deliberately deprive you of the money you need to recover from a car accident, they are like other businesses in that they are motivated mainly by profit. This aim can, unfortunately, manifest itself by paying out as little as possible when you make a claim.…

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Your New York Chapter 13 case has been dismissed. Should you refile?

thinking man, best option

When your creditors are closing in and you’re facing loss of your home, vehicle, and even a percentage of your wages, Chapter 13 bankruptcy allows you to get everything under control without losing assets in the process. Unlike Chapter 7, which may require you to surrender property in exchange for a total discharge of all…

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Does your music playlist affect your driving?

car radio driving

Playing our favorite music while we drive improves our mood and creates a sense of contentment. It’s a fact supported by research and our own personal experience. But can it also cause you to get into an accident? In 2013 an Israeli study explored the relationship between your music and your driving abilities. 85 young…

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Enjoying Valentine’s Day after divorce

hearts representing valentine's day

When you’re newly divorced, Valentine’s Day is one of those celebrations that can make you feel worse about being single. Everywhere you go in the city, lace-trimmed pink or red hearts are in store windows, roses and chocolates are central sale items, and romantic dinners for two are advertised in all the restaurants. You may…

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Traumatic carpal tunnel syndrome

typing motion

When you hear about carpal tunnel syndrome (CTS), you tend to think about data entry clerks, computer programmers, factory workers, hairdressers, and other people who use their hands to perform repetitive tasks. Although typically regarded as a repetitive strain injury, carpal tunnel can also be caused by a sudden trauma, such as a motor vehicle…

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Virtual visitation in child custody cases

video chat with child

Thanks to global trade expansion and an increasingly mobile workforce, more divorced parents are relocating to new cities, states, and even countries. According to the National Center for State Courts, nearly 35 million children in the U.S. have divorced or unmarried parents and approximately 25% of them have a parent that lives in a different…

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Loss of consortium claims in a New York personal injury case

sad man

If your spouse is injured in an accident, then New York law allows you to file a claim for loss of consortium against the at-fault party. This type of action is highly personal and is intended to address the fact that due to the accident, your marital relationship is changed physically, mentally, and or emotionally.…

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Apps for co-parenting? They exist!

various apps

Technology is often blamed for situations leading to divorce: social media addiction, flirtation on Tinder, and other gadget-based rudeness and infidelity have all been cited as reasons for relationship breakdown. There are times, however, when technology makes your life easier, especially after divorce. The co-parenting apps listed below all make it easier for you and…

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Who will find out that you filed for bankruptcy in New York?

newspaper notices

Many New York residents who are contemplating bankruptcy worry that their friends, family, and employer will find out, causing them to lose respect and even their job. The bad news is that your bankruptcy filing is a public record, meaning that anyone can look it up—provided they know about it in the first place. In…

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Food poisoning injuries in New York

salad

Popular grocery chain Trader Joe’s recently recalled is Kohlrabi Salad blend over fears of listeria contamination. The recall affects salad blend bags with “Best Before” dates of October 14-16, 2017. Although only a small percentage of people who accidentally consume listeria-contaminated products will become sick, those who do fall ill experience symptoms such as neck…

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Smart—and safe—shopping during the holidays

man slip and fall next to sign on floor

The holiday shopping surge doesn’t end after Christmas or even New Year’s. This is because so many retailers discount  their overstock for days  and even weeks after we put away the decorations and resume our daily lives. Unfortunately, with increased traffic comes a greater injury risk. While malls and stores are supposed to keep their…

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New Year’s food poisoning—what to do

bacteria

While many people throughout New York will be celebrating New Year’s Eve at home, others are planning to have a night of it. They will flock to Times Square, attend the all-night dance party at the Ditty in Astoria, or attend a visual extravaganza at the Grand Ball at the 1896. At some point between…

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Your first New Year’s after divorce—making it work

The first New Year’s after divorce is always difficult. Now that you and your spouse are no longer together, how are you going to handle the parties and social events that have been a New Year’s tradition for so long? Avoid them entirely? Talk to your ex and find out which ones he’s attending so…

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Let this New Year be your fresh start

new years

For many of us, creating and sticking to a budget is a top New Year’s resolution. Mastering the ability to live within your means is especially important if you are in the middle of a Chapter 7 bankruptcy or planning to file, because successful planning can help ensure greater financial success in the future. Here…

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Wearable technology in personal injury claims

running with smartwatch and cars

From the Apple Watch to the FitBit to the Motorola 360, wearable technology has made rapid inroads into our lives. Depending on the device, we can use it to track our fitness levels, send emails and text messages, call people and more. Now it could help validate your personal injury claim. Smartwatches as evidence Smartwatches…

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What is the difference between legal separation and divorce?

cut separation concept

Ending a marriage is not a decision that anyone should take lightly. When you file for divorce, the financial and emotional effect on the rest of your life is immediate and far-reaching. Because it is so important to be sure that the marriage is irretrievably broken before initiating divorce, New York law supports an alternative…

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How to avoid injury this holiday season

injured man with cast

No one likes to think that injuries can occur during the holiday season, which is supposed to be a family-oriented time of peace on earth and goodwill towards others, but the fact remains that this is one of the most dangerous times of the year in terms of accidents. You don’t even have to go…

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Christmas trees and cars: a dangerous mix

christmas tree on car hazard

Last week, the Sudbury, Massachusetts Police Department made national news when it posted a Christmas tree photo on its Facebook page. The unwrapped tree, which was on top of a Mazda 5 minivan, hung over the sides and rear of the vehicle, covering the windows and even concealing the license plate. Police commented that an…

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Chapter 7 bankruptcy and Christmas: what’s the solution?

christmas tree gifts

For many of us, the holidays are when budgets go out the window. In 2016, the average American shopper spent $935.58 on Christmas presents, and this year the total will probably go up, thanks to higher-priced gifts and advertisements that make it difficult to resist overspending. For some people, the intention is to spend as…

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Holiday co-parenting tips

family

The holiday season is always difficult for divorced parents and their children. Parents have to let go of old grudges and bad memories so that they can work together and make the season special for the kids, who may be feeling sad at the realization that their family is now divided. Young children can be…

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Hunting accidents in New York

hunting rifle

Certain areas of New York State are renowned for their abundant hunting options. In November, hundreds of people armed with shotguns head to designated wooded areas to hunt pheasants, wild turkeys, deer, and other game animals. While enthusiasts insist that hunting is no more dangerous than other outdoor sports, the fact is that every year…

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Common Thanksgiving accidents: What they are and how to watch for them

thanksgiving turkey accidents

Every year, we look forward to Thanksgiving. A juicy turkey dinner shared with friends and family is the ideal way to transition to the December holiday spirit. Unfortunately, this is a time period that’s statistically infamous for the number of injuries and accidents that occur while celebrating. Below are four common Thanksgiving accidents and how…

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How to work with (not against) your personal injury attorney

hand shake deal

When you hire a personal injury attorney, you’re embarking on a relationship that calls for certain levels of trust. What this means is that you need to disclose everything about your case, even if you don’t believe that certain changes or updates are relevant. Your attorney is the one who needs to make that call,…

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Does your ex have a homework-free policy?

women doing homework

When your child hands you yet another note from the school, you know without even opening it what it contains. Jane has not been doing all her homework assignments again, and the slacking off occurs on school nights when your ex has parenting time with her. You’ve talked to him about this already, and he’s…

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Risks of filing for Chapter 7 bankruptcy without an attorney

Many people opt to file for Chapter 7 bankruptcy without assistance from an attorney. Sometimes it is because they feel their cases are simple and straightforward, while in other instances they feel that they can’t afford the attorney fees. While you certainly have the legal right to file for Chapter 7 on your own, help…

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The permissive use doctrine in New York automobile accidents

car insurance policy

Imagine this scenario. You are driving to the store for a late-night grocery run when another vehicle collides with yours, causing you to suffer significant injuries. When the police arrive, they discover that the other driver, who ran a red light, was not the actual owner of the car. Who can therefore be held liable…

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Going back to work after divorce? Here are some resume tips!

job search

Now that your divorce is finalized, you’re preparing to return to work after years as a homemaker. Depending on what industry you want to work in, you’ll have to brush up on your skills—and your resume. Decide what jobs interest you If you want to work in a particular industry, then state this objective on…

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Elements of a New York wrongful death claim

funeral

When a beloved family member is killed by another person’s act of negligence or malice, your life is never the same afterward. Although holding the responsible party accountable for their actions will never fill the void or bring your loved one back, it can ease the financial burden associated with the loss. Filing a wrongful…

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How to get out of student loan default

financial calculation

After nine months of missed payments, your student loan account will fall into default status. That’s when calls from debt collectors start, your credit takes a serious hit, and you potentially face legal action from the company that issued the loan. What can you do to get out of default status and back on the…

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How does the eggshell skull rule affect a personal injury case?

eggs concert for personal injury eggshell skull rule

Imagine that you’re driving through the Bronx, en route to meet friends at a newly opened cocktail lounge. When you stop at a red light, a distracted driver rear-ends you. Your seat belt prevented you from hitting your head on the windshield, but your injuries are still serious. This is because you have osteogenesis imperfecta,…

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Assembling your divorce “dream team”

professionals team

Divorce is a confusing and stressful time for anyone. There are so many areas that need to be addressed: legal, financial, and of course emotional. To make matters worse, everyone is giving you advice, a lot of it conflicting. How will you handle it all? The answer is: you don’t. At least not by yourself.…

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How does “foreseeability” affect a New York personal injury case?

future

Our actions sometimes have unexpected consequences, but to what extent are we liable when these actions cause someone to get hurt? The answer to this question plays a pivotal role in determining whether or not we can be held responsible when an act of negligence on our part results in a personal injury. Determining negligence…

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Being “judgment proof” and bankruptcy

income on desk

Should you fail to pay your bills, your creditors can legally sue you for the money you allegedly owe them, but if you are ‘judgment proof’, they may not succeed in collecting it, especially if it is a credit card balance, medical debt arrears, or some other form of unsecured debt. In this blog, we’ll…

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Roofing accidents in New York

construction roofing accidents

According to the United States Bureau of Labor statistics, roofing is one of the most dangerous occupations in the country. Serious accidents can happen at any time, and because roofers almost invariably work at considerable heights, the resulting injuries can be permanently disabling and even fatal: an estimated 50 roofers are killed on the job…

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What happens to your New York estate plan during a divorce?

legal will

If you have recently filed for divorce, then you will also want to consider changing your estate plan in the process. The New York Estates, Powers, and Trusts Law 5-1.4 addresses the effect of divorce, annulment, or  judicial separation on estate planning documents such as wills, and if certain steps are not taken, then your…

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Why you should always seek medical treatment in personal injury cases

accident medical records

Medical evidence forms the foundation for all personal injury cases, and its strength and quality can mean the difference between getting the settlement you deserve and being forced to accept a substandard offer. Emergency room records, treatment bills, and doctor’s notes all play a crucial role in assigning liability and determining damages. So why do…

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What happens to your investments in a Chapter 13 bankruptcy?

If you are thinking of filing for Chapter 13, then you’re bound to have concerns about any investments you may have. Can creditors like the IRS touch them? Which ones are protected? It’s a complicated area that a New York bankruptcy attorney can clarify for you. 401(k) plans The Employee Retirement Income Security Act (ERISA)…

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Five reasons why New Yorkers declare bankruptcy

five reasons concept balloon

Last year, less than 800,000 people filed for bankruptcy throughout the country. At first glance, that seems like a lot, but in reality the number of filings for 2016 was the lowest for any year since 2006. Although filings appear to be in the decline, thousands of people throughout New York continue to seek bankruptcy…

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IVC filters: Risks and injuries

body illustration for vein injury

Lawsuits over IVC filters are continuing to appear in both state and federal courts all over the country. At present, there are nearly 4,000 filings against C.R. Bard and Cook Medical, which are the two largest IVC filter manufacturers, and smaller manufacturers such as B. Braun, Argon Medical, Cordis Corporation, and Rex Medical are facing…

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