Brooklyn & Queens NY PI Law 102: Making Money On Slip & Falls

What do you need to prove to sue the municipality, store-owner or homeowner you fell at and win money? Everyday some of us might witness slip and fall accidents at the work place, home or at some restaurant and sometimes we are not just the one witnessing but actually the victim of such an incident. If we talk about the reasons behind such painful experience, there can be many reasons like torn carpeting, wet floor, narrow stairs, changes in flooring or poor lighting. Slip and fall personal injury law is one of many popular legal issues that we face these days. There are different conditions and circumstances that apply and help the victim of slip and fall injury to collect money from the owner of place where he happened to face that accident. It might be possible that the owner was not responsible for your injury, maybe you were not careful enough to watch your step. If it is totally not your fault then you can surely claim money.

(contributed by: Ribowsky Law- Queens Personal Injury & Accident Lawyer 109-12 Jamaica Ave, Richmond Hill, NY 11418 (718) 659-5333 mrinjurylawyerny.com)

The occupier of premises owes a duty to take reasonable care of the safety of any person that is on their premises. If the owner knew about any hazardous condition but did not warn you and you slipped or tripped, then you may claim against the property owner. In order to sue the negligent occupier, you should know what the local law is and have knowledge about the procedure to claim your right. First of all, there is certain time period within which you must contact the lawyer or file your complaint. Report the accident, every bit of detail, in writing. This report will help the court in looking into this matter from different aspects such as the owner was responsible or it was your own fault or if it was a residential area or office and who could possibly be held responsible. Your report must be strong enough to prove clearly that the owner or employee must be held responsible for the unsafe conditions in their premises. The information must also include details about the defect that made you fall. You must also know what were you wearing at the time of accident specially your shoes, because the owner might try to put blame on your shoe choice that caused your injury. The second most important thing is that you have witnesses to present in your favor. So, collect the names, phone numbers and addresses of everyone who witnessed the incident. Also remember to take some pictures of the exact location where you fell or tripped to show the bumpy surface, torn carpeting or any other condition that was the cause of your injury. Take photographs of your injury over the days and also of the bloodied or damaged clothing, if any. Get a medical report of your injury from your doctor as a proof. Keep records of any follow-up treatments. You must prove that the injury was not pre-existing rather it resulted due to the fall or slip.

Now you should reach out to a slip, fall & personal injury attorneys near you and choose the one that best suits you. Discuss fee arrangements and other costs. Show the lawyer all the evidence that you have and talk with him/her to come up with a plan for your case. Listen to your Big Apple personal injury attorney and remain honest to him because it is really important. Last but not least act professionally while making any negotiations.

Get Legal in NYC: Child Support Laws

So you are looking for a lawyer because your ex is asking for child support? If you are not familiar with what child support is exactly, it is a necessary monetary payment that is provided to the custodial parent to help provide for the needs of the child.

Now with child support, it is not just limited to monetary support. It can also include additional items such as health insurance, life insurance, transportation, etc. All of these things are decided during the legal proceedings with the court.

So, at what point does it come into play? Usually when parents have separated, or have decided to divorce. As unfortunate as it is, there are many parents capable of providing for their children but fail to do so and that is where a lawyer gets involved. There are many avenues that a custodial parent can pursue to obtain the necessary support for their child or children, but remember the laws are different for each state.

Most people will attempt to use their local or state government to obtain the support payments from the other parent but most of the time it just falls on deaf ears, and can be a long and arduous process.

There are many reasons why someone would consider employing legal assistance, but most of the time it is to ensure that they get most of what is deserved. A lawyer has the ability and legal resources to ensure that a custodial parent receives the support they are due. Compared to dealing with a state agency, the lawyer is paid to work on behalf of the individual to obtain all of the support funds that are needed. There are many other methods that can be used to obtain the child support money but as it stands, using a lawyer is usually the best as they can go through several different avenues including, if necessary, filing a lawsuit, working with the DA to file criminal charges, etc.

Most people will find that whenever they work with a child support lawyer they normally get fast and efficient results and get the money that is owed at a much quicker pace. Another positive aspect of having a lawyer is that they can work in conjunction with the state or local government to resolve any money that needs to be paid to the state, since in some states parents might have to seek state aid and may have to pay back part of that from the child support funds.

This can vary on a state by state basis. That is why it is normally recommended to seek legal council. Another thing to remember is that there will always be some sort of delay, whether it is the other parent obtaining the funds, or if they have to work out arrangements to settle the debt, or even if there are back taxes owed for those funds that have to be paid first. Either way, in the end, having a child support lawyer on your side will be of beneficial to both yourself and your children.

Preparing For A Divorce Settlement in Queens, NYC

How to Prepare for a Divorce

Getting a divorce is often a messy and painful process. Even if it is a decision that you have mutually agreed on from the beginning, it can still be a very emotionally taxing process.

As complicated as it is, if you have decided to file for divorce then it’s in both of your best interests to prepare for what’s to come. The divorce process can go relatively smoothly if there is mutual consent and cooperation from both parties. Sadly, this is rarely the case. Even after reaching a mutual decision to dissolve the marriage, many couples still end up having feelings of resentment towards each other as a result of the failed marriage. Disputes on property, child custody, and alimony commonly arise as a result of resentment.

Discuss the Divorce Proceedings with Your Spouse

This may not be possible in all situations but if the divorce is something you both agreed on, then there should be at least some form of dialog to discuss the steps you both have to take to get a divorce. It would be good if you can decide on important matters like division of assets and child custody if you have children before taking it to court. If you can’t agree on these matters by yourselves, it might be better to hire a divorce attorney to represent you and your interests.

Hiring an Attorney

Many people ask whether a divorce attorney is necessary when filing a divorce. While it’s true that you can represent yourself, the divorce process is often lengthy and exhausting. It also requires a lot of legal paperwork that you might not be able to handle yourself or may take a lot of time if you handle it yourself.

Even if the decision to dissolve the marriage is a mutual agreement, if there are children involved and a lot of assets to divide, it is best if you hire matrimonial legal representation. This is especially true if you cannot agree on certain aspects of the divorce with your spouse and if your spouse is also hiring a lawyer as a legal representative.

More often than not, doing the paperwork yourself instead of hiring a licensed and experienced divorce lawyer is not only exhausting but can be just as expensive especially since you might still need legal advice along the way.

Filing the Divorce Papers

There is a lot of paperwork involved before you can file a formal lawsuit to dissolve your marriage. All necessary documents must be filled out properly and presented to court without any errors. You should also be able to show the court that you have accomplished what is referred to in divorce law as a  “service of process”. This involves sending a formal notice to your spouse about the lawsuit.

A comprehensive affidavit detailing your finances is also a requirement for divorce. This is necessary in ensuring that everything is divided fairly between the two of you.

Prepare for Issues That May Arise During the Divorce Process

The issues of child custody, visitation rights, child support, and spousal support (if necessary) are often the hardest ones to tackle during the divorce process. In NYC, the value of a tiny brown-stone home can easily be a million dollars. This means that property disputes in divorce law can get really heated and go from lengthy settlement to the court-room. The general rule is that the more that is at stake the more the parties are willing to invest in legal fees. If an amicable settlement is reached during the proceedings, then there should be little to no problems but if one party is contesting what the other party wants, then you should prepare yourself for a lengthy legal process.

Consult your divorce attorney to find out the steps you can take to protect your interests and your children’s interests (if applicable).

Annoying Neighbors in Brooklyn, Queens & NYC: What’s My Legal Right

Whether it’s loud music playing late at night, garbage scattered on the hallways or front yard, cars blocking your driveway, or dogs barking all night, we’ve all experienced having an annoying neighbor at one point or another. In some cases, nuisance neighbors are just mildly annoying but in worst-case scenarios, they can interfere with your daily activities and your enjoyment of your personal time at home.

So what do you do when your neighbor has become an unreasonable nuisance?

As a property owner, you are protected by common law rights against any public nuisance that may disrupt your day-to-day life. Public nuisances constitute any activity that can a cause disturbance to property owners, tenants of a housing unit, or the general public. Common public nuisance activities include: noise, garbage, activities that can cause health injuries or harm, unlawful use of property, cars parked in the road that blocks the entrance or exit to one’s own home, and wild pets freely roaming around.

The Law of Nuisance is generally used to protect homeowners and resolve property disputes among neighbors. It is classified somewhere between real estate and civil litigation law.

If your neighbor is being a nuisance, one of the first things you should do is to try to talk it out with the people involved. Let them know that their activities are a disturbance to the peace in the neighborhood. Most nuisance neighbors are unaware of the fact that they are causing a disturbance so if they’re reasonable, you should be able to talk it out.

Taking Legal Action Against a Nuisance Neighbor

Unfortunately, not everyone is reasonable. Some neighbors don’t take complaints lightly and they might even take it as a slight against you. In such cases, when their activities have caused too much of a disturbance to work it out amicably, you can file a nuisance lawsuit.

Being a public nuisance can come with civil penalties especially if someone files a lawsuit.

There are two types of nuisance suits, namely:

• Private Nuisance

Private nuisance refers to activities that may interfere with one’s enjoyment of their own property without necessarily invading that property. Examples of private nuisances include: loud music or any kind of noise, garbage that can cause neighbors to experience unpleasant odors from their own property, and unruly pets.

If there is physical invasion of your property, such as parking in your driveway or installation of a gate that impedes on your personal space, you can file a lawsuit for trespass action.

• Public Nuisance

A public nuisance, on the other hand, is usually of a bigger scale than private nuisances. Public nuisances pose serious risks to safety, health, and comfort of more than one or two people. In other words, it affects the general public. These include: bad odors spreading around the neighborhood, toxic spills from neighboring factories, or a woodworking shop or a racetrack that causes excessive noise.

If you decide to file a nuisance lawsuit against a neighbor, you have to be prepared to provide evidence of the interference of your enjoyment of your own property. You also have to be able to prove that that such activities are continuous and severe enough to lead to civil penalties.

If you are intent on pursuing a nuisance lawsuit, s lawyer should be able to help you file your nuisance claim and gather necessary information and evidence to prove your claim.

How To Fight NY Speeding Tickets With A Lawyer

While traffic laws vary from state to state, speeding is considered a violation across all states. When you go beyond the speed limit on any road, you can be charged with a speeding ticket.

Since traffic officers are in charge of issuing speeding charges on a driver, their option on the matter is not always infallible. There are cases where an officer may mistakenly charge you with speeding when you were well within the speed limit of the area you are driving. In such cases, you may want to fight your speeding violation.

To fight against a speeding violation, you have to first determine under what speeding law you are charged with. Despite the nuances in traffic laws from state to state, all states use the same types of speeding laws, namely: Absolute, Presumed, and Basic. Your chances of fighting a speeding violation depends on what type of speeding you are charged with.

Absolute speed limits, as the name suggests, are considered absolute. If you go beyond the speed limit, you will be charged with violating traffic laws. Since it is absolute, it usually cannot be contested.

Presumed or Prima Facie speed limit violations can be contested even if you are driving beyond the speed limit as long as you are doing so safely. This is not used applicable to all roads but is applied to some roads in states like Texas and California. If, for instance, you are driving on a 40 mph zone and you go beyond the limit, you can defend your violation if you are driving at an hour where there are very few cars (e.g. very early in the morning) and you can prove that you were driving safely.

Basic speed limits may have the most loopholes but may also be difficult to contest, as it is your word against a traffic officer. Under basic speed limits, you can be charged with speeding if a traffic officer deems that you are speeding. Charges are based on unique conditions and are at the discretion of the traffic officer in charge. For instance, even if you are driving within speed limit but the officer deems that you are driving to fast for current traffic conditions (e.g. during heavy rains or on icy roads), you can still be issued a ticket under the basic speed law.

If you are going to fight against a traffic violation, you have to know what speed laws apply to your case. Even under absolute speeding laws, you can still fight your violation if you can prove that the method of determining your speed is faulty or you can work your way against a violation if you are speeding in response to an emergency but you have to be able to prove it.

The main goal in fighting a speeding violation is to convince the judge that you were driving safely (if under presumed or basic laws) and contest the word of the traffic officer in charge. It can, however, be difficult to prove your cause especially without proper evidence.

You can consult a local traffic court lawyer to help you sort out traffic violation cases like speeding if you are intent on fighting the violation.