The Scarsdale Daily Voice

Scarsdale, New York

Wrongful Death: Who are the Legal Claimants?

October 22nd, 2014

Permanent disability is one of the worst consequences of a serious accident or a gross act of negligence; but still worse than this is wrongful death which, according to the website of personal injury attorneys Williams Kherkher, can cause a traumatic experience that will forever change an affected family’s life. A wrongful death can be caused by a motor vehicle accident, an aviation accident, a construction accident; slip and fall accident; an explosion, a refinery accident, a defective or dangerous product, nursing home negligence or medical malpractice.

A negligent act that leads to an accident usually causes harm or personal injury; the type of injury under which wrongful death is classified. A personal injury is considered a tortious act or civil offense and, under the tort law, the tortfeasor, that is the person liable for the injury, is obligated to compensate the victim for all the damages that he/she will suffer due to the injury, including cost of medical treatment, lost wages and others. In case of wrongful death, though, a representative, who acts on behalf of the victim’s survivors or “real parties in interest, can file a lawsuit (for compensation) called a wrongful death claim.

States usually vary when it comes to the identities of “real parties in interest.” While all states naturally consider the victim’s immediate family, composed of his/her spouse, children and adopted children, there are those that also consider: the parents (for unmarried victims);the victim’s distant family members, which include his/her brothers, sisters and grandparents; those who are directly financially affected due to the cessation of the financial care or support of the victim; and, the deceased victim’s other dependents, such as his/her putative spouse (a person who believes, in all sincerity, that he/she and the deceased were married).

A wrongful death lawsuit is a complex procedure and often, despite the liable person’s willingness to settle with the real parties in interest, the amount of compensation offered is not a just amount.

Social Security Disability Important Documents

November 2nd, 2013

Applying for a disability benefit at Social Security Administration can be complicated, but it is worth it especially if you are unable to work for more than a year. Having a Social Security disability benefit can be essential for those who wish to make ends meet while unable to work or find work. There are, however, certain situations or circumstances where applications can be denied. It is important to understand more about Social Security disability in order to guarantee that your application is approved or delayed.

Certain criteria should be met in order for a benefit to be merited. Based on the qualification of the Social Security Administration, a medical impairment considered “severe” should be the reason why you can’t perform a substantial work quality, and it should be significant enough to last at least a year. Or it can cause death to the victim. It is also necessary to prove that the medical impairment is the actual cause you are unable to find work of equal capacity, and that it prevents you from finding other work or adjusting to other possible employment.

Aside from the ones mentioned above, you should also have sufficient work credits: that is, you have worked long enough to cover for Social Security. Although young workers can apply with fewer credits, generally it is necessary to have 40 credits (where 20 were earned in the past 10 years of employment). It takes about six months to have the results of the disability benefits to be known; therefore applying as early as you have determined your disability would be a better decision.

For those who are trying to apply for the disability benefits in San Antonio or anywhere else in the Texas area, it would be better to have a lawyer to assist you in your application, since there are cases where the application is denied because of lack or documents or evidence. The complexities of a Social Security disability application can be complicated to many, thus having a legal advisor could aid in getting things done successfully.

An Introduction to Cyber Bullying

May 9th, 2013

online bulliesTraditional bullying has been a problem among school age children for generations. Recent advances in technology and the web have created a new threat to our youth that has been dubbed “cyber bullying.”

Cyber bullying occurs most commonly through social media sites such as Facebook, Twitter, and Instagram. Bullies send threats to and spread rumors about their victims through these sites, while often also tormenting them in person during school hours. Because of this amount of access, the cycle of victimization extends far beyond school hours and grounds.

Cyber bullying has led to several suicides over the past few years. There have been multiple instances of young girls killing themselves after being exploited by online bullies, who trick them into privately sending nude photos. The bullies then extort the girls, typically for money or more nude photographs, by threatening to publicly post the images.

Proposed laws in a handful of states aim to make cyber bullying a punishable offense.

Finding a Divorce Lawyer

May 4th, 2013

Going through a divorce can be very complicated and confusing process for those thinking about divorce or those actually involved in one. And as time passes and you get further and further into legal proceedings, you might find yourself facing certain payments you do not fully understand. Alimony is just one of many things that can come up during the process of divorce. Alimony can come in several forms, including both permanent and temporary alimony payments.

Temporary alimony is monthly support fees one partner pays to the other party while the divorce is still pending. These payments are given to various reasons deemed acceptable by a divorce court, such as, but not limited to:

  1. The other spouse has no job or is not earning a living that can support himself or herself during the ongoing divorce trial
  2. Help in paying the fees brought about by the divorce, such as lawyers and other legal fees
  3. Living expense or house payments, until the other party has adjusted to his or her new lifestyle

Just like most issues in your divorce, such as child custody or division of property, these fees can be agreed upon by both parties, or they are otherwise be mandated by court through litigation. In order to get a fair amount or monetary support, a divorce lawyer can look into some conditions, such how much one partner earns, their age, health conditions and disabilities, and other concerns. Once these things have been cleared and both parties have come to an agreement, or when the court makes a decision on payments, these payments will usually be made until the final decision regarding the divorce has been given and a final decision is made regarding permanent alimony payments.

In the event that one partner has neglected or denied paying temporary alimony, they can be held legally liable, since a temporary alimony order is equal to a court order. Take note, though, that there are certain life events that can change a recipient’s right to receive both temporary or permanent alimony, and these agreements can be changed with approval from the court.

Top 3 Things to Do After a Car Accident

April 18th, 2013

The Law Offices of Vic Feazell P.C.A car accident is a very real possibility every time you hit the road. It could be a minor collision as you are backing out of your driver to a multiple-car pile-up on the highway. It therefore makes good sense to be ready for one, and that includes keeping these top three priorities in mind after a car accident.

Ensure the safety of everyone

If it is a minor car-and-car accident with no one injured, you can move your vehicles to the side of the road to prevent traffic build-up and other accidents, but take a quick picture with your phone before you do to capture the positions of the vehicles, especially if it was not your fault. This can help later if there is a dispute on whose fault it was.

If someone appears to be injured, call emergency services immediately. Do not attempt to move the injured person unless there is a threat to life or if you are a trained medical professional. Turn on your flashers, set out emergency reflectors or road flares if you have them, and wait for assistance.

If you are injured, keep calm and do not attempt to move. Call for help and explain that you are injured. Request for medical attention and concentrate on your breathing until paramedics arrive.

Document everything

It is important to keep a record of everything that happens. If you have a video camera handy, even if it is just on your phone, use it. An audio recorder is the next best thing. Failing that, use pen and paper.

Take down the name, address, license number, registration and insurance information of the opposite party as well as any witnesses to the accident. This can come in handy later when you need to get corroboration.

Make sure that the police officer is given the correct version of events, takes pictures, and makes a sketch of the scene of the accident if possible. Carefully note the accuracy of the details before signing off on it. Get a copy of the report.

If there was an injury to you or your passenger, keep all hospital and medical records and bills pertaining to the car accident. If you will ever need to claim for personal injury, these will be very important.

Contact your insurance company

Provide your insurer with as detailed an account as possible everything about the car accident

Don’t sign anything until you’ve had a chance to study the situation. You may be settling with your insurer to your disadvantage.

Being prepared for a car accident will ensure that you will not make any costly mistakes in handling the situation. You should always plan for the worst and hope for the best.

 

What to do after a Dangerous Dog Bite

April 16th, 2013

Dogs play a huge role in family life, but they can still be unpredictable. About half of dog bite incidents happen to the dog owner’s themselves, and according to the CDC, about 4 million Americans are victims of dog bites every year. When a dog has bitten you or someone in your family, then you are entitled to ask for compensation for the injury you or your loved one has received.

Victims of dog bites have every right to get compensation as payment for his or her losses and damages. The compensation asked by the victim and their personal injury attorneys cover a number of harm experienced by the victims. The two main categories of harm in which a victim of a dog bite can get compensation are:

  1. Economic damages – covers the medical bills, lost wages due to the injury, possible medical treatment and surgeries for scars, future psychological expenses, property damages, and many others.
  2. Non-economical damages – psychological damages, pain and suffering caused by the injury, social stigma due to the scars, decreased quality of life because of disability, mental trauma, etc.

The main goal of talking with personal injury attorneys is to help victims get the necessary compensation for the damages and harm caused by the incident. It is their job to fully determine the extent of the damages and sufficiently compute the fair amount of compensation. However, this process can be hard and complicated because a lot of factors should be considered and taken into account, therefore getting the right and experienced personal injury attorneys would be the best option for any victim hoping to receive proper compensation.

We can’t dismiss the importance of having pets in our home, but in order to prevent any harm from getting a dog as a pet, it is essential for future dog owners to be well educated about which dog breeds are best suitable for their family, and that every family member should be briefed on how to act and treat dogs to avoid aggression and future dog bites.

Two Arrested after Drunk Driver Causes Accident, Friend Makes a Scene

April 10th, 2013

Two 32-year-old men were arrested on Sunday after allegedly causing a car accident and being disorderly.

The accident occurred at the intersection of Popham and Post Roads at around 5:00 pm. The driver allegedly ran through a red light while traveling east on Popham, colliding his BMW with a Jeep Cherokee. The Cherokee’s driver claimed that the other person was “driving like a maniac.” Both cars suffered extensive damage.

The BMW’s driver did not have his license on him. When police attempted to issue a field sobriety test, his passenger began yelling at him to not submit to it. He stirred up such a ruckus that police had to restrain him in order to carry out their duties. He was eventually taken to a nearby police station, where he was detained in a cell and continued to be uncooperative, kicking the cell’s doors, yelling at the police, and even trying to tamper with the lock. He was charged with obstructing governmental administration.

As for the driver, it was discovered that his BAC was .17%. He was charged with running through a light, speeding, and DWI. He has been released on a $200 bail.

Luckily, is seems as though no one was injured as a result of this accident.

Personal Injuries Happening in Amusement Parks

April 4th, 2013

ritter and associatesAn exceptionally popular destination for families and tourists, especially during the months of summer and spring, amusement parks pack a range of attractions and lots of surprises. From the simple and traditional carnival rides to water-based attractions and thrilling rides, amusement parks can be a wonderful treat which family members and friends can enjoy together.

To make sure that all things go well in an amusement park, however, operators of rides and other sources of amusement need to make sure that all their equipment is working properly and that they follow all the details on safety procedures. There ought to be no room for careless behavior or negligence that could lead to a terrible accident.

Acts of negligence on anyone’s part, which result in a failure in ensuring visitors’ safety or, worse, an accident, can render the park’s management, its employees and, in some cases, manufacturers or designers of the rides and other products, fully accountable for any damages which may occur.

In the event of an accident though, filing a case against the guilty party while the victim is recovering from the injury is just too taxing. With the help of a personal injury lawyer, however, those who have been the victims of an amusement park accident can get the justice they deserve.

Injuries sustained in amusement parks are often the result of mechanical failure, negligence of operators, rides which have been poorly designed or improper behavior by other park visitors. Regardless of the cause, victims of personal injury have the right to file a case and receive compensation from the liable party.

If you, anyone in your family or someone among your friends has been a victim of personal injury due to someone’s negligence in an amusement park, it is important that you call a qualified personal injury lawyer who can explain to you your rights as a victim.

New Scarsdale Mayor Sworn into Office

April 1st, 2013

Scarsdale’s new mayor, Bob Steves, was sworn into office this morning.

Steves, who ran unopposed, secured the mayorship with a total of 235 votes in March’s election.

electionsThe mayorship in the 17,000 person village is a volunteer position. As an unspoken rule, Scarsdale mayors never seek re-election at the end of their two-year terms. The former mayor, Miriam Levitt Flisser, was a practicing pediatrician who never missed a single board meeting during her tenure.

Before ascending to the mayorship, Steves served as a trustee for the village and has held numerous positions, including working as an assistant treasurer at Fordham University. Steves hopes to increase government transparency in the town by holding meetings that explain how and why certain decisions are made throughout his term.

Injuries Due to Heavy Equipment Malfunction

March 25th, 2013

Construction work, while essential to economic development, remains a remarkably dangerous occupation. Despite the safety measure observed and implemented by management, contractors, owners, co-workers, and even the manufacturers of machinery, the job simply exposes workers to more dangers and, oftentimes, more severe injuries, than would otherwise be expected. This is why in some states, besides the protection afforded by workers’ compensation benefits, there are other laws that give extra protection to construction workers.

For injured construction workers, it is important to seek the assistance of a personal injury attorney who will help to make sure that your case meets the requirements need to file for compensation for an injury. Thus, a personal injury attorney’s duties include guiding you on what to do right after the injury, what forms to fill and how to fill them and, most important of all, the timely processing of your claim.

Construction accidents, which are work-related, may qualify for legal action if it can be shown that the injury was caused by another person‘s recklessness or negligence. As a victim of a construction accident, your lawyer will tell you that your rights and interests are protected and supported by the law, thereby allowing you to receive compensation for your economic losses and any injury-related expenses, such as costly medical bills.

One potential cause of injury in the construction industry is crane collapse. A crane is an amazingly powerful machine that is commonly seen in construction sites. It is used to lift heavy objects, making some jobs easier and more quickly accomplished. Unfortunately, if not properly maintained, these machines can put the lives of construction workers in peril.

Failure to maintain any type of machinery or tools on a construction site, or improper manufacturing of these tools, renders whoever caused this type of oversight to occur liable for any damages which may result.

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