The Scarsdale Daily Voice

Scarsdale, New York

Going Bankrupt and Dealing with the Consequences

September 21st, 2019

It’s not easy to file for bankruptcy. However, it is often the best thing to do. Declaring bankruptcy can allow you to gain a fresh start, something we’ve all needed at one point in time.

One thing to consider when declaring bankruptcy is whether or not you’re fully equipped to deal with all of the aftermath. More often than not, declaring bankruptcy solves more problems than it creates. That being said, you should still be prepared for whatever consequences may come your way.

The most common consequence associated with declaring bankruptcy is a damaged credit score and a loss of assets. However, these don’t always happen. Each bankruptcy case is highly varied and I’ve found it’s best to find an accountant or lawyer who can help you create the best plan for your situation.

Another issue with filing bankruptcy is harassment from creditors. If you’re unable to repay loans immediately, these creditors tend to make nonstop calls and send mail your way.

While most of them won’t resort to harassment, it’s true that some creditors take it too far with the contact. Additionally, some of them resort to defamation of character and other forms of harassment in their endeavors to be paid back.

How to Deal with Harassment from Creditors

If you’re dealing with a lot of harassment from creditors, you can quickly begin to feel overwhelmed. Constant calls and the ever-present threat of financial ruin can cause even the best of us to panic. The first step to getting yourself out of this hole is to understand just what constitutes harassment.

Common Forms of Harassment

Although it’s certainly annoying to deal with creditors, not all of their actions constitute harassment. The most common forms of harassment include defamation, reduction of a credit score, and financial injury. There are two acts, the Fair Credit Reporting Act and the Fair Debt Collection Practices Act, put in place to avoid these types of situations, but they are commonly violated by creditors.

Before you claim defamation, though, make sure that you know for sure that you’re experiencing it. The statements against your character must be false, communicated to a third party without your consent, negligent on the part of the creditor, and you must have experienced some form of harm as a result of the statements.

Granted, none of these are particularly hard to prove, but it’s still good to have a solid account of everything that you have experienced.

If you feel as though you are experiencing any of the above forms of harassment, I highly recommend getting in contact with a lawyer like those at Greenway Law, LLC who can fight on your behalf.

Going bankrupt shouldn’t leave you in such dire straits, but if you are, there are ways to get yourself back on track. Getting a lawyer to help you get things sorted out is just the first step of many that you’ll need to take if you want to have a fresh start.

The Pros and Cons of Rideshare Services

April 27th, 2019

Without a doubt, services like Uber and Lyft have fundamentally changed the nature of transportation and employment — especially in cities around the United States. Once predominantly acquired through waving and praying a driver would see you, taxi-like services are now available at your fingertips.

With a few taps on a phone screen, riders can pay for a driver to transport them to locations previously difficult to navigate due to parking, traffic, and more. This transformation of on-demand transportation has not come without its drawbacks. Case in point: some municipalities have banned the services or temporarily prevented them from operating in their city limits.

It is thus appropriate to compare the benefits and drawbacks of the rideshare services that are increasingly popular and increasingly pertinent to discussions of transportation, accessibility, and a new workforce:

Benefits of Rideshare Services:

  • With fewer cars to be on the road, many rideshare services advertise their implicit contributions to pollution reduction.
  • Similarly, rideshare services decrease traffic through by offering convenient and congestion-reducing carpooling services like “Uber Pool” or a service formerly known as “Lyft Line.”
  • Some people can’t afford (or don’t want) cars but can afford occasionally using rideshare services. For errands like grocery store trips, traveling solely through public transportation or bicycling can be a hassle.
  • Flexible hours for Uber drivers give opportunities to those seeking an easy, part-time gig
  • For others, the rideshare services can act as a primary form of income. This potential job offers people the opportunity to make money through a car they may already own and time they already have!

Unfortunately, not every impact of rideshare apps is positive. There is another side to the services wherein danger and negativity can bloom.

Negative Impacts of Rideshare Services:

  • Safety concerns are the largest drawbacks of rideshare apps. Unlike old taxi services, drivers are not required to undergo background checks or other key safety protocols.
  • The potential anonymity of drivers has led to prominent, though rare, cases of rideshare drivers abducting or otherwise endangering riders.
  • Rising or unfair costs for riders is another concern, as “surge pricing” takes place during high-volume moments and rides can cost several times their normal rate.
  • Another point of tension is the sometimes comparatively low rate of pay for rideshare drivers to traditional taxi drivers. Voluntary tips are incredibly important to drivers, who are charged upwards of 25% of pay by the rideshare companies

Ultimately, the negative impacts may be worth the freedom and convenience of rideshare applications. However, a consumer should know what is at stake in the debate.

Final Thoughts

Another obvious concern is rideshare car accidents that leave the driver, rider, pedestrians, and others on the road in potential peril. Thankfully, there is no evidence to suggest that rideshare services are inherently dangerous.

According to the website for The Law Offices of Jeffrey R. Caffee, the arrival of rideshare services in a city can be linked to a decrease in drunk driving-related fatalities and car accidents. Among other explanations, it is estimated that the effect is due to inebriated would-be drivers relying on rideshare services to get home at night.

Helping Employees Has to Start with Hiring the Right Employees

November 10th, 2018

There’s a legitimate and important concern that we take care of our employees properly, no matter the industry they work in. There are often difficulties ensuring employees are getting paid fair and livable wages. There are also difficulties in ensuring those same employees have access to the kinds of benefits they need to live healthy, safe lives. Further, even when accidents happen at work, there can be difficulties in getting benefits guaranteed to every worker by law.

In other words, many employees don’t make enough, don’t get enough benefits, and have trouble getting access to workers’ compensation in the event of a workplace injury.

This is a serious problem across the country, and it can seem simply too big to find a real answer that will help everyone across every industry.

There is something we can do, though, to help boost all those areas, and that’s to empower businesses to make better choices in who they hire. If businesses could be sure to always hire the best person for the job, they would be able to reduce expenses significantly, which might free up the money necessary to increase wages, spread benefits more widely, and ensure a better workers’ compensation process. What does empowering businesses to make better hiring choices really mean, though?

One major difficulty businesses often deal with is the woefulness of their pre-hiring testing. The tests they run don’t adequately show if a person is physically capable of doing very physical jobs. This means many people who aren’t up to the job end up getting the job and then get injured. This reduces productivity and also raises costs for workers’ compensation. It can further make businesses more skeptical about workers’ compensation claims, which leads to delays and difficulties for the injured.

That doesn’t have to be the case though. Businesses like WorkSTEPS have proven that there is a better way to pre-hire test and even to test those who already have a job. More thorough tests can track down physical limitations that even the applicant may not be aware of. These limitations may include everything from difficulty lifting objects in a heavy lifting job to carpal tunnel issues in a job with a lot of typing.

If businesses knew about these issues up front more often, they would be able to make the right hiring choices the first time, increasing their efficiency and reducing the number of claims (and the skepticism about those claims) for workers’ compensation.

There are a lot of elements to improving the working situation for employees across the country. There’s a lot to be said for those who want to demand higher wages and more benefits. To do that, though, we need to provide businesses with the means of keeping their bottom-lines healthy while still providing more for their employees.

New post from the homeless man

October 16th, 2017

So I’m finally getting kicked out of my place. As most of you know from offline conversations, I’ve had an ongoing feud with my landlord. I’ve been living in a dive basically, with cockroaches scattering across the floor when the light comes on and everything. The refrigerator barely works, only one burner on the stove works, there are stains on the wall. It’s nasty.

Of course, the brochure looks nothing like that. On the website, it looks like a pristine little set of apartments. I had to put down a deposit without seeing it before moving to Austin just so I’d have a place, and boy will I never make that mistake again.

But, there I was, in a new city, and I’d already put the money down, so I thought I could make the best of it. I moved in, bought some furniture, talked to the landlord, and it seemed like everything was going to work out alright. He said all the right things (recent renovation project, just haven’t gotten to your place, next on the list, sending the repairman, etc.). Since then, it’s been six months and nothing’s better. So, I fought back, which was probably stupid. I got worked up, and I stopped paying rent. I told my landlord I wouldn’t pay a cent until something was done about…everything.

Well, it worked out probably as you can guess. He used my refusal to pay rent as a way to kick me out.

Now, I’m homeless. It’s not that bad, I’m mean, it’s bad, but I’m not writing this sitting down an alley in a cardboard box. I’ve made some great friends here in Austin, and I have a place to stay while I look for something better. What I don’t have, though, is a place to put my stuff. My stuff is currently clogging the hallway of my friend, getting him yelled at by his far superior but still rather irritable landlord.

What I need is to find a place quick, but of course, now my work is keeping me there at all hours because we have a big project coming up.

In my few free moments, I found a place like looks really good, but I’m nervous about agreeing to anything again when I haven’t seen it in person.

I tell you, that situation really gets my blood up. My friend that I’m crashing with thinks I should sue, but I don’t have the money or the time for something like that. I’ll let it go, I’m sure, as I always do about these sorts of things. But I wouldn’t mind if the guy got struck by a lightning bolt crossing the street or something.

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 at 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.

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

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.