Car Accident as Personal Injury

In many cases when a car accident occurs, the victim who is not at fault has a viable personal injury lawsuit possibility against the driver who caused the accident. If the accident is the result of any type of reckless driving, speeding, running a red light, going through a stop sign, or drunk driving, the person who caused the accident because of their negligent behavior may be held liable for any damages.

Victims of a car accident can immediately suffer pain because of broken bones, fractures, burns, or other injuries. They may also suffer financially because of lost income, car repair costs, and medical bills, especially if they have inadequate or no health insurance. There can also be many lasting damages from a car accident including back injuries, chronic pain, scars, surgeries, injuries requiring physical therapy, or loss of any physical abilities. There are also mental and emotional repercussions from car accidents. Many victims find themselves suffering from anxiety, depression, post traumatic stress disorder, or nightmares.

The driver at fault in an accident can be found guilty of negligent behavior that caused the accident. This driver is therefore legally responsible for the personal injuries suffered by the victim and should be held accountable.
Retaining the services of a personal injury lawyer is one of the best things a victim of a car accident can do. Dealing with insurance agencies and even law enforcement personnel can be highly confusing and frustrating. Making any types of mistakes with paperwork or legal filing procedures can cause delays with the lawsuit or can even make the lawsuit invalid. For a person who has suffered and is depending upon insurance awards or other financial compensation, it is crucial to have legal professionals handling the case.

What to do if you are pulled over

It is a sight no driver likes to see: flashing police lights in the rear view mirror. Obviously, it is never a good idea to try and avoid pulling over if a police officer is ordering you to do so. Evading an officer is a serious criminal offense and a conviction will likely include jail time. Instead, drivers should slow down, turn on their turn signal, and quickly look for a safe place to pull over. Remain calm and give the officer your name, driver’s license, and auto insurance information. Keep your hands in view since officers are trained to be prepared for drivers with weapons. Do not become distracted by other passengers in the car, and definitely do not get on your cell phone.
It is not necessary to admit any type of guilt or innocence to the officer; answer questions with a simple “Yes” or “No” and do not offer any unsolicited information. Do not argue with the officer, even if you are sure that you did not commit any type of traffic offense. You will get your chance to contest the ticket in court. Be polite to the officer since they are probably monitoring your behavior and are more likely to negotiate with cooperative drivers.

If you are issued a traffic ticket, it is okay to sign the ticket; this does not mean you are admitting guilt, just that you are acknowledging the receipt of the ticket and are agreeing to appear in court or pay the fine. If you plan to contest the ticket, you should immediately record everything about the event and get pictures or witness statements, if possible.

Keep in mind that officers do have the right to ask you to get out of your car if they have probable cause that some illegal activity is taking place. If the worst happens and you are arrested, the officer must read you your Miranda rights. You have the right to remain silent and you should not say anything until your lawyer is present.

How SSDI benefits are determined

The Social Security Administration (SSA) appoints a special office called the Disability Determination Services to review claims for Social Security Disability Insurance (SSDI) benefits. Applications will go to the office in the state where the applicant lives. The office uses a five step process to determine if benefits will be granted.

These five steps are as follows:
1. If the applicant is currently working and earning an income over a certain amount, the office generally does not consider them disabled. If they are working but earning less than the average amount for their geographic area, the office will closely consider at their application. The average earnings dollar amounts change every year with the SSA based upon actual reported incomes.

2. The office will determine if the applicant’s medical condition is severe enough to prevent them from working for at least one year by limiting common work activities such as walking, sitting, lifting, or using memory skills; this is how the SSA defines a disability.

3. The agency will consult the SSA’s official List of Impairments to see if the applicant’s medical condition is listed. Examples of impairments can fall within major categories including musculoskeletal impairments, respiratory problems, mental disorders, immune system disorders, skin diseases, or cardiovascular problems. If the applicant’s condition is not on the list, this is not an automatic disqualification for the applicant; instead, the agency will decide if the condition is as severe as those listed.

4. The state office will look at the type of work the applicant was doing before the alleged disability and whether it can be performed again, even with the medical condition.

5. If the applicant cannot do the type of work they did before, the agency will determine if there are other types of work available based upon the applicant’s age, education, other skills, and work experience that would allow the applicant to earn a reasonable living wage.

If the application makes it through all five steps, the state agency will generally find that the applicant is disabled and eligible for SSDI benefits if there are no types of work they can do.

Municipal Court Appeal in Passaic Superior Court Won by Rosenblum

Municipal Court Passaic NJ

Passaic Municipal Court

In this case, the defendant was charged with violating the statute that prohibits cell phone use while driving – NJS 39:4-97.3(a). The case came before the Passaic Municipal Court (Hon. Debbie Klugler Irwin, J.M.C., presiding) on March 15, 2010 for arraignment and on April 15, 2010 for trial. At the arraignment, Judge Irwin stated that “You’re charged…with being on a cell phone without a hands-free device in violation of 39:4-97.3(a). That includes looking at your phone, texting, picking up the phone, being on the phone.” At trial, testimony revealed that on January 15, 2010, the defendant was driving in the City of Passaic and was pulled over by Officer James Perri of the Passaic Police Department. The officer testified that he observed the defendant operating his motor vehicle with “one hand on the steering wheel and the other hand holding a cell phone in front of his view…not directly in front of his face but like kind of tilted down to the right.” After the officer testified, Judge Irwin permitted the defendant cross-examination but the defendant stated “I have nothing on cross, Your Honor.” The State rested. The defendant then moved to dismiss based on the fact that the prosecution “failed to establish use.” The judge then denied the defendant’s motion. The defendant then attempted to lay the foundation for admission of his cell phone and Bluetooth wireless device into evidence. The judge refused to consider admitting the devices into evidence stating “I’m not – he can look at it but it’s not coming into evidence. Continue.” The defendant then attempted to question Officer Peri. The judge did not allow the defendant to question the officer as part of its case-in-chief stating that “You can’t call the – you’re — wait a second…you had an opportunity to cross-examination [sic] the officer…I’m not going to give you an opportunity now to do what you could have done on cross-examination”. The defendant was ultimately convicted of violating NJS 39:4-97.3(a).

The Rosenblum Law Firm took an appeal of the Passaic Municipal Court decision to Passaic County Superior Court. Superior Court Judge Hon. Jared Honigfeld ruled that the Passaic Municipal Court judge erred in (a) not allowing counsel to have the items marked for identification and (b) taking the position that because counsel waived cross-examination of the officer he had no right to call him as a defense witness as part of his case-in-chief. Judge Honigfeld ruled that the Passaic Municipal Court judge should have permitted defense counsel to have the items marked for identification and should have allowed defense counsel to call the arresting officer as its witness. Judge Honigfeld reversed the conviction and ordered a new trial, remanding the case back to the Passaic Municipal Court.

Catskills Police and Speeding Ticket Volume Increases Significantly

The MidHudsonNews website reports that in the months of July and August Sullivan County New York triples as visitors from all over the state, especial the New York City area visit the Catskill Mountains area.

This year, like every year, Sullivan County Sheriff Michael Schiff asks for additional police presence to assist in patrols. The county legislature approved the hiring of six additional deputies for three months.

“I’m going to be down seven to eight deputies this summer and the six will bring me up to where I should have been,” he said. “I am very glad the legislature saw their way to give me those deputies for the summer. They will be very important for our office and for the public.”

The Sheriff’s Office issues a high volume of Monticello speeding tickets and the New York State Police also issue a significant volume of traffic tickets in the Castkill area.

Divorce in New York

To file for divorce in New York, at least one of the parties must meet the residency requirement and must have lived in the state for at least one year. Legal grounds for divorce in New York include:
• Adultery
• Cruel and inhumane treatment
• Imprisonment of either spouse
• Abandonment for at least one year by either spouse
• Living separate and apart for at least one year.

New York is an equitable distribution state, which means that all marital property is divided. This does not mean that property is divided in half if the court determines that is not equitable. The court usually allows separate property that was acquired before the marriage to remain with the original owner. Separate property may include inheritances, gifts, or purchased property.

Alimony may be granted to either spouse. The court considers many factors when determining alimony, including: the duration of the marriage and the standard of living established; the contribution of both parties to the marriage, including contributions as a homemaker; whether the party seeking support sacrificed their own career for the advancement of their spouse’s career; the financial resources of both parties, including the ability of the party seeking support to find employment; and the present and future earning capabilities of both parties.

Either parent may be granted child custody of minor children in a sole or joint capacity. Physical custody describes where the child lives; legal custody gives the parents the right to make informed decisions about the child’s upbringing. Visitations rights may be awarded to the non-custodial parent. Child support is calculated using an Income Shares Model. Other factors include: the income resources of both parents – adjustments may be made if one parent has a significantly higher income than the other; the financial needs of the child, including any special health or educational needs; and other financial obligations of the parents.

A premarital agreement will usually be honored if the court finds that it was legally constructed and signed voluntarily by both parties. Premarital agreements usually address issues with property division and spousal support. After a divorce is final, either party is free to return to a former surname.

Social Security Denial: The Appeals Process

When someone applies for Social Security Disability Insurance (SSDI), the Social Security Administration (SSA) will review their application and then send a letter informing them of their decision to approve or deny the request. The SSA receives many applications for SSDI and it is possible that they deny a perfectly legitimate claim. Common reasons for a denial include:

• Insufficient application, including missing personal information about the applicant, incomplete paperwork, or missing paperwork
• Insufficient proof of medical disability; the SSA requires applicants to provide medical documentation proving their inability to work because of a qualifying disability.

Individuals who are initially denied SSDI have the right to appeal the decision. They must send a written request to the SSA within a certain period of time. If they miss the window of opportunity, they must file an entirely new application.

There are different levels to the appeals process:

1. Hearing – an administrative hearing will be held before a judge who has no prior knowledge of the case; the applicant will try and prove the nature of their disability, when it began, and why they can no longer work. They can present new information in addition to their original application and call witnesses to help their case. It is not imperative that the applicant be present at the hearing, but it almost always will help their case to be there in person.
2. Appeals Council – if the request for benefits is denied after the administrative hearing, the applicant may then ask for a review from the Social Security’s Appeals Council; however, the Council has the right to deny the review if they agree with the decision from the administrative hearing. The Council can review the case itself or send it back down to a different administrative judge.
3. Federal Court – the final appeals step is to file a lawsuit in federal district court.

The appeals process can be long and frustrating. Most people chose to appeal with the help of an attorney who specializes in social security law. This is because having legal representation will increase the chances for a successful appeal.

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