Burns and Scarring Accident Cases

When someone suffers a disfigurement such as a burn or gash wound that becomes a scar, they suffer not only from the pain of the injury, but from the emotional pain of living with scarring at the injury site. The emotional injury of a scar or disfigurement can be worse than the actual physical pain and the injured party is entitled to compensation for both.

The Law Office Of Lisa has successfully reached settlements and verdicts in cases involving broken glass from a windshield breaking during a car accident, dog bite scars, burn scars, and scars caused by trip and fall accidents. Our smithtown NY Personal injury lawyer do so with sensitivity, compassion and expertise.

Children and Minor Accident Victims

Law Office of Lisa S. Fine, P.C. has a great deal of experience representing minors who are injured due to the negligence of others. Children’s claims must be handled differently than adults’. There are different statutes of limitations and more stringent requirements involved in the settlement of these matters.
Our smithtown NY Personal injury lawyer handling personal injury claims for a minor claimant must be aware that children under a certain age are automatically non sui juris, which means the child is not responsible for his or her own actions in contributing to the accident.

This is important as it means that a settlement or verdict should not be reduced to account for the contributory negligence of the child. It takes a special type of firm to handle children’s cases and children relate to our staff and to our attorney who is, herself a mother, and who makes even the most shy and frightened injured child feel comfortable describing the incident that caused him or her pain.

Ms. Fine understands the challenges inherent in representing a child who may be the only witness to their own accident, and will work with the child to patiently piece together the happenings of their unfortunate incident.

Trip and Fall Accident Cases

Trip and fall cases can be especially tricky, and have their own statutory guidelines and time frames that must be strictly adhered to. Law Office of Lisa's personal injury attorney smithtown has extensive experience dealing with municipalities and property owners in these challenging matters.

Claims against municipalities must be filed with the municipality by way of Notice of Claim within 90 days of the occurrence. Ms. Fine has attended hundreds of 50H hearings with the city and city agencies, and local municipalities, and has had successful settlements and trials against municipalities in trip and fall cases.

SUM/UM Motor Vehicle Accident Cases

Sometimes the party responsible for your car accident leaves the scene undocumented by police and without providing any information without which it becomes impossible to sustain an accident case against that party. Our personal injury attorney smithtown have a great deal of experience handling Uninsured Motorist or “UM” claims.

This type of claim is filed against the insurance company for the vehicle in which the injured party was situated at the time of the accident. It is different procedurally, as it stems from a contract based relationship between the insurance company and the insured.

The claim is generally heard by an arbitrator, rather than a jury, and requires an attorney who understands what it takes to persuade an experienced arbitrator to award money to an accident victim.

Another type of first party claim is a Supplementary Underinsured claim or “SUM”. This arises when the tortfeasor has only limited coverage, and tenders the full amount of that policy to the injured party. It is important that you hire an attorney who understands the ins and outs of sustaining a proper SUM claim. Lisa S. Fine has been successful in assisting clients in getting clients access to SUM benefits to compensate them for their personal injuries.

Automobile or Car Accident Cases

Law Office Of Lisa is fully familiar with the New York No Fault threshold statute, and can assist out clients in ensuring that their car accident claim will not be dismissed summarily by the Court. No Fault medical coverage, sometimes known as PIP, can be tricky to navigate in New York, and our firm understands the way the insurance companies evaluate the accident victims’ injuries through independent medical examinations by their hired doctors.

Failure to attend an independent medical examination or “IME” can result in cancellation of benefits. Our smithtown lawyer can assist you with any questions you have about these examinations, and will assist you with scheduling or rescheduling your appointments.

Many firms will reject cases if the injured party sustained what is known as “soft tissue” injuries. These type of injuries are more commonly known as whiplash and often involve disc injuries to the neck and back. Our firm has extensive experience dealing with soft tissue injuries, and understands the pain and suffering associated with these injuries.

The no fault statute in New York delineates what constitutes a serious injury. Ms. Fine has had success in sustaining claims for soft tissue injuries in conjunction with the stringent requirements of the threshold statutes. We view these cases as challenging, but welcome as we understand what needs to be done and can guide you through the process, making sure the proper evidence is documented in order to prove your case.

PERSONAL INJURY : Negligence Defined

In order to establish a claim for the Tort of Negligence or “Personal Injury” in New York the claimant must prove that the person or party responsible, the “tortfeasor” had a duty of care to the claimant, that the tortfeasor breached that duty of care, and that the breach of duty led to the claimant sustaining an injury. The standard for determining whether the tortfeasor breached the duty of care falls on what a “reasonably prudent person” would have done under the circumstances. A breach can occur through the actions, or sometimes the non-actions of a party.

For example, a party who knows about a defective condition on his or her property, but fails to repair that defective condition within a certain amount of time could be held responsible if someone is injured as a result of that defect. The party’s non-actions in failing to repair the defect can lead to that party’s accountability in Court for the injury of the claimant. Causation is important to establish as well in Personal Injury actions. An injured party is required to show that but for the negligence of the tortfeasor, the injured party would not have become injured. Our personal injury attorney smithtown
 help you determine if your injury was the fault of another party, and therefore actionable, under New York law.

Spousal Support/Maintenance : Neglect/Abuse Matters

Sometimes people find themselves, or their family members, in a situation where they are under investigation because of allegations of child neglect or child abuse. In more extreme cases, the children may be removed from the home by the County and placed with a relative or in foster care.

This can be the result of a contingent criminal proceeding such as an order of protection or DWI with a child in the car, or, in other cases, this is the result of a phone call to child protective services (CPS) by a mandatory reporter, such as the child’s school or therapist where there is the reasonable belief that the child is in danger of harm.

If the report is founded, the child can be removed from the home until the parent/guardian performs mandatory rehabilitation as prescribed by the court. When this happens, whether you are the accused, or someone hoping to step in as a temporary guardian for the child, contacting an experienced Family Court Lawyer is imperative. For more info visit : http://lfinelaw.com/family-law/

Spousal Support/Maintenance : Order of Protection

When someone harms or threatens to harm you, it may be necessary to seek an Order of Protection. An Order of Protection can be issued against a party to a Divorce by the Supreme Court, or against a family member or someone with whom you share an intimate relationship in Family Court.

 An Order of Protection can also be granted in a criminal proceeding. An experienced Family Law Attorney can assist you with your Order of Protection in Family Court and Supreme Court.
Click here for more information from NY Courts.gov on Orders of Protection. A party can seek an Order of Protection in a New York Family Court against a family member. For more info visit : http://lfinelaw.com/family-law/

Equitable Distribution

Figuring out how to divide assets and debts in a divorce case can be stressful and overwhelming. It is important to have an experienced Divorce attorney smithtown NY who can explain the process and protect your rights. The law defines what is considered marital property and what is considered a party’s separate property, but sometimes the lines can become blurry, especially in the case of a long term marriage.

A good example is when a party, or both parties contribute separate money toward the purchase of what becomes a marital asset, such as the Marital Residence. An experienced Divorce Attorney is needed to assist in working out who gets what in the event of a dissolution of a marriage.

In Long Island, it is not unusual for parties to have more debt than assets. Again, this debt must be 1categorized and then allocated upon divorce. Your New York Divorce Attorney can assist you by directing you to resources, and insuring that you do not leave the marriage with more debt than you should.

Retirement accounts require special consideration with respect to tax ramifications, timing of distribution and proper drafting of court orders to divide and allocate upon divorce. Our office will explain these matters and make sure you are directed to the proper resources to guide you through the division of your Retirement Accounts upon Divorce.

DIVORCE LAW

Divorce attorney smithtown NY is a complex and ever changing field which requires the assistance of a competent and experienced Matrimonial Attorney. Even if a matter is contested, our office strives to reach an amicable settlement of your case, if that is reasonably possible. If it is not, our experienced and compassionate attorneys and staff will assist you in litigating the best possible resolution of your matter.

Dissolution of Marriage-Grounds

An action for divorce may be maintained on any of the following grounds:

(1) The cruel and inhuman treatment of the plaintiff by the defendant such that the conduct of the defendant so endangers the physical or mental well-being of the plaintiff as renders it unsafe or improper for the plaintiff to cohabit with the defendant.

(2) The abandonment of the plaintiff by the defendant for a period of one or more years.

(3) The confinement of the defendant in prison for a period of three or more consecutive years after the marriage of plaintiff and defendant.

(4) The commission of an act of adultery, provided that adultery for the purposes of articles ten, eleven, and eleven-A of this chapter, is hereby defined as the commission of an act of sexual intercourse, oral sexual conduct or anal sexual conduct, voluntarily performed by the defendant, with a person other than the plaintiff after the marriage of plaintiff and defendant. Oral sexual conduct and anal sexual conduct include, but are not limited to, sexual conduct as defined in subdivision two of section 130.00 and subdivision three of section 130.20 of the penal law.

(5) The husband and wife have lived apart pursuant to a decree or judgment of separation for a period of one or more years after the granting of such decree or judgment, and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such decree or judgment.

(6) The husband and wife have lived separate and apart pursuant to a written agreement of separation, subscribed by the parties thereto and acknowledged or proved in the form required to entitle a deed to be recorded, for a period of one or more years after the execution of such agreement and satisfactory proof has been submitted by the plaintiff that he or she has substantially performed all the terms and conditions of such agreement. Such agreement shall be filed in the office of the clerk of the county wherein either party resides. In lieu of filing such agreement, either party to such agreement may file a memorandum of such agreement, which memorandum shall be similarly subscribed and acknowledged or proved as was the agreement of separation and shall contain the following information:

(a) the names and addresses of each of the parties,
(b) the date of marriage of the parties,
(c) the date of the agreement of separation and
(d) the date of this subscription and acknowledgment or proof of such agreement of separation.

(7) The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath. No judgment of divorce shall be granted under this subdivision unless and until the economic issues of equitable distribution of marital property, the payment or waiver of spousal support, the payment of child support, the payment of counsel and experts' fees and expenses as well as the custody and visitation with the infant children of the marriage have been resolved by the parties, or determined by the court and incorporated into the judgment of divorce.

Since it’s introduction to New York Divorce Law, DRL 170(7) has become the most commonly used grounds for divorce for the simple reason that it is easy to prove, requires no corroborating evidence and is New York’s No Fault Divorce Law. Even when a party alleges other grounds for divorce, it is common for the parties to settle on DRL 170(7) Irretrievable Breakdown of the Marriage. Under those grounds however, the statute requires that all other issues be resolved, such as attorney fees and distribution of assets and debts. Therefore, a Court generally will not grant a divorce on DRL 170(7) grounds on default. This is why it is important to consult with a competent New York Divorce Lawyer to make sure your action for divorce will be granted and your marriage can be dissolved under New York Divorce Law.

WRONGFUL DEATH

Nothing can devastate a family more than the loss of a loved one through the negligence of another. Whether it’s a medical malpractice matter, or a car accident, there are remedies available to the family whose loved one’s life was suddenly cut short.

Both economic and compensatory recovery is available to the family who loses a loved one through the negligence of another. The attorneys at Law Office of Lisa S. Fine understands the mechanics of insurance coverage for wrongful death matters.

Our team of experts will work with the family to determine the nature of those damages to maximize recovery. More importantly, we will do so with the compassion and empathy often lacking in New York attorneys. We understand that this is a trying and emotional time for you, and you need to rely on someone with experience and aptitude to handle your wrongful death case.

If you have lost a loved one due to the carelessness and negligence of another, contact our office for a free consultation today. For more info visit : http://lfinelaw.com/wrongful-death/

BUSINESS AND COMMERCIAL : Collections

Collections can be a frustrating aspect of running a business. Whether it’s medical professionals and doctors who are seeking payments from defaulting patients or general business collections, contact us to do the collections work for you.

We have available in-house collections agency and attorneys ready to litigate on your behalf. Let our firm worry about the monies due to your business, leaving you time to actually run your business. We can also advise on language to include in your client contracts to assist you in collecting costs and attorneys fees in the event that collection becomes necessary. For more info visit : http://lfinelaw.com/business-and-commercial/

Existing Businesses: Contract Disputes

Once up and running, businesses sometimes encounter contract disputes with vendors, or other businesses or individuals. Our firm can assist you with any contract disputes that you may have with individuals or other companies alike.

Our principal Lisa S. Fine, Esq. is an experienced contract attorney and acting Arbitrator on commercial contract disputes for the American Arbitration Association. Ms. Fine understands first hand the nuances of contract law in New York, and our smithtown lawyer assist you in negotiations to resolve contract disputes, and if necessary, litigate your matter in a New York Court.

Starting a Business : BUSINESS AND COMMERCIAL

When starting a business in New York, you will need to decide what the best legal structure is for that business. Whether it’s an LLC, corporation, d/b/a or partnership, our attorneys can assist you from start to finish. We can set up your corporation, including issuing any stock certificates, corporate kit and paperwork.

If there are more than one participants in the business, we will draft the appropriate partnership, shareholder or member agreement to suit your needs. Our smithtown lawyer can assist you with the drafting of customer contracts, non-disclosure agreements, and business to business contracts to protect your business from its inception.

Family Offense Petitions

A party can seek an Order of Protection by filing a Family Offense Petition in Family Court, or, if they have a divorce proceeding pending, in Supreme Court. A Family Offense Petition must allege that a party committed a criminal offense against the petitioner, as that term is defined by statute. It does not necessarily have to be a physical offense, such as assault and battery, but the more serious the offense, the more strict the order of protection will be written.

There are typically two types of Orders of Protection. One type is known as a “stay away” where the offending party is required to stay away from the home of the petitioner, as well as their work place, school, etc. Sometimes this Restraining Order will cover the party’s children as well, again, depending on the nature of the offense. The other type of Restraining Order issued is known as a “refrain from”.

This means that the offending party is ordered to refrain from harassing, disturbing, and various degrees of contacting the Petitioner. Again, where there are children involved and a visitation schedule is in place, curbside pick up and drop off and limited contact regarding the children may be permitted by the Order. For more info visit : http://lfinelaw.com/family-law/

Child Support Modification

Modifying child support used to be a difficult task. Even if a party responsible for child support loses his or her job, that party is still responsible to continue to look for work, or even become under-employed in order to stay on top of support payments. Courts have hardly been sympathetic to parties who did nothing to better their situation in those instances.

Recently, however, the New York State Child Support laws have changed to permit modifications where there has been (1) a substantial change in circumstances, (2) three years have passed since the order was entered, last modified or adjusted, or (3) there has been a change in either party’s gross income by fifteen percent or more since the order was entered, last modified, or adjusted. Parties can opt out of numbers 2 and 3 in an agreement, but not out of option one. To know more about Child support from our smithtown NY Family lawyer visit : http://lfinelaw.com/

FAMILY LAW : Child Support

Once custody, even temporary custody is established by one party, that party has the right to seek Child Support from the non-custodial parent. Child Support in New York is governed by the Child Support Standards Act, which is essentially a statutory formula that takes into consideration the parents’ combined incomes, and assigns each parent a pro-rata share of the support obligation. Click here (make a link) to view the Child Support Standards Act (CSSA).

The Child Support Standards Act is presumed to result in the correct amount of support. Currently, the Courts in New York will apply the parents’ combined income to the formula set forth in the Act up to the current statutory cap of $136,000. Recent legislative amendments to the Act have resulted in a Cost of Living Adjustment based on the CPI index to be applied every two years. In January 2012, the amount changed from $130,000 to $136,000. The next scheduled adjustment is January 2014. Applying income over the statutory cap in child support cases is possible, and is in the discretion of the Judge or Magistrate based on the statutory deviation factors provided in the Child Support Standards Act.

A Family Court Magistrate, or a Supreme Court Judge can order child support. Child support is payable regardless of whether the parents were ever married. Cases involving unmarried parents is handled by a Family Court Magistrate, while child support matters involving divorce or separation will be handled by a Supreme Court Justice. Once child support is ordered, payments can be made directly by one parent to the other. Payments can also be made through an income execution, where the monies are taken directly from the payer's paycheck. Child Support is not taxable as income to the recipient. Similarly, the payer of Child Support is not eligible for a tax deduction for their payments.

Besides basic Child Support, a Judge or Magistrate can order payment of additional expenses, known as add on’s, such as unreimbursed medical expenses, extra-curricular activities, educational needs and day care. Additionally, a party can be ordered to provide or contribute toward medical insurance, and may be required to hold a policy of life insurance designed as security for child support.

Failure to make child support payments is an offense punishable as a contempt of court. If a violation proceeding is brought against a payer of child support for non-payment, that violation is presumed to be a willful violation. This means the payer has the burden of proving extenuating circumstances for non payment of support. Non-payment of Court Ordered support is punishable as a contempt of court, and a party can find their drivers’ license revoked, or even be subject to jail time in the event that they lose a violation proceeding. For more info regarding smithtown NY Family lawyer visit : http://lfinelaw.com/

FAMILY LAW : Custody and Visitation

A custody trial can be one of the most stressful events for a parent to endure. There is the concern, of course, of the outcome, coupled with the effect of the trial and outcome on the children, complicated of course by the mounting costs of the litigation. During the process, both parties begin a campaign of mudslinging and life under a microscope can be stressful and exhausting for all involved.

During the court action, various applications are made for temporary custody and parenting time. The process begins when one party files a petition with the Family Court for custody or parenting time. Then the other party can cross file creating a situation where the Family Court Judge has to decide the outcome. This will be done after a hearing or trial where the Judge will hear evidence from witnesses, and view documents all of which will determine the fitness of the parent seeking custody, or time with the child.

Often there is the appointment of an smithtown NY Family lawyer for the Child, previously known as a Law Guardian. This is a court appointed attorney who will represent the children’s interests in the custody or visitation proceeding. The Attorney for the Child will meet with the children and, depending on the age of the child or children will represent the child’s desires in the outcome of the proceeding advocating for the position of the child in which parent he or she wishes to reside with.

Additionally during the matter there is often the appointment of a forensic expert chosen by the Court. This is a psychologist, social worker or psychiatrist who will meet with both parties and the children and proffer a report containing his or her findings. That expert may be called by either party as a witness to testify at the trial regarding the findings. The Court will weigh the expert’s testimony in determining which parent the children should reside with and how the parenting time schedule should work. The expert will also give testimony regarding decision making for the children.

There are multiple factors that the Judge will consider in a custody trial, all of which exist to assist the Judge in determining the Best Interests of the Child. These factors have been developed over time through New York case law. In evaluating a custody case, the Judge will look at which parent had been the primary caretaker, and for how long the current custodial arrangement had been in place; the need for stability and continuity in the child’s life; the financial abilities of the parents; the work schedules of the parents and the need for day care for the children; the quality of the environment at the child’s home; the guidance provided by each parent; the ability of each parent to provide for the emotional and intellectual development of the child; the relative fitness of a parent; in older children the Court will consider the desires of the child; the Court will look at the ability of each parent to encourage the child’s parental relationship with the other parent, fostering feelings of love and affection in the child for the other parent; siblings and relationships with other family members are considered; the Court also looks at the existence of physical or mental abuse of one party to the other, even if it does not occur in front of the children.

Law Office of Lisa S. Fine, P.C

Lisa S. Fine, Esq., is a general practitioner with over a decade of experience in various areas of law. Our clients are not just case numbers or files to us, but human beings who have concerns and questions about an often confusing and sometimes scary situation. We believe that questions should be answered in a timely and comprehensive fashion and clients should receive frequent updates and status reports during the course of their legal action.

Whether it is a complex family matter or an automobile accident, every matter is handled with the same amount of care, professionalism, and proficiency. Every client is afforded the consideration and treatment as would be given to a family member or close friend. The motto “treat others how you would wish to be treated” was a founding principal for our firm. We welcome you to explore our website to find out more about the different practice areas and about our attorney, Lisa S. Fine. For more info visit : http://lfinelaw.com/

Personal Injury Attorney Long Island

If you or one of your loved ones is injured in an accident, you need an experienced Smithtown NY Personal injury lawyer like Lisa S. Fine who understands the practice of personal injury law in the New York Court system. Injuries sustained in an automobile, trip and fall or other type of accident must be documented by medical professionals. There are certain deadlines and timelines that must be followed in these situations to sustain your claim and insure coverage, and finding the right personal injury attorney right away is crucial.

The principal of our firm, Lisa S. Fine, has been practicing in the field of personal injury law for over 15 years. She has handled hundreds of car accident, trip and fall and other types of cases against municipalities, including the City of New York, and has successfully tried and settled cases against major insurance companies including Allstate, Geico, Hartford, Progressive, State Farm and Liberty Mutual. Her experience, empathy and passion have led to success in guiding injured clients through the process, ensuring they receive proper medical care and coverage for that care, and have resulted in many successful negotiations and trial verdicts.