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/