New York Appeals Attorney

New York Appeals Attorney I, Ann L. I give personal attention to every client, and I advise all prospective clients f

Detiere - Attorney at Law, am a lawyer in New York, NY, and have more than 30 years of experience in the region and have offices in both Manhattan and Long Island.

10/08/2020

Old Model Guardrails and Car Crashes
Sometimes, car crashes are so significant that the trauma is something most people can’t imagine. There may be unusual circumstances that lead to particularly gruesome injuries or deaths, which is something no one wants to have to be a witness to.

In an Aug. 23 report, the severity of a person’s injuries drew into question the safety of guardrails in car crashes. The crash, which happened in Massachusetts, could have happened anywhere in the country. The guardrail impaled the vehicle upon impact after the driver swerved to miss an animal.

The guardrail went on to slice through the vehicle, causing injuries to two passengers. One, the front-seat passenger, had to be cut out of the vehicle. He suffered seriouswounds. The other, a 4-year-old girl, was struck in the head by the guardrail while in her car seat. Fortunately, the driver was not seriously hurt.

Although previous news reported the dangers of the X-LITE guardrails, those were not involved in this case. This guardrail was made of stainless steel and had a rounded end. The Northbridge Highway Superintendent reported that it was an older model and wasn’t intended to absorb the shock of a crash in the way other, newer models do.

Situations like this can be a shock, particularly when it’s a guardrail that causes serious injuries. Like with other cases, if the device does not work properly or causes injuries to those inside, there could be a chance for the victims to claim compensation from the state or the manufacturer of the guardrail. There are always factors to consider, even in a single-vehicle crash.

09/02/2020

When Should My Elderly Parent Stop Driving?
If an elderly parent is showing signs of cognitive or physical decline, one may need to have a tough conversation. An older adult whose capacity to drive is diminished by age or health problems can be a real risk to themselves and others on the road. Drivers who are aged 75 years and older have higher accident fatality rates than younger drivers between the ages of 35 and 54 years old.

Beyond the impairments than come along with age, older individuals are more likely to get seriously hurt in crashes, compared to younger drivers. Also, common car accident injuries take longer to heal for elderly victims. It is important to learn about unsafe driving in the elderly age group to ensure the safety of loved ones and other drivers.

How Does Age Impact Driving Skills?

There are several reasons why older drivers are more likely to be involved in car accidents. Three-quarters of people over 65 years old use at least one medication that may alter driving performance. Reduced range of motion, flexibility, and muscle weakness can make it tough for seniors to perform the physical tasks involved in driving, such as turning the wheel and applying the gas and brake pedals. Some studies show older drivers are less adept at seeing oncoming vehicles. Also, older drivers may not be able to adequately judge speed and distance. Crashes involving older individuals tend to occur most often at stop and yield signs, and where drivers are making left-hand turns.

When Is It Time to Stop Driving?

It is normal to experience change with age, but some people experience more debilitating issues than others. It can be tough to determine if loved ones have declined to a point where it is no longer safe for them to drive. Some signs that an elderly parent should not drive include:

- Vision and hearing impairments
- Previous accident history, including fender benders
- Running stop signs and stop lights
- Showing signs of memory loss and confusion
- Driving too slowly
- Having medical conditions or taking medications that impact the ability to drive

Another way to tell if an elderly loved one should stop driving is when passengers feel unsafe or witness unsafe driving behaviors of the elderly parent.

How Should I Talk to My Elderly Parent?

Pfizer and Generations United conducted a survey of adults with elderly parents, and the results were surprising. More participants said talking to a parent about driving retirement was more difficult than discussing finances, wills, and final wishes. The following are tips to help make the process easier:

Approach the Conversation with Empathy and Kindness

Getting older is inevitable. Imagine how one might feel in the same situation as an older parent. Avoid being confrontational and assure that the parent is loved and supported. Reinforce the message that their safety and the safety of others should be the top priority.

Choose the Right Time and Place

Older parents should not feel attacked or defenseless. Talk to them at home or wherever they feel most comfortable. A sibling, friend, or other loved one they trust most should be the person to bring up the subject. The ideal time to talk might be after a change in health or after an accident or ticket.

Share Reasons for Concern

Some seniors are likely to shrug off a loved one’s concerns and insist they are fine to drive. It is helpful to have concrete examples to make points more convincing. One should mention if they recently received a ticket, had an accident, or a health condition that might affect driving, as uncomfortable as it may be. It can be helpful to use open-ended questions to initiate conversations. This way, a parent can reflect on their situation and feel empowered to make their own decisions instead of feeling forced to give up their driving privileges. Some important topics to discuss include:

- Doctor appointments
- Vision and hearing evaluations
- Side effects of medications
- Determining if the parent feels confused while driving
- Consider Limited Driving

If one has concerns about their parents’ driving abilities but do not feel they are at a point where they need to stop completely, try making a few adjustments to reduce their risk of serious crashes while helping them stay independent. Some adjustments include making sure they drive during the day and in good weather. Also, driving should be local; it is important for them to avoid major roads and high-traffic driving times. If one feels a limited driving plan is best for their parent, continue to assess their abilities going forward. It may be smart to schedule a driving test with the local motor vehicle agency as well.

Create a Plan for the Future

Talking about new ways to keep parents independent will help ease the blow of taking away their keys. Discuss among family who can help the elderly parent get where they need to be. Research programs and services in local areas to help seniors stay active to avoid isolation.

What Should I Do if My Parent Is Reluctant to Stop Driving?

Not every parent will give up the car keys willingly. If their safety is at stake, one may need to take more drastic measures. Start by speaking to their primary care physician. Unfortunately, if they will not listen, one may have to take legal action to prevent them from driving. If that happens, their driver’s license will be replaced by a state ID. While this is a last resort, it is necessary for some families; the alternative is daunting. Imagine how the family would feel if one’s parent seriously injured someone in a motor vehicle accident. Additionally, one can contact a trusted car accident lawyer to find out how to go about requesting a driver review for an elderly parent.

How Can an Elderly Parent Remain Independent After Driving Retirement?

Depending on where one lives, one might be pleasantly surprised to learn about the wide range of benefits and services available to seniors, including county transportation services to take residents to grocery stores and doctor appointments. Other ways to help elderly parents when they stop driving include:

- Rideshare services, like Uber and Lyft
- Hired caretakers to help them with errands
- Schedules that divide errands among family members and friends
- Delivery services for medications and groceries

Empowering Seniors to Stay Safe and Independent

For many seniors, the loss of driving privileges can have serious effects. It can be traumatic, and driving retirement is shown to increase the risk of depression. While it may be an inevitable step in a parent’s life, it is important to be mindful about how it is approached. Talk about the subject openly and honestly, well before they reach a point where they are a danger to themselves and others.

Consider how this change will impact daily activities, freedom, and their independence. Guide loved ones through the process and help them access alternative transportation. With love and support, parents can stay vibrant, engaged, and social, even if they are no longer driving. If a loved one is in an accident, a car accident lawyer should be contacted to ensure compensation is obtained. Additionally, a lawyer can help with driving reviews for elderly parents.

08/31/2020

Excessive Overtime - Why Is It Dangerous for Workers?
Overtime hours can be optional or mandatory, and the most obvious benefit for workers is that overtime leads to additional pay. This extra money can help pay off debt, allow families to take vacations, and be used for holidays and other expenses. Although companies may have the disadvantage of having to pay workers more, overtime can lead to increased levels of productivity. Having more services and products available to customers at a faster pace can help businesses earn more profits.

However, employees can also face disadvantages from working overtime, especially if it is excessive. Aside from having less time to spend with family and friends, they can experience burnout. The benefits of the extra wages can be overshadowed by stress and fatigue. Employees in these situations are often less productive and may dread going to work. Even worse, excessive overtime can be dangerous for workers.

What Are Extended Hours?

A normal work week consists of eight-hour days that are worked consecutively over five days. Work shifts that add additional hours in a day or more consecutive workdays in a week are thought to be unusual or extended; this also includes evening work. Extended hours may be mandated in certain situations where there is a need to maximize limited resources. This could be a factor in unusual situations, such as:

- Facilities opening after being shut down for long periods of time.
- Emergency response to a health crisis.
- Emergency response to a terroristic threat.
- Construction workers needing to work at night because an office building is occupied during the day.
- Product recalls that have to be addressed.
- Special events, such as weddings, sports events, and concerts.

The populations most likely to work overtime and unusual hours are first responders, health care providers, law enforcement officers, firefighters, construction workers, service and hospitality workers, military personnel, and transportation workers. The Occupational Safety and Health Administration (OSHA) does not have standards for regulating unusual and extended work shifts, however, it does have guidelines that can help workers and employers stay safe.

How Does Fatigue Impact a Worker?

Working longer hours can cause mental and emotional stress. Additional hours can interfere with a person’s internal clock, causing fatigue and the inability to concentrate. When sleep patterns are disrupted by night work, it is very difficult for people to acclimate to a new schedule. Often, the body will not adjust to working all night and sleeping all day; this does not offer full sleep recovery. Some people are able to adapt, but it can take weeks. Sleep deprivation can be dangerous since the fatigue it causes accumulates and becomes debilitating. Fatigue symptoms include the following:

- Significant tiredness
- Lack of concentration
- Reduced alertness
- Lack of motivation
- Depression
- Irritability
- Loss of appetite
- Digestive disorders
- Headaches

Can Fatigue Lead to Serious Health Problems?

Chronically fatigued employees are also susceptible to other illnesses, such as high blood pressure, mental injuries, repetitive stress injuries, back injuries, and substance abuse disorders. They can also experience chronic issues, like certain cancers, reproductive problems, heart disease, and musculoskeletal disorders. Employees with epilepsy and diabetes may find their conditions have worsened after working excessive overtime. Studies have also shown that these workers also have higher su***de rates.

It is not uncommon for overworked individuals to experience problems with their families and social lives. A study by Cornell University looked at a group of people who worked 50 to 60 hours a week. Ten percent of these workers claimed that they had serious work-family conflicts. Workers who averaged 60 hours per week had a higher percentage of these conflicts at 30 percent. Also, working overtime was a contributing factor to weight gain, depression, and to***co and alcohol consumption.

Fatigue Causes Workplace Accidents

It goes without saying that fatigue is a major cause of workplace accidents. It is reported that workers are three times more likely to be involved in accidents after working for over 16 straight hours. Another study shows that employees who are working more than 48 hours in one week may be five times more likely to end up in a car accident while driving to and from work.

According to OSHA, accident and workplace injury rates are increased by 18 percent during evening shifts and 30 percent during night shifts when compared to day shifts. OSHA also claims that working 12 hours in one day causes a 37 percent increase for a work injury to occur. Additionally, worker fatigue and decreased alertness contributed to the worst industrial disasters in history, such as Three Mile Island, Chernobyl, and the space shuttle Challenger explosion.

Moreover, fatigued health care workers can cause patient-care errors, including administering the wrong medications or making mistakes during procedures. Tired workers in these settings also experience the risk of occupational illnesses, including unintended exposure to blood and bodily fluids.

How Can Fatigue be Managed?

It is estimated that the annual cost of fatigue-related injuries in the health care industry is approximately $136.4 billion, so addressing the problem of worker fatigue is also in the best interests of employers. Well-rested, alert workers are more productive, satisfied, and much safer to have around. Some national organizations and federal agencies have put together fatigue risk management programs that may be helpful:

United States National Response Team: A group that provides practical information to disaster workers.

International Petroleum Industry Environmental Conservation Association: This association represents the global oil and gas industry. They help occupational health practitioners and industry supervisors recognize, understand, and manage workplace fatigue.

American College of Occupational and Environmental Medicine: They offer important concepts to develop a fatigue risk management system.

Federal Aviation Administration (FFA): The FAA has training and education programs, assessment tools, and guidelines for creating a workplace fatigue management system.

United States Coast Guard: The U.S. Coast Guard provides ways to control risk factors that are detrimental to shipboard safety and crew, and member performance in the commercial maritime industry.

How can Workers Combat Fatigue?

Better sleep hygiene leads to improved sleep quality. On average, everyone needs seven to nine hours of uninterrupted sleep each day. The bedroom should be cool, quiet, dark, and comfortable. Blackout shades and noise machines can aid in this. It is also a good idea to avoid consuming heavy meals, caffeine, or alcohol several hours before bedtime. Regular exercise and a balanced diet are also conducive to better sleep.

People who must work evenings and nights should ensure that they have slept at least eight hours before they have to return to work. Naps should last less than 45 minutes or more than two hours; this permits for a complete sleeping and waking cycle. If sleep deprivation is still a problem, it is recommended to speak with a medical professional. If a worker is injured on the job, he or she is entitled to Workers’ Compensation benefits. Speaking to a Workers’ Compensation lawyer after a workplace accident is extremely helpful. A lawyer will ensure that one’s rights are protected and will assist with filing a claim.

08/29/2020

Personal Injury FAQs
Some of our law firm's most frequently asked questions are:

WHAT IS A PERSONAL INJURY ATTORNEY?

A personal injury attorney is a lawyer who has experience with legal cases that arise after an accident. Any time an injury occurs, a personal injury attorney is a valuable asset. Vehicle accidents are the most common causes of personal injury. We help dozens of car accident victims every year in Bowling Green.

Other common injuries we see are slip and fall accidents, workplace injuries, and injuries caused by defective
products or prescription drugs. Personal injury cases fall under the category of “tort” law. A tort occurs when someone else takes an action (or sometimes fails to take an action) that injures another person.

WHAT DOES A PERSONAL INJURY ATTORNEY DO?

A personal injury attorney helps accident victims by handling the process of recouping some or all of the losses they have suffered during and after their accident. An attorney will build a personal injury case by speaking to witnesses, gathering medical records, reviewing police reports and much more. In some cases, they will work with the victim to ensure they are receiving necessary medical care. When a settlement needs to be negotiated with the insurance company, a personal injury attorney will speak on the victim’s behalf to ensure a fair settlement is reached. If he or she cannot work out a settlement, the attorney will determine if the case needs to go to trial.

WHEN DOES SOMEONE NEED A PERSONAL INJURY ATTORNEY?

After involvement in any type of accident you should speak with a personal injury attorney. They can explain what your legal options are. If an insurance company that is not your own is attempting to contact you after an accident, speak with an attorney first.

HOW MUCH DOES A PERSONAL INJURY ATTORNEY COST?

Many people find themselves struggling financially after an injury. Serious injuries can mean being physically unable to perform tasks which can lead to extended time off work or the loss of a job. Our office offers clients the ability to work with the firm on a contingency basis. This means that if the case does not result in settlement or compensation for the victim, nothing is owed to the firm. There are no hourly fees, and the firm will handle the costs associated with working on the case. If compensation is awarded to the victim, then the firm will be paid a pre-negotiated percentage of the damages awarded. Any specific questions you may have about this arrangement can be discussed during your free consultation at our Bowling Green office.

WHAT HAPPENS AT A CONSULTATION?

The potential client and the lawyer will interview each other in an initial consultation. The lawyer will evaluate various aspects of the accident and injuries to determine if a case can be made.

Clients should ensure that they are comfortable with the lawyer from both a personal and a professional standpoint. This is a prospective client’s opportunity to ask about the attorney’s experience and qualifications. You’ll be educated about what the process will be like and what to expect. Victims also typically have many “what if” questions. Potential clients are under no obligation to hire the lawyer after a consultation.

PERSONAL INJURY ATTORNEYS OFFERING FREE CONSULTATIONS

At Hughes & Coleman Injury Lawyers, we understand that you are going through a difficult time right now. You may have mounting questions and medical bills and are unsure about what to do or if you even have a legal case. Understanding the law and dealing with insurance can be especially overwhelming when you are already struggling with physical and emotional trauma. That’s why our law firm, like many others, never charge for your first consultation.

An experienced attorney on our team who understands your type of situation will evaluate your case at no charge to help you understand your legal rights and options. You will not be pressured to make a decision you are not comfortable with. The purpose of your initial consultation is for you to get the answers to your questions and peace of mind knowing that if you do choose to pursue legal action, there will be a full team of experienced attorneys on your side.

08/28/2020

Is Age a Reason to Not Get a Divorce?
While gray divorce is clearly on the rise, you may still shy away from divorce due to your age.

For example, you may think something like, “I’m 65. How will I ever meet someone new?” or “How can I stay afloat financially?” Indeed, older people can have many concerns that keep them from pursuing divorce.

However, just how bad can the outcome of a gray divorce be? In some cases, yes, the consequences can hit hard. In many cases, though, the short-term pain leads to long-term gains. Here are some ways to tackle the common concerns related to gray divorce.

Staying Afloat Financially

Perhaps you have not worked in years, or you are the sole earner in your marriage. Or maybe both of you worked but are about to retire. There can be ways to stay afloat financially, beginning with a fair distribution of property and assets. You may have to downsize, change your lifestyle somewhat or work part-time, but for quite a few people, these moves are preferable to staying in a marriage that makes them unhappy. However, if health insurance is an issue, it may be better to get legally separated rather than divorced. Your lawyer can help clarify the financial issues and pinpoint solutions.

Meeting New People

You may not even be unhappy in your marriage, per se. The spark disappeared long ago, and you are merely content. You make do and figure what you have is better than ending up alone. However, many people’s lives are long, and relationships and romantic alliances form at any stage of life. Even people in nursing homes start up new relationships. You deserve to be happy and in love if that is what you want, no matter your age.

Starting Over

Starting over can be a scary prospect, and when you are older, it can seem especially daunting. What happens to friends you and your spouse have had for what seems like a lifetime? How do you tell your children? Where can you go for holidays? To be sure, divorce is usually not a decision to be made lightly. It could be that financial concerns or other issues take priority over leaving your marriage, but chatting with a lawyer about options can help you feel empowered.

08/27/2020

Police Misconduct Lawsuits in Michigan
We trust our police officers to uphold safety and the law, but sometimes they can overstep the boundaries.

POLICE MISCONDUCT LAWYERS

Police officers and law enforcement officials are trusted with a responsibility to help the public, serve justice, and uphold the law. We like to believe they’re always on our side and that they have our best interests in mind.

However, in rare instances, an officer may display poor judgment or go too far in their duties, resulting in tragic or even fatal consequences. Police brutality is a sad reality even in this day and age, and is one of the most common causes of police misconduct lawsuits in America today. It isn’t all physical violence, either – many cases of police brutality can involve you being forced to do something you don’t want to under threat of jail time or violence, unnecessary strip searches, false arrests, and more.

If you feel you were the victim of excessive force or a civil rights violation at the hands of law enforcement, the Mike Morse Law Firm has the expertise you need. If you feel like you have been a victim of misconduct by a police officer, the Mike Morse Law Firm is here to help. Our experienced lawyers represent anyone who believes their civil rights have been violated by law enforcement personnel, and our combined knowledge puts us at the forefront of police misconduct lawsuits throughout Michigan.

WHAT RIGHTS DO I HAVE AS THE VICTIM OF POLICE BRUTALITY?

Police brutality can encompass a number of factors, and the laws protecting citizens like you from mistreatment or abuse at the hands of the police are complex and wide-ranging. Mike Morse Law Firm has skill and experience with these laws – skill and experience you need to win your Michigan police brutality case.

Most police misconduct cases rely on a statute known as Section 1983, published under Title 42 of the United States Code. This section makes it unlawful for anyone acting under the authority of state law to deprive another person their rights, and has been cited in cases relating to excessive force, improper use of restraints, police pursuits, and even unlawful or coercive questioning of the victim.

Section 1983 and its relating laws and statutes are a complicated but necessary part of American civil rights, and the Mike Morse Law Firm can help you see your police abuse case through to a satisfactory conclusion.

MICHIGAN POLICE MISCONDUCT CASES

Police Taser Lawsuits

Designed to provide police officers with a non-lethal option to apprehend a dangerous subject, police tasers account for a shockingly high number of accidental fatalities, as well as being a leading cause of paralysis. A lack of adequate training and excessive usage are the most common causes of injury by police taser, and if you fall victim to this tragedy, the Mike Morse Law Firm will defend your rights in court.

Police Shooting Death Lawsuits

Officers are trained to only use their fi****ms as a last resort, but there has been an ever-increasing number of wrongful shooting deaths in America today. In any situation where an officer injures or kills someone through irresponsible or negligent usage of a firearm, compensation may be available – and the Mike Morse Law Firm has the skills and experience needed to get justice.

False Arrest Lawsuits

There are limits to the police’s ability to detain or imprison people, including reasonable suspicion and probable cause. The potential for emotional and financial peril from a wrongful imprisonment is high, and the Mike Morse Law Firm will fight for your rights and restore your stability after a false arrest.

A PERSONAL INJURY LAWYER CAN HLEP

If you or someone you know has been the victim of police misconduct, a personal injury law firm that handles police misconduct cases can help you get the compensation and justice you deserve.

08/26/2020

Dividing Assets for Older Couples in Divorce

Older couples may divorce for many of the same reasons as younger people. However, a longer marriage may also mean more assets to divide, making the process of divorcing more complicated.

Gray Divorces
WIthin the past few years, the divorce rate curve seems to have flattened, except for older couples. Today, older people are divorcing at higher rates than many other age groups. These divorces are more common due to a number of factors, including women being more financially independent, longer life expectancy and changes in societal attitudes toward divorce.

Terminating a marriage when someone is 50 or older is much different than getting a divorce when younger. While the emotional impact is often significant because of the long-term reliance on the marriage, the financial aspects of divorce later in life can be life-changing and have a stream of consequences.
Dividing Property Principles
Most states are equitable distribution states. These states do not require an equal 50/50 split but instead look at what is fair or equitable under the circumstances. A number of states use community property principles, which assume that all income and property acquired during the marriage is the equal property of both spouses. Assets are divided equally between the parties. Because older people have had longer to accumulate assets, dividing them may be more difficult. The parties are able to reach their own agreement regarding their property to avoid litigating the issue. However, older couples may have more financial issues and concerns than younger couples.

Spousal Support
In many states, temporary spousal support may provide financial support to the lower-earning spouse so that he or she can acquire some additional job skills or education. Individuals who have been in a long-term marriage, often considered as being ten or more years of marriage, spousal support may be more likely to be ordered. Sometimes, spousal support may be ordered for life when older couples are involved. However, often spousal support ceases when a person retires, so it is important for the spouses to have a realistic expectation of spousal support obligations and the duration of anticipated payments.
Retirement Accounts
One of the most significant effects of later in life divorce is that retirement accounts may be divided when there is not much time to recuperate the funds. Therefore, the retirement funds that would have sufficed to support one household are splintered to support two. Some individuals may decide to hand over a portion of his or her pension in order to avoid making spousal support payments. However, there can be negative tax implications with this route, so parties should ensure that they are well informed of their rights and the consequences before entering into an agreement of this nature.

In many cases, the couple will need a Qualified Domestic Relations Order, which is a completely separate court order that is used to divide retirement benefits. These orders provide the holder of the retirement plan with the authority to divide the account. Couples should discuss possible provisions that can be included in an order of this nature with their legal counsel, such as when the spouse can receive distributions while avoiding tax penalties.
Marital Home
Another important consideration is whether one spouse will keep the marital home or if the couple will sell the home and split the proceeds. It may make sense for one of the spouses to keep the home so that they can qualify for real estate property tax exemptions and have built-in housing so that they have lower expenses going into retirement. Some spouses may want to qualify for a reverse mortgage. Spouses who stay in the home may be able to qualify for public benefits still, such as Medicaid. The spouse will also have equity in case he or she decides to sell the home in the future. However, it can be difficult for the other spouse to find alternative living arrangements.

If one spouse keeps the home, he or she may have to give up property rights to other assets, perhaps including spousal support or a stake in a retirement account. Additionally, the spouse retaining the home is still saddled with certain expenses, including maintenance, insurance and property taxes, which may be difficult to pay if only relying on a fixed income.

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