McPhillips, Fitzgerald & Cullum LLP - blog | Glens Falls, NY

Why Some Injury Claims Take Longer Than Others to Resolve

Sun, 15 Feb 2026 07:42:00 GMT

When an accident causes serious harm, many people expect injury claims to resolve quickly. Delays can be frustrating, especially as medical expenses and lost income continue to grow. In reality, the timeline for resolving injury claims varies widely depending on several important factors, and a longer process does not necessarily mean something has gone wrong.

Established in 1911, McPhillips, Fitzgerald & Cullum LLP has served clients longer than any other law firm in the Greater Glens Falls region. With 13 attorneys across multiple specialties and an AV rating from Martindale Hubbell, the firm brings seasoned insight to even the most complex cases.

The Complexity Of The Injury Itself

One of the biggest factors affecting how long injury claims take is the nature of the injury. Claims involving minor injuries are often resolved faster than those involving long-term or permanent harm. Product-related injuries, in particular, can be more complex.

Factors that may slow a case include:

Ongoing medical treatment or rehabilitation
Unclear long-term prognosis
The need for specialist evaluations
Injuries caused by defective or dangerous products

In many cases, it is necessary to wait until the full extent of the injury is known before discussing a settlement.

Insurance Company Reviews And Delays

Insurance companies play a major role in how quickly injury claims move forward. Insurers often conduct detailed investigations before agreeing to pay compensation. These reviews may include examining accident reports, medical records, and statements from all parties involved.

Common causes of delay include:

Disputes over who is responsible
Requests for additional documentation
Attempts to minimize the value of a claim

A personal injury attorney can help respond to these tactics and keep the process moving as efficiently as possible.

Evidence And Documentation Requirements

Strong injury claims rely on thorough documentation. Gathering medical records, expert opinions, and proof of damages takes time, but it is essential for building a solid case. For product-related injuries, additional evidence may be required to show how a product was defective or unsafe.

Rushing this stage can result in undervaluing the claim or missing important details that affect compensation.

Settlement Negotiations Versus Litigation

Many injury claims are resolved through settlement negotiations, but not all cases settle quickly. Negotiations may involve multiple offers and counteroffers before reaching an agreement. If a fair settlement cannot be reached, filing a lawsuit may become necessary, which can extend the timeline.

Waiting can sometimes lead to a better outcome rather than accepting an early offer that does not reflect the full impact of the injury.

Taking The Next Step After An Injury in New York & Florida

Delays in injury claims can be stressful, but patience often plays a key role in protecting the full value of a case. A consultation offers an opportunity to ask questions, understand potential timelines, and gain insight into the next legal steps. Calling 518-792-1174 for our New York offices or 305-751-8556 for our Miami Shores office to schedule a consultation can help bring clarity, confidence, and direction during a challenging time.

The post Why Some Injury Claims Take Longer Than Others to Resolve appeared first on McPhillips, Fitzgerald & Cullum LLP .

What Happens When An Insurance Company Denies Your Injury Claim

Thu, 15 Jan 2026 07:07:00 GMT

A letter denying an injury claim can be frightening, especially as medical bills mount and missed paychecks add up. For people in Glens Falls and Chestertown, New York, and Miami Shores, Florida, a denied insurance claim after a product-related accident often raises urgent questions about what to do next.

McPhillips, Fitzgerald & Cullum LLP has represented clients in the Greater Glens Falls region since 1911 and is recognized by Martindale-Hubbell with its highest AV rating for legal excellence. With 13 attorneys across multiple specialties, the firm has built a long-standing reputation for hard work and loyal advocacy in complex disputes, including serious injury claims.

Why Insurance Companies Deny Injury Claims

Insurance companies deny injury claims for many reasons, including product-related cases such as defective appliances, tools, or vehicle parts. Common explanations include:

Blaming the injured person for misusing or altering the product
Arguing that the injuries are minor or unrelated to the incident
Pointing to gaps in treatment or a delay in reporting the accident

A denial may sound final, but it is often only the company’s first position on the claim.

First Steps After A Denied Insurance Claim

After a denial, taking a few organized steps can help protect a future case:

Read the denial letter and note any deadlines to respond
Collect medical records, bills, and pharmacy receipts
Save photos of the defective product, injuries, and the accident scene
Preserve the product, packaging, and warnings if it is safe
Keep emails and letters from the insurance company in one place

These actions create a clearer picture of what happened and why the injury claim should not be ignored.

How A Lawyer Supports A Denied Injury Claim

An experienced personal injury lawyer can examine the denial letter and the policy language to determine whether the insurance company’s reasoning holds up. The lawyer may identify additional responsible parties, including manufacturers or distributors, whose negligence contributed to the product failure.

Support from medical and technical experts can help show exactly how the product caused harm and why the injury claim deserves serious consideration. A lawyer also takes over communication with the insurance company, handles negotiations, and pushes for a fair resolution.

Legal Help In Glens Falls, Chestertown, And Miami Shores

Anyone facing a denied insurance claim after a product-related injury in Glens Falls, Chestertown, or Miami Shores does not have to handle the problem alone. Medical costs, lost income, and long-term complications can feel overwhelming, but the situation may be far from over.

If an injury claim has been denied or delayed, now is the time to speak with an attorney who handles these cases in New York and Florida. Call 518-792-1174 for our New York offices or 305-751-8556 for our Florida location today to schedule a consultation with McPhillips, Fitzgerald & Cullum LLP and talk through the next steps for your claim.

The post What Happens When An Insurance Company Denies Your Injury Claim appeared first on McPhillips, Fitzgerald & Cullum LLP .

Third-Party Liability: When Someone Other Than The Driver Is To Blame

Mon, 15 Dec 2025 19:00:00 GMT

After a motor vehicle accident , many people assume that only the drivers involved can be held responsible. In reality, a careless company, property owner, or government entity may also contribute to the crash. McPhillips, Fitzgerald & Cullum LLP, established in 1911, is the longest-serving law firm in the Greater Glens Falls region and holds Martindale-Hubbell’s highest AV rating for its accomplished team.

With 13 accomplished attorneys across multiple specialties, the firm is known for its long-standing commitment to hard work and loyal client service. For injured individuals in Glens Falls, Chestertown, and Miami Shores, recognizing potential third-party liability can play a key role in building a stronger claim and pursuing meaningful compensation.

What Third-Party Liability Means After A Motor Vehicle Accident

Third-party liability arises when someone other than the drivers involved in a crash is legally responsible for the harm. This often occurs in situations involving defective vehicle parts, dangerous road conditions, or negligent employers. When a third party contributes to a collision, an injured person may be able to pursue compensation beyond the insurance policy of the at-fault driver.

Common Third Parties That May Share Fault

Several types of third parties may bear responsibility in a motor vehicle accident, including:

Vehicle or parts manufacturers that produce defective brakes, tires, airbags, or steering components
Government entities that allow dangerous road design, broken traffic lights, or poor maintenance to persist
Construction companies that create unsafe work zones or fail to post proper warning signs
Employers whose employees cause crashes while driving company vehicles or performing job-related tasks
Vehicle owners who ignore necessary maintenance, leading to preventable mechanical failures

In each of these scenarios, liability does not end with the driver involved in the crash.

How These Claims Can Increase Available Compensation

When additional parties are involved, there may be multiple sources of insurance coverage. Third-party claims can help accident victims seek compensation for:

Hospital and medical expenses
Physical therapy and rehabilitation
Lost income and reduced earning capacity
Pain, emotional distress, and loss of quality of life

This can be especially important for people dealing with severe injuries or long-term disabilities caused by product-related defects.

Legal Help For Complex Third-Party Cases

Third-party liability claims often involve technical evidence, corporate records, and detailed investigations. Injured individuals may face aggressive insurance companies and complicated rules in both New York and Florida. McPhillips, Fitzgerald & Cullum LLP can review accident reports, consult with experts, and identify all parties who may share responsibility for the crash.

Complex Accident Liability Questions In Upstate New York & Miami Shores

Anyone in Glens Falls, Chestertown, or Miami Shores who believes a product defect, unsafe roadway, or negligent company contributed to a motor vehicle accident can take an important step forward by scheduling a consultation . Contact McPhillips, Fitzgerald & Cullum LLP at 518-792-1174 for our New York offices or 305-751-8556 for our Florida location to explore your legal options and get guidance tailored to your situation.

The post Third-Party Liability: When Someone Other Than The Driver Is To Blame appeared first on McPhillips, Fitzgerald & Cullum LLP .

Unsafe Property Conditions: Holding Property Owners Accountable

Sat, 15 Nov 2025 07:01:00 GMT

Accidents caused by unsafe property conditions can happen without warning, leaving victims with serious injuries and costly medical bills. Property owners have a duty to maintain safe environments for visitors, and when they fail to do so, personal injury law allows victims to seek justice and fair compensation.

Established in 1911, McPhillips, Fitzgerald & Cullum LLP has served clients longer than any other law firm in the Greater Glens Falls region and is recognized with Martindale-Hubbell’s highest “AV” rating for legal excellence. With 13 skilled attorneys across multiple specialties, the firm brings more than a century of experience, hard work, and integrity to every case, helping injured individuals hold negligent property owners accountable.

When a Property Becomes a Hazard

Unsafe property conditions can occur anywhere—homes, apartment complexes, stores, or public areas. What may seem like a minor hazard can quickly become a serious danger. Common examples include:

Wet or uneven floors
Broken stairs or railings
Faulty electrical wiring
Inadequate lighting
Poorly maintained parking lots or sidewalks

These conditions often lead to preventable injuries such as slips, falls, or electrical shocks that can leave victims facing long-term recovery.

The Duty of Property Owners

Property owners are legally obligated to maintain safe conditions for anyone lawfully on their premises. When they fail to uphold this duty, they may be held liable for resulting harm. Negligence can take many forms, including:

Ignoring known hazards or delaying repairs
Violating building or safety codes
Failing to provide adequate security in areas with known risks

Injuries from property hazards can result in significant medical costs, lost income, and emotional suffering, all of which could have been avoided with proper care and maintenance.

How Personal Injury Law Applies

Personal injury law allows victims to seek compensation when a property owner’s negligence leads to injury. This type of claim, known as premises liability, focuses on proving that the owner or manager knew—or reasonably should have known—about the unsafe condition. Documentation like inspection logs, photos, and eyewitness accounts can strengthen a personal injury claim.

Laws and standards may vary between Glens Falls, NY, Miami Shores, FL, and Chestertown, NY, which is why working with a lawyer familiar with local requirements is essential.

Take Action After an Injury in New York and Florida

If you were hurt because of unsafe property conditions, the next step you take can make a major difference in your recovery. Reaching out for legal help right away ensures your rights are protected and evidence is preserved. The team at McPhillips, Fitzgerald & Cullum LLP is ready to stand by your side and fight for the compensation you deserve.

Call 518-792-1174 for our New York offices or 305-751-8556 today to schedule a free consultation and learn how an experienced personal injury attorney can help you move forward with confidence.

The post Unsafe Property Conditions: Holding Property Owners Accountable appeared first on McPhillips, Fitzgerald & Cullum LLP .

Protecting Loved Ones: What to Do if an Elder Is Injured in Care

Wed, 15 Oct 2025 18:00:00 GMT

Established in 1911, McPhillips, Fitzgerald & Cullum LLP is the longest-serving law firm in the Greater Glens Falls region and is rated “AV” by Martindale-Hubbell for its excellence. With 13 experienced attorneys across multiple specialties, the firm is known for its loyalty, hard work, and dedication to clients.

Knowing whether an elder’s injury involves personal injury or medical malpractice, and taking the right legal steps, can help protect your loved one and make sure those at fault are held responsible.

Common Signs of Injury or Neglect in Elder Care

Not all injuries in elder care are immediately apparent. Families should stay alert to changes that may indicate neglect or mistreatment. These can include:

Unexplained bruises, cuts, or fractures
Signs of dehydration or malnutrition
Pressure ulcers or bedsores
Sudden changes in behavior, such as fear or withdrawal
Delayed medical treatment after an incident

These symptoms may indicate unsafe conditions, inadequate care, or more serious underlying issues.

Personal Injury vs. Medical Malpractice in Elder Car e

Not all elder care injuries are treated the same under the law. Distinguishing between personal injury and medical malpractice is an essential first step.

A personal injury case typically involves general negligence, such as:

Slip and fall accidents in unsafe facilities
Failure to assist with mobility or hygiene
Improper supervision leading to injur y

A medical malpractice claim applies when a licensed medical provider breaches the standard of care. Examples include:

Incorrect medication or dosage
Failure to diagnose a medical issue
Inadequate post-operative care

If a nurse, doctor, or healthcare professional acts outside accepted medical standards, the case may qualify as medical malpractice rather than a broader personal injury claim .

Steps to Take After an Injury

When an elder is hurt in care, families should act promptly to protect their loved one’s well-being and preserve evidence for possible legal action. Key steps include:

Seek immediate medical attention
Document injuries through photos and written notes
Request incident reports and medical records
Speak with staff or administrators about the inciden t
Consult a personal injury attorney to review the case

Prompt action can help determine whether negligence or malpractice occurred and whether legal compensation may be available.

Legal Help for Elder Injuries in New York and Florida

If your loved one has been injured in a nursing home or care facility, do not wait to take action. Whether the injury involves general negligence or medical malpractice, families have the right to hold caregivers and institutions accountable.

Call 518-792-1174 for our New York offices or 305-751-8556 for our Miami Shores office today to schedule a consultation and speak with someone who can help protect your family’s future and fight for the justice your loved one deserves.

The post Protecting Loved Ones: What to Do if an Elder Is Injured in Care appeared first on McPhillips, Fitzgerald & Cullum LLP .

When Employer Negligence Leads to a Vehicle Accident on the Job

Mon, 15 Sep 2025 06:01:00 GMT

Established in 1911, McPhillips, Fitzgerald & Cullum LLP has a long history of serving clients with dedication and expertise. With a team of 13 experienced attorneys and the firm’s prestigious “AV” rating from Martindale-Hubbell, McPhillips, Fitzgerald & Cullum is well-equipped to help individuals navigate the challenges of workplace injury claims.

If you’ve been injured in a vehicle accident on the job, it’s crucial to know how the law can protect your rights.

What Is Employer Negligence?

Employer negligence refers to a situation in which an employer fails to fulfill their responsibility to provide a safe work environment. This negligence can lead to accidents that might have been entirely preventable. In the case of vehicle accidents on the job, negligence can take many forms. Common examples include:

Failing to maintain company vehicles
Not providing employees with proper safety equipment or training
Pressuring workers to drive long hours without adequate rest

How Employer Negligence Contributes to Vehicle Accidents

In many cases, vehicle accidents on the job happen due to factors that could have been avoided with proper employer oversight. Some common scenarios include:

Poorly maintained vehicles: Employers are responsible for ensuring that company vehicles are regularly inspected and maintained. Improper maintenance of a vehicle can result in failure, potentially leading to an accident.
Lack of driver training: Employers must ensure their employees are trained to handle the vehicles they drive. When employees are not properly trained, they are at a higher risk of making mistakes that may cause accidents.
Excessive work hours: Some employers push employees to work long hours, which can lead to fatigue and poor decision-making while driving. Drivers suffering from fatigue are more susceptible to accidents.

These factors can have lasting effects on workers, causing both physical harm and financial strain.

Legal Options After a Vehicle Accident at Work

You may be eligible for compensation if your vehicle accident was the result of employer negligence. This compensation can cover:

Medical expenses
Lost wages
Pain and suffering
Rehabilitation costs

It’s crucial to speak with an attorney who specializes in workplace injury cases to ensure you’re pursuing all possible avenues for recovery.

Steps After an Employer Negligence Accident in Upstate NY & Miami Shores, FL

If you’ve been injured in a vehicle accident caused by employer negligence, it’s important to act quickly. The legal process can be complex, and timely evidence gathering is key to building a strong case. A seasoned attorney can support you through the process and work to obtain the compensation you deserve. Contact us at 518-792-1174 today to schedule a consultation and take the first step toward recovery.

The post When Employer Negligence Leads to a Vehicle Accident on the Job appeared first on McPhillips, Fitzgerald & Cullum LLP .

Injured in a City-Owned Space? Here’s When You Can Sue Them

Fri, 15 Aug 2025 18:00:00 GMT

McPhillips, Fitzgerald & Cullum LLP has represented injured individuals since 1911 and is the longest-standing law firm in the Greater Glens Falls region. With 13 attorneys across multiple specialties and an AV rating from Martindale-Hubbell, the firm offers the experience and resources needed to pursue serious claims.

Whether your injury occurred in Glens Falls, Chestertown, or Miami Shores, legal action may be available when a city fails to correct known hazards.

Can the City Be Held Responsible for Your Injury?

City governments are responsible for maintaining safe conditions in public spaces. When a municipality fails to fix dangerous hazards, and someone is injured as a result, that injured person may have grounds to file a personal injury claim under premises liability law.

Examples of city negligence include:

Broken or uneven sidewalks
Icy or snow-covered walkways left untreated
Poor lighting in stairwells or parking structures
Damaged handrails or steps in public buildings
Unmaintained playground or park equipment

Whether in Glens Falls, Chestertown, or Miami Shores, these hazards can cause serious injuries such as fractures, head trauma, or long-term disability.

What You Need to Prove

To sue a city for personal injury, certain conditions must be met:

The dangerous condition existed on property owned or controlled by the city
The city either knew about the hazard or should have known
There was a reasonable opportunity to fix the issue, but no corrective action was taken
The hazardous condition directly caused your injury

Evidence is key. You may need to provi de photographic evidence, medical documentation, witness information, and a clear record of the harm and costs you have suffered .

Strict Deadlines for Filing Claims

Claims against city governments are subject to special rules and shorter timelines. In New York, for instance, you must file a Notice of Claim within 90 days of the injury. In Florida, you typically have to report your claim in detail within six months of the injury occurring.

Missing these deadlines can prevent any chance of recovery . It is critical to act quickly if you believe your injury was caused by municipal negligence.

City-Owned Property Accidents in Upstate NY and South Florida

A serious injury on public property can leave you dealing with pain, medical bills, and missed time from work. When a city fails to fix dangerous conditions, you should not have to bear the burden alone. Legal action may be your path toward fair compensation.

Schedule a consultation today with a personal injury attorney who understands the unique process of filing a premises liability claim against a municipality. Contact our New York offices at 518-792-1174 or our Florida office at 305-751-8556 and get the guidance you need to protect your rights.

The post Injured in a City-Owned Space? Here’s When You Can Sue Them appeared first on McPhillips, Fitzgerald & Cullum LLP .

How a Commercial Vehicle Accident Differs from a Standard Car Crash

Tue, 15 Jul 2025 18:00:00 GMT

Established in 1911, McPhillips, Fitzgerald & Cullum LLP is the longest-standing law firm in the Greater Glens Falls region and proudly holds Martindale-Hubbell’s highest “AV” rating. With 13 attorneys across multiple specialties , the firm brings over a century of experience, resources, and a commitment to protecting clients’ rights in even the most challenging cases.

Understanding how a commercial vehicle accident differs from a typical crash is the first step toward securing the legal support you need.

What Qualifies as a Commercial Vehicle

A commercial vehicle is typically any vehicle used for business purposes. This can include:

Delivery trucks and vans
Semi-trucks and tractor-trailers
Construction vehicles
Company cars used by employee s

Unlike privately owned vehicles, commercial vehicles are often operated by employees or contractors on behalf of a business or organization. This distinction plays a significant role when determining fault and liability.

Factors That Make Commercial Vehicle Accidents More Complicated

Commercial vehicle accidents present unique legal and procedural challenges for a variety of reasons :

Multiple parties may be liable : The driver, the employer, the vehicle owner, or even the manufacturer may share responsibility.
Larger insurance policies : Commercial vehicles are generally covered by high-limit insurance policies, often managed by aggressive corporate insurers.
Heavier damage and more serious injuries : The size and weight of commercial vehicles often lead to more devastating consequences in a crash.
Federal and state oversight : These vehicles are subject to Department of Transportation regulations that can impact case details.

Common Challenges for Victims

After a commercial vehicle accident, victims may encounter :

Delays or denials from insurance companies trying to protect their bottom line
Difficulty accessing evidence such as driver logs, maintenance records, or onboard GPS data
Pressure to accept low settlements before the full extent of injuries is known

These complications can leave victims feeling overwhelmed as they face medical bills, lost wages, and the emotional impact of the crash.

How to Protect Your Rights After a Crash in Glens Falls, Chestertown, and Miami Shores

If you’ve been injured in a commercial vehicle accident, don’t face the aftermath alone. These cases often involve powerful insurance companies and complex legal issues, and having the right car accident lawyer by your side can make all the difference.

At McPhillips, Fitzgerald & Cullum LLP, we know what’s at stake. You don’t have to face this alone. We’re here to protect your rights, collect the evidence that matters, and fight for the outcome you deserve. Reaching out early gives us more power to help. Call our New York offices at (518) 792-1174 or our Florida office at (305) 751-8556 to schedule your consultation .

The post How a Commercial Vehicle Accident Differs from a Standard Car Crash appeared first on McPhillips, Fitzgerald & Cullum LLP .

Don’t Let a Pre-Existing Condition Undermine Your Personal Injury Case

Sun, 15 Jun 2025 18:00:00 GMT

Established in 1911, McPhillips, Fitzgerald & Cullum LLP is the longest-standing law firm in the Greater Glens Falls region and holds Martindale-Hubbell’s highest “AV” rating. With attorneys across multiple specialties, the firm brings deep experience and a longstanding tradition of loyalty and hard work to every personal injury claim, including those involving pre-existing conditions.

What Is a Pre-Existing Condition?

If you had an injury or health concern before your recent accident, it may be viewed as a pre-existing condition. These can include:

Back or neck injuries
Arthritis
Previous fractures
Chronic pain or mobility issues
Degenerative disc disease

Insurance companies often scrutinize these conditions to determine whether your symptoms stem from a new injury or your health history. While this might feel invasive, it is a routine part of most personal injury claims.

Can You Still File a Personal Injury Claim ?

Yes. Having a pre-existing condition does not disqualify you from seeking compensation. The law recognizes the concept of the “eggshell plaintiff,” which means the person responsible for your injury must take you as you are—even if you are more vulnerable to injury due to past health issues.

What matters is whether the accident worsened your pre-existing condition. If it did, you may be entitled to compensation for the aggravation of that condition and any resulting medical expenses, lost wages, or pain and suffering.

How Insurance Companies Respond

Insurance companies often try to limit their liability by:

Claiming the accident didn’t cause your injuries
Arguing that your symptoms are unrelated to the incident
Requesting extensive medical records to find alternate causes

This is why clear documentation and medical records are so important. A well-prepared case will distinguish between your baseline condition and the new harm caused by the accident. Supporting testimony from your physician can further strengthen your position.

Why Legal Guidance Matters

An experienced personal injury attorney can help you gather medical evidence, consult with healthcare professionals, and build a case that accurately reflects the accident’s impact on your health. Navigating insurance defenses is difficult without legal support, especially when your medical history is being used against you.

Don’t Let a Pre-Existing Condition Hurt Your Case

If you are dealing with the stress of an injury and have questions about how your pre-existing conditions might impact your personal injury claim, the legal team at McPhillips, Fitzgerald & Cullum LLP is here to guide you, answer your questions, and build a strategy that protects your interests.

To speak with a local attorney, contact our New York offices at (518) 792-1174 or our Florida office at (305) 751-8556 and schedule a consultation . Whether you’re in Glens Falls, Chestertown, or Miami Shores, we are ready to stand by your side.

The post Don’t Let a Pre-Existing Condition Undermine Your Personal Injury Case appeared first on McPhillips, Fitzgerald & Cullum LLP .

How to Document Workplace Harassment for a Legal Claim

Thu, 15 May 2025 06:01:00 GMT

Established in 1911, McPhillips, Fitzgerald & Cullum LLP is the longest-standing law firm in the Greater Glens Falls region, known for its loyalty to clients and straightforward legal counsel. With an “AV” rating from Martindale-Hubbell and 13 attorneys across multiple specialties , our firm provides experienced, trusted representation in Glens Falls, Chestertown, and Miami Shores. We help clients take the right steps to document and pursue workplace harassment claims properly.

Why Documentation Is So Important

When you file a legal claim for workplace harassment, it’s not enough to simply say it happened. Courts and investigators will want to see consistent, factual records. Documentation helps establish:

A pattern of behavior over time
Specific dates, locations, and people involved
Efforts you made to report or resolve the situation

Well-organized evidence strengthens your credibility and gives your attorney a solid foundation to build your case.

Steps to Document Harassment at Work

If you are facing harassment or employee discrimination, here are key steps to begin documenting:

Maintain a written journal of each incident, including:
- The date and time
- The location
- The names of everyone involved
- What was said or done
Save emails, texts, chat messages, voicemails, or any form of communication that supports your claim
Preserve physical evidence like notes, gifts, or offensive images, if applicable
File a report with your company’s HR department and keep copies of the complaint and any response you receive
Identify potential witnesses who observed the behavior or who may have had similar experiences with the same individual

Taking these steps early can make a significant difference if your case goes to mediation, arbitration, or court.

Common Mistakes That Can Hurt Your Case

Many employees wait too long or fail to preserve essential details. Avoid the following missteps:

Failing to write things down right away while the memory is fresh
Deleting emails or texts out of fear or frustration
Skipping formal reporting channels within the company
Discussing the situation on social media before speaking with a legal professional

Even small oversights can weaken your case, so staying organized and proactive is key.

When to Contact a Workplace Harassment Attorney

If you’re experiencing workplace harassment or employee discrimination, you don’t have to handle it alone. Even if you’re not ready to file a claim, speaking with an attorney early can help you understand your rights and protect your next steps. McPhillips, Fitzgerald & Cullum LLP provides dedicated legal support to clients in Glens Falls, Chestertown, and Miami Shores.

To speak with a local attorney, contact our New York offices at (518) 792-1174 or our Florida office at (305) 751-8556 and schedule a consultation .

The post How to Document Workplace Harassment for a Legal Claim appeared first on McPhillips, Fitzgerald & Cullum LLP .

Steps to Take if You’re Injured by a Defective Product

Tue, 15 Apr 2025 06:01:00 GMT

With over a century of service and Martindale-Hubbell’s highest “AV” rating, McPhillips, Fitzgerald & Cullum LLP brings trusted experience to personal injury cases. Our team of 13 attorneys works across multiple specialties, including product liability , to protect clients’ rights. Knowing the right steps to take after a product-related injury can make a meaningful difference in your health, recovery, and legal claim.

Seek Medical Attention Immediately

Your safety should always come first. If you’ve been injured, seek medical care immediately—even if your symptoms initially seem minor. Prompt treatment supports your recovery and creates important medical records that document your injuries. These records can serve as key evidence if you pursue a product liability claim. Delaying care may worsen your condition and make it harder to connect your injury to the defective product later on.

Preserve the Product and Any Evidence

After getting medical care, keeping the product that caused your injury is important. Don’t throw it away or attempt to fix it. If possible, also keep:

Original packaging and instructions
Purchase receipt or proof of transaction
Photos of the defective product and your injuries
Any communication from the seller or manufacturer

This evidence can be critical if you pursue a product liability claim.

Do Not Contact the Manufacturer or Insurer Alone

You might be tempted to reach out to the product manufacturer or their insurance company, especially if they’ve contacted you first. Avoid doing this before speaking with a lawyer. These companies may attempt to settle quickly or use your words against you. Their objective is often to protect their financial interests, not to provide a fair resolution for your claim.

Document Everything

Start keeping a detailed record as soon as possible. This should include:

Medical visits and treatment plans
Out-of-pocket costs and medical bills
Missed work or lost wages
Notes on how the injury has affected your daily life

A well-documented case strengthens your claim and helps your attorney build a clear picture of the injury’s impact.

Product Liability Guidance in Upstate NY & Miami Shores, FL

Navigating a defective product injury can be legally complex. Legal guidance from an attorney who understands product liability can make a major difference in proving your claim and maximizing your outcome . Time is critical, as there are deadlines for filing claims in both New York and Florida.

If you’re in Glens Falls, Chestertown, or Miami Shores and have been harmed by a defective product, don’t wait to get help. Contact us today at 518-792-1174 for our New York offices or 305-751-8556 for our Miami Shores office to schedule a consultation.

The post Steps to Take if You’re Injured by a Defective Product appeared first on McPhillips, Fitzgerald & Cullum LLP .

Sidewalk Injuries: Who Should Be Held Accountable?

Sat, 15 Mar 2025 18:00:00 GMT

McPhillips, Fitzgerald & Cullum LLP has proudly served clients in the Greater Glens Falls region since its establishment in 1911, making it the region’s oldest law firm. With Martindale-Hubbell’s highest rating of AV, our determined, knowledgeable, and experienced attorneys have the resources and skill to vigorously represent your interests in sidewalk injury cases, ensuring you receive the support and advocacy you deserve.

Common Causes of Sidewalk Injuries

Sidewalk injuries frequently result from hazardous conditions that proper maintenance could have prevented. Some common causes include:

Uneven pavement or cracks
Potholes or crumbling concrete
Ice, snow, or standing water
Tree roots lifting pavement
Obstructions or debris
Inadequate lighting at night

Who Is Legally Responsible?

Determining liability for sidewalk injuries involves several factors, including location, ownership, and local laws. Municipalities are often responsible for maintaining public sidewalks, but this varies by location. In Glens Falls and Chestertown, New York, local laws may place liability on homeowners or businesses if sidewalks are adjacent to their property. In Miami Shores, Florida, similar ordinances may apply.

Private property owners, including businesses, are generally held accountable under premises liability laws if negligence is proven. A property owner might face legal liability if they were aware of—or should have been aware of—a dangerous condition and failed to take appropriate action.

C onstruction companies or contractors might also be liable if their negligent work created unsafe sidewalk conditions. Additionally, homeowners associations in private communities could bear responsibility for injuries that occur on sidewalks within their jurisdiction.

What to Do After a Sidewalk Injury

Taking the right steps after an injury is crucial for protecting your rights:

G et medical attention promptly, even if your injuries seem minor.

Take photos of the hazardous condition at the accident scene.
Report the incident promptly to the city authorities or property owner.
Gather contact information from any witnesses present.
Contact a personal injury attorney to discuss your legal options.

How a Personal Injury Attorney Can Help

N avigating sidewalk injury claims can be challenging without legal assistance. An attorney experienced in premises liability will investigate your claim, determine who is liable, and advocate for your rights. T hey will assemble evidence, manage interactions with insurance companies, and advocate strongly for compensation for medical treatment, missed work, and your physical and emotional suffering.

Get the Legal Help You Need in New York or Florida

Don’t wait to seek legal guidance if you or a loved one suffered a sidewalk injury. Contact McPhillips, Fitzgerald & Cullum LLP today to schedule a consultation and discuss your case.

For clients in Glens Falls or Chestertown, New York, call 518-792-1174 . For clients in Miami Shores, Florida, please call 305-751-8556 . Our experienced attorneys are ready to help you pursue the justice and compensation you deserve.

The post Sidewalk Injuries: Who Should Be Held Accountable? appeared first on McPhillips, Fitzgerald & Cullum LLP .

Can You Sue for Premises Liability After a Dog Bite?

Sat, 15 Feb 2025 19:00:00 GMT

Established in 1911, McPhillips, Fitzgerald & Cullum LLP is the longest-serving law firm in the Greater Glens Falls region and a cornerstone of the Southern Adirondack legal community. With 13 skilled attorneys across multiple specialties, the firm is recognized for its unwavering commitment to clients, earning the prestigious “ AV ” rating from Martindale-Hubbell for excellence and integrity.

Understanding when premises liability applies to dog bite cases and the legal options available can help victims take the next steps toward justice.

What Is Premises Liability?

Property owners are held responsible for injuries caused by dangerous conditions on their land under the legal principle of premises liability. They may be held liable if a hazardous situation on their property leads to injury.

In dog bite situations, premises liability could come into play if the property owner is aware of a dangerous dog on their property—or should have been aware—and fails to act. This could include a landlord tolerating a tenant’s aggressive dog or a business owner failing to post warnings about a potentially dangerous pet on-site.

When Can You Sue for a Dog Bite Under Premises Liability?

Not every dog bite falls under premises liability. Specific conditions must be met for this legal principle to apply:

Negligence by the Property Owner : Knowing, or having reason to know, that the dog was dangerous, the property owner did not implement measures to protect others on the property.
Injuries Occurred on Their Property : Premises liability typically applies only if the bite happened on or near the property owner’s premises.
Failure to Warn or Act : The owner failed to warn guests or take precautions to secure the dog adequately.

For example, in New York, landlords can sometimes be held liable if they were aware of a tenant’s aggressive dog and did nothing to prevent harm. Similarly, Florida law may hold property owners accountable for negligence that leads to a dog bite, even if they don’t own the dog.

What Are Your Dog Bite Legal Options?

In addition to pursuing a premises liability claim, dog bite victims may have other legal options. These include:

Suing the Dog Owner Directly : In a majority of cases, the owner of the dog bears liability for the bite.
Exploring Strict Liability Laws : States like New York and Florida impose strict liability on dog owners for bites, regardless of whether the dog has a history of aggression.

Understanding which legal avenue best fits your case depends on the unique details of your situation.

Compassionate Legal Support for Dog Bite Victims in NY and FL

Dog bite and premises liability laws can be complex, with rules varying by state and situation. If you’ve been harmed by a dog bite, an attorney with experience in these cases can help you review your circumstances and consider legal paths forward.

McPhillips, Fitzgerald & Cullum LLP provides compassionate support for victims in Glens Falls, NY, Chestertown, NY, and Miami Shores, FL. Call us today at 518-792-1174 for our New York offices or 305-751-8556 for our Miami Shores office to schedule a consultation . Let us help you secure the compensation you deserve.

The post Can You Sue for Premises Liability After a Dog Bite? appeared first on McPhillips, Fitzgerald & Cullum LLP .

What Are My Legal Options If My Landlord Is Negligent?

Wed, 15 Jan 2025 19:00:00 GMT

At McPhillips, Fitzgerald & Cullum LLP , we bring over a century of experience to tenant advocacy. Established in 1911, we are the longest-serving law firm in the Greater Glens Falls region, offering clients deep expertise and personal attention. Whether in Glens Falls, NY, Miami Shores, FL, or Chestertown, NY, we’re here to help you navigate your rights and options effectively.

What Is Landlord Negligence?

Landlord negligence occurs when landlords fail to meet their obligations under the law, creating unsafe or challenging living conditions for tenants. Common examples include:

Refusing to fix hazardous conditions like mold, broken stairs, or electrical issues.
Ignoring plumbing leaks or infestations.
Failing to ensure adequate heating, cooling, or water supply.

Both New York and Florida tenant laws require landlords to provide habitable living conditions. In places like Glens Falls, NY, and Miami Shores, FL, this means addressing safety concerns promptly and adhering to local housing codes. If your landlord neglects these responsibilities, they may be liable for damages or legal penalties.

What Can You Do About a Negligent Landlord?

When faced with landlord negligence, it’s crucial to act strategically. Here are the steps to protect your rights:

Document Everything: Keep detailed records of the issues you’re facing. Take photographs or videos of hazardous conditions, save copies of written communication with your landlord, and document any health or financial impacts resulting from the neglect.
Communicate Your Concerns: Send a formal written notice to your landlord outlining the problems and requesting prompt action. Be clear and professional in your communication.
File a Complaint with Local Authorities: If your landlord refuses to address the issues, contact your local housing authority. They can investigate and enforce compliance with housing codes. For example, tenants in Chestertown, NY, can contact the town’s housing office for assistance.
Seek Legal Assistance: When landlord negligence affects your safety or well-being, consulting a qualified attorney is often the most effective solution. Experienced tenant law attorneys can assist you in pursuing options like filing a damages lawsuit, negotiating rent reductions, or ending your lease without penalties.

Take Control of Your Living Situation With McPhillips, Fitzgerald & Cullum LLP

Landlord negligence is more than just an inconvenience—it can seriously impact your health, safety, and financial stability. Understanding your legal options and asserting your rights is the first step toward regaining control over your living situation. Professional guidance is just a phone call away if you’re dealing with landlord negligence in Glens Falls, NY, Miami Shores, FL, or Chestertown, NY.

Contact McPhillips, Fitzgerald & Cullum LLP today to schedule a consultation . For assistance in Glens Falls, call 518-792-1174 . If you’re in Miami Shores, reach out at 305-751-8556 . For support in Chestertown, contact us at 518-792-1174 . Take the first step toward resolving your landlord issues—our team is here to help.

The post What Are My Legal Options If My Landlord Is Negligent? appeared first on McPhillips, Fitzgerald & Cullum LLP .

What You Should Know About the Attractive Nuisance Doctrine

Sun, 15 Dec 2024 08:06:00 GMT

Read on to learn more about the attractive nuisance doctrine and how it may apply to your situation.

What Is the Attractive Nuisance Doctrine?

The attractive nuisance doctrine applies when a property owner has a feature on their property that could attract children but is hazardous. Common examples include:

Swimming Pools : Children may be drawn to pools without recognizing the risks involved.
Abandoned Vehicles or Machinery : Items like abandoned vehicles or construction equipment can tempt children and pose significant safety hazards.
Playground Equipment : Unsecured or unsafe playground features, like an old slide or swing, can also lead to accidents.

Under this doctrine, property owners are required to take reasonable steps to prevent curious children from reaching these dangerous areas, such as installing fences or putting up warning signs.

How Does the Attractive Nuisance Doctrine Apply?

To hold a property owner liable for a child’s injury under the attractive nuisance doctrine, certain conditions must be met:

Knowledge of Potential Danger : The property owner knows (or should know) about the dangerous condition.
Likelihood of Child Attraction : The feature is likely to attract children to the property.
Failure to Safeguard : Once aware of the hazard, the property owner failed to take reasonable steps to eliminate it or post appropriate warnings, leading to an injury.

Our attorneys at McPhillips Fitzgerald & Cullum LLP can help you determine if an incident qualifies under the attractive nuisance doctrine in the states of New York and Florida.

Why Hire Us For Your Attractive Nuisance Case?

Our law firm provides dedicated legal representation, supporting families impacted by property-related injuries.

Here’s why our clients trust us:

No Upfront Fees : Working on a contingency basis , we only get paid if we secure a settlement or judgment for you.
Proven Track Record : Our knowledgeable team has experience with complex cases involving premises liability and attractive nuisances.
Local Representation : We’re proud to serve clients in Glens Falls, NY, Chestertown, NY, and Miami Shores, FL. We’re the longest-standing law firm in the Southern Adirondack area, having started our firm in 1911.

With extensive experience handling premises liability cases of all types, and unique specialized expertise in the area of attractive nuisance doctrine, our team can help your case succeed.

Attractive Nuisance Doctrine Lawyers in NY and FL

If your child was injured due to a dangerous condition on someone else’s property, you may have a case under the attractive nuisance doctrine. Call our Glens Falls and Chestertown offices at 518-792-1174 or our Miami Shores office at 305-751-8556 to book your consultation .

The post What You Should Know About the Attractive Nuisance Doctrine appeared first on McPhillips, Fitzgerald & Cullum LLP .

Who Can I Sue for Compensation After a Truck Accident in New York?

Fri, 15 Nov 2024 07:01:00 GMT

Who Can Be Held Liable in a Truck Accident?

After a truck accident in New York, you may be able to sue several potential parties:

The Truck Driver

If the truck driver made a mistake, like speeding, driving while distracted, or being under the influence they could bear responsibility for the accident. Truck drivers must follow strict safety rules, and if they don’t, they may be liable for any damages.

The Trucking Company

Sometimes, the trucking company is to blame. This could happen if the company didn’t keep the truck in good condition, pressured drivers to meet tight schedules, or didn’t train them properly. Companies often take responsibility for their drivers’ actions, particularly in cases of negligence .

Truck Manufacturer

If a defective truck part, such as faulty brakes or a malfunctioning engine, caused the accident, the truck manufacturer might be liable. Proving a defect can be difficult, but it’s a valid claim if faulty equipment caused the crash.

Cargo Loaders

Improperly loaded or overloaded cargo can make the truck difficult to control and lead to accidents. In such cases, the company or individuals responsible for loading the truck may be held liable.

Proving Negligence in a Truck Accident Case

To pursue compensation after a truck accident, you must demonstrate that the party you are suing acted negligently. This means showing that they failed to exercise reasonable care, which directly led to your injuries.

Gathering evidence like accident reports, witness statements, and expert testimony is essential to building a strong case.

Schedule a Consultation for Your Truck Accident in New York and Florida

If a truck accident in New York has injured you, McPhillips, Fitzgerald & Cullum LLP can help. Our skilled attorneys are ready to guide you through the legal process and advocate for the compensation you deserve.

Contact us today to schedule a consultation at one of our offices in Glens Falls, NY ( 518-792-1174 ), Miami Shores, FL, ( 305-751-8556 ), or Chestertown, NY ( 518-792-1174 ).

The post Who Can I Sue for Compensation After a Truck Accident in New York? appeared first on McPhillips, Fitzgerald & Cullum LLP .

What Is the Difference Between Corporations, LLCs, and Partnerships?

Tue, 15 Oct 2024 18:00:00 GMT

Your choice can impact your finances, taxes, and liability, so selecting the right one is essential for the health of your business long-term.

McPhillips, Fitzgerald & Cullum LLP, serving Glens Falls, Chestertown, and Miami Shores since 1911, is here to help you find the best option for your needs.

Our experienced attorneys , widely recognized as a pillar of our local legal community, are dedicated to providing personalized support. They have extensive experience forming, selling, transferring, and dissolving businesses and corporate entities.

Here’s what you need to know about the differences between corporations, LLCs, and partnerships.

Understanding Corporations

A corporation is a separate legal entity. It exists independently from its owners. This setup protects from personal liability, so owners (shareholders) aren’t responsible for the company’s debts.

Shareholders risk only their investment in the company, not their personal assets. Corporations pay their own taxes, separate from owners’ taxes.

Large businesses that want to raise money by selling shares often opt for corporation structuring.

Advantages of Choosing an LLC

A Limited Liability Company, or LLC, blends corporate and partnership features. LLCs protect owners (called members) from personal liability.

Members report profits and losses from the business on their individual tax returns.

This “pass-through” structure makes taxes easier because the LLC doesn’t pay corporate taxes. This avoids the double taxation that corporations can face.

LLCs can be managed by their members or appointed managers. Small and medium-sized businesses often choose LLCs for their flexible management and simple taxes.

Key Points About Partnerships

Partnerships involve two or more people who share ownership and management of a business. There are two types: general and limited.

In a general partnership, all partners manage the business and share liability. In a limited partnership, some partners only invest without taking on liability.

Partnerships are simple to form with few formalities.

Companies that want a simple structure and are comfortable with shared management may opt for partnership structuring.

Help With Corporations, LLCs, and Partnerships in Glens Falls

Each option discussed here can have many variations and forms, so having expert legal help is crucial in managing your business. Choosing the right business structure helps protect your interests.

For guidance, call McPhillips, Fitzgerald & Cullum LLP at our Glens Falls and Chestertown offices at 518-792-1174 or our Miami Shores office at 305-751-8556 to schedule your consultation .

The post What Is the Difference Between Corporations, LLCs, and Partnerships? appeared first on McPhillips, Fitzgerald & Cullum LLP .

How Can a Real Estate Attorney Help Me?

Sun, 15 Sep 2024 18:00:00 GMT

Guidance Through Real Estate Transactions

When buying or selling property, a real estate attorney ensures that the process runs smoothly. They handle contracts, review agreements, and make sure all paperwork is accurate. This helps prevent potential legal issues that could arise later.

Having an attorney by your side means you have an expert to answer your questions and protect your interests.

Handling Legal Disputes

If you’re facing a dispute over property boundaries, title issues, or landlord-tenant disagreements , an experienced real estate attorney can be your advocate.

They will guide you through the process, negotiate on your behalf, and represent you in court if necessary. With their expertise, you have the best chance of achieving a favorable outcome.

Title Search and Insurance

Before closing a real estate deal, it’s crucial to ensure that the property title is clear of any liens or claims.

An attorney conducts a thorough title search, identifying potential issues that could affect your ownership. They also help you obtain title insurance , offering protection against any future problems.

Negotiating and Drafting Contracts

Real estate transactions involve complex contracts that contain legal jargon. An attorney will help you understand these documents, protect your rights, and negotiate terms to your advantage.

Their role is to make sure there are no surprises or hidden clauses that could cause problems later.

Schedule a Real Estate Law Services Consultation in New York or Florida

If you’re dealing with real estate matters, a qualified attorney can make a significant difference in your experience. At McPhillips, Fitzgerald & Cullum LLP, we have the expertise to guide you through every step of the process, whether you’re buying, selling, or resolving a dispute.

Call our Glens Falls and Chestertown offices at 518-792-1174 or our Miami Shores office at 305-751-8556 to schedule a consultation . We’re ready to assist with all your real estate needs in Glens Falls, NY, Chestertown, NY, and Miami Shores, FL.

The post How Can a Real Estate Attorney Help Me? appeared first on McPhillips, Fitzgerald & Cullum LLP .

I Got Hurt in a Slip-and-Fall Accident at the Store: Now What?

Thu, 15 Aug 2024 18:00:00 GMT

At McPhillips, Fitzgerald & Cullum LLP , our skilled attorneys frequently work with clients who have been injured in slip-and-fall accidents. If this sounds like you, you need to know what steps to take to protect your health and legal rights.

Document the Scene

The first thing you should do after a slip-and-fall accident is document the scene.

If you can, take photos of the exact spot where you fell. Include any hazards that contributed to the accident. Additionally, take the time to gather the contact information of any witnesses.

Report the Incident

Report the incident to the store owner or manager as soon as possible. Be sure to ask them to create an official incident report. Request a copy for your records as well.

This report will serve as important documentation of the event. It can support your case if you choose to pursue compensation.

Seek Medical Attention

Seek medical attention right away, even if you feel fine initially.

Some injuries, including concussions or soft tissue damage, may not be immediately apparent. However, they can have serious consequences if left untreated.

A medical professional can assess you and provide the necessary treatment while documenting your injuries — another crucial piece of evidence if you choose to file a claim.

The Importance of Legal Representation

In a slip-and-fall case, the store may be liable if you can prove that it was negligent in maintaining a safe environment. Store owners have a “duty of care” to ensure their premises are free from hazards that could harm customers.

Slip-and-fall cases can be challenging to navigate, especially when you’re dealing with insurance companies that may try to minimize your claim. An attorney can help gather evidence, negotiate on your behalf, and advocate for fair compensation while you focus on recovering.

Schedule a Consultation in New York or Miami

Have you been injured in a slip-and-fall accident? If so, don’t wait. Contact McPhillips, Fitzgerald & Cullum LLP today to schedule a case review.

Our team is here to help you navigate your legal options. Call our Glens Falls and Chestertown offices at 518.792.1174 or our Miami Shores office at 305.751.8556 .

The post I Got Hurt in a Slip-and-Fall Accident at the Store: Now What? appeared first on McPhillips, Fitzgerald & Cullum LLP .

The Leading Causes of Pedestrian Accidents in New York

Mon, 15 Jul 2024 18:00:00 GMT

By familiarizing yourself with these causes, you can better navigate the streets and help create a safer community for yourself and others.

Distractions and Inattentiveness

Both pedestrians and drivers in New York often encounter distractions that can lead to accidents. Common distractions include mobile phones, headphones, and other electronic devices that divert attention from the road.

Additionally, inattentiveness to traffic signals and jaywalking increases the likelihood of incidents.

To enhance your safety, it is crucial to stay alert and minimize distractions. Paying close attention while walking or driving, especially at busy intersections, can drastically reduce your risk of being involved in an accident.

Driver Behavior and Traffic Flow Issue

Driver behavior significantly impacts pedestrian safety. Common issues such as speeding, failing to yield, and ignoring traffic signals are prevalent causes of accidents in New York. Aggressive driving during heavy traffic periods further exacerbates these risks.

Such conditions often lead to dangerous situations for pedestrians navigating crosswalks and intersections, where most accidents occur. To protect yourself, remain cautious and vigilant in these high-risk areas.

Observing drivers’ behavior and anticipating possible dangers can help you avoid accidents. Making eye contact with drivers before crossing is also beneficial to ensure you are seen.

Environmental and Infrastructure Factors

Environmental conditions and infrastructure also play critical roles in pedestrian safety. In New York, poor lighting, inadequate crosswalks, and insufficient signage can create hazardous situations for pedestrians.

Furthermore, seasonal weather changes, such as icy or wet conditions, increase these hazards. Community involvement and local government action are necessary to address these issues and improve infrastructure.

Being more cautious during adverse weather conditions and advocating for better lighting, visible signage, and well-maintained crosswalks can significantly enhance safety.

Schedule Your Pedestrian Accident Consultation in New York and Florida

If you’ve been involved in a pedestrian accident in New York, don’t wait to get the help you need. Our team at McPhillips, Fitzgerald & Cullum LLP is ready to guide you through your options and support your journey to justice.

You can schedule an appointment at our Glen Falls or Chestertown offices in New York, or at our Miami Falls office in Florida. Call 518-792-1174 for our New York locations or 305-751-8556 for our Florida office.

Let McPhillips, Fitzgerald & Cullum LLP stand by your side and help you navigate this challenging time.

The post The Leading Causes of Pedestrian Accidents in New York appeared first on McPhillips, Fitzgerald & Cullum LLP .

The Benefits of Hiring an Attorney to Set Up My Trust

Sat, 15 Jun 2024 18:00:00 GMT

This process keeps your estate matters confidential and often speeds up asset distribution to your beneficiaries. Additionally, trusts may reduce estate taxes, allowing you to preserve more of your wealth for your loved ones.

Why You Should Hire an Attorney to Set Up Your Trust

When you consider setting up a trust, hiring an attorney offers numerous benefits over DIY methods or online solutions. This proactive step is vital for anyone looking to secure their financial future and protect their loved ones.

Tailored Advice : An attorney will provide personalized guidance based on your unique financial and family situation. This is something generic templates can’t offer.
Legal Compliance : Trust laws can be complex and vary by state. A lawyer ensures your trust abides by all legal standards, avoiding potential issues down the line.
Complex Situations : If your family or financial situation involves complexities like businesses, divorces, or special needs children, an attorney can navigate these with ease and expertise.
Security and Confidence : Knowing your trust is set up correctly provides peace of mind. You’ll rest easier knowing your assets are protected and will be handled as you wish.
Avoiding Disputes : Proper legal setup reduces the likelihood of disputes among your beneficiaries, preserving both your legacy and family harmony.

What to Expect When Working with an Attorney

When you hire an attorney to set up your trust, you start with an initial consultation. Here, you’ll discuss your goals and outline your assets. Your attorney will guide you through the legal complexities, ensuring your trust aligns with state laws and wishes.

They’ll handle all documentation and make the process clear and manageable. You are encouraged to ask questions and express any concerns; this cooperation ensures your trust accurately reflects your intentions and provides you with peace of mind.

Schedule Your Trust Consultation in New York

Ready to secure your future with a personalized trust? Schedule a consultation with the experienced attorneys at McPhillips, Fitzgerald & Cullum LLP today. Whether you need to safeguard your assets or ensure your family’s financial security, our team is here to help you every step of the way.

Call our New York offices at 518-792-1174 and our Miami Shores, FL, office at 305-751-8556 . Let’s get started on crafting a trust that perfectly suits your needs.

The post The Benefits of Hiring an Attorney to Set Up My Trust appeared first on McPhillips, Fitzgerald & Cullum LLP .

Recognizing Employment Discrimination and Protecting Your Legal Rights

Wed, 15 May 2024 12:43:00 GMT

Discrimination undermines workplace morale and productivity. It also violates fundamental human rights and legal protections. Here, we will address your issues and guide you toward the right legal path.

Employment Discrimination is a Serious Issue

Employment discrimination is a serious issue with far-reaching consequences. It perpetuates inequality, fosters hostile work environments, and denies individuals the opportunity to succeed in the workforce.

Discrimination can lead to financial instability, emotional distress, and damage to one’s professional reputation. Moreover, it erodes trust in institutions and perpetuates systemic barriers to equal opportunity and advancement.

How to Protect Your Legal Rights

First, familiarize yourself with federal, state, and local laws prohibiting discrimination in the workplace. Read about Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act ( ADEA ).

You also need to keep detailed records of any discriminatory actions or behaviors you experience or witness in the workplace. Note dates, times, witnesses, and relevant communications.

If you believe you have experienced discrimination, harassment, or retaliation in the workplace, follow your employer’s internal complaint procedures. If internal remedies are ineffective, consider filing a complaint with the Equal Employment Opportunity Commission ( EEOC ) or your state’s fair employment practices agency.

Lastly, consult with an experienced employment discrimination attorney to understand your legal rights and options. An attorney can guide the best course of action and represent your interests throughout the legal process.

Get the Best Legal Consultation in New York and Florida

Employment discrimination undermines the principles of fairness, equality, and respect in the workplace. If you believe you have been subjected to discrimination, don’t hesitate to call us at 518.792.1174 or 305.751.8556 and schedule an appointment with McPhillips, Fitzgerald & Cullum.

Our team can assist you in navigating employment discrimination issues. Schedule a consultation with us today to discuss your situation and explore your legal options. Your rights matter, and we are committed to fighting for justice and equality in the workplace.

The post Recognizing Employment Discrimination and Protecting Your Legal Rights appeared first on McPhillips, Fitzgerald & Cullum LLP .

Should I Hire a Criminal Defense Lawyer After Being Arrested for DUI?

Mon, 15 Apr 2024 18:00:00 GMT

While a DUI is a traffic violation, it is also a crime in all states. If you have been arrested for DUI, you should always contact a criminal defense lawyer immediately, especially if you have extenuating circumstances, such as previous DUI arrests or because you are being wrongly accused of DUI.

What Can a Criminal Defense Lawyer Do For Me?

Both Florida and New York states have strict DUI laws with heavy consequences, including the loss of your license and jail time if you break them. You may be facing more trouble than you think if you are arrested for DUI, even if it is your first time.

A criminal defense attorney can:

Provide legal knowledge of DUI laws, defenses, and procedures. They can help you through the legal process, including gathering evidence that could help your case.
Help protect your rights. A criminal defense attorney can head off any violations of your constitutional rights by prosecutors or police officers.
Help reduce the penalties against you. A criminal defense lawyer can work to minimize the penalties you are facing. The attorney can also explore other possibilities, such as diversion programs or plea bargains.
Determine a strong defense. Provide case assessment, including checking whether the traffic stop was valid, and the field tests were accurate, and, if applicable, argue the validity of a breathalyzer or blood test.
Negotiate on your behalf. Negotiate with prosecutors for a lower sentence, lower bond, alternative sentencing, and more.
Represent you in court if your case goes to trial. Your criminal defense lawyer can cross-examine witnesses, challenge the prosecution’s evidence, and make sure you are properly represented.

In addition, your attorney will work to mitigate long-term consequences, such as the loss of your license, difficulty finding employment, increased insurance premiums, extended jail time, and more.

Where to Find a Criminal Defense Lawyer for DUI in Glens Falls, NY

McPhillips, Fitzgerald & Cullum, LLP serves Glens Falls, Chestertown, and the surrounding areas in New York. We also serve Miami Shores and the surrounding areas in Florida. To find out more about DUI representation, speak with a criminal defense lawyer at McPhillips, Fitzgerald & Cullum, LLP. To schedule a consultation , please call 518-792-1174 in Glens Falls and Chestertown and 305-751-8556 in Miami Shores.

The post Should I Hire a Criminal Defense Lawyer After Being Arrested for DUI? appeared first on McPhillips, Fitzgerald & Cullum LLP .

How Can a Personal Injury Lawyer Help Me After a Car Crash?

Fri, 15 Mar 2024 18:00:00 GMT

No one expects to be in a car accident. If you end up in a car crash, you should know that a personal injury lawyer can give monumental aid during your crisis. At McPhillips, Fitzgerald & Cullum LLP, we endeavor to work closely with clients to provide the best possible legal counsel and peace of mind.

Ways That a Personal Injury Lawyer Can Help After a Car Crash

Working with a personal injury lawyer after an auto accident can provide you with several benefits. These include the following.

Giving Legal Advice

A personal injury lawyer can offer you essential legal advice. They can discuss your rights and advise you on what steps you should take after an accident. They can also explain what laws apply to your case and help you understand why they are helpful in your situation.

Communicating With Insurance Companies

Talking to your insurance company after an accident is exhausting, especially if you were injured. Your lawyer can handle those communications instead. They can talk to your insurers and make sure that your rights are protected. A personal lawyer will also ensure you receive fair compensation for your injuries, property damage, and other losses. In short, the lawyer will talk to them on your behalf and get you the compensation you need.

Investigating and Gathering Evidence

A lawyer can use their resources to build your personal injury. Claim. Your attorney will obtain a copy of the police report and evidence from the scene. They will take statements from witnesses and work with experts who can reconstruct your crash to provide further insight as to what took place.

Establishing Liability

Your personal injury lawyer will evaluate the details and circumstances around your accident. Through that, they can determine who is at fault and the best action plan.

Not only will your attorney fight to protect your legal rights, but they will also be a strong advocate for you throughout the entire legal process.

Schedule a Consultation Today

Being injured in a car crash is a harrowing experience, and dealing with the aftermath is often emotionally and physically draining. By employing a personal injury lawyer, you can rest easy knowing that someone is there to deal with the legal aspects of the accident, letting you rest and focus on recovery. Contact our team at McPhillips, Fitzgerald & Cullum LLP today to schedule a consultation by calling 518-792-1174 if you live in the Glen Falls, NY area or 305-751-8556 for Miami Falls, FL residents.

The post How Can a Personal Injury Lawyer Help Me After a Car Crash? appeared first on McPhillips, Fitzgerald & Cullum LLP .

How Pure Comparative Negligence Laws Affect My Injury Case

Thu, 15 Feb 2024 19:00:00 GMT

After you suffer injuries or lose a loved one in an accident, you can recover compensation for expenses and other damages if you can prove negligence in your injury case . In New York, awards for compensation are made based on pure comparative negligence laws. This was true also in Florida. However, in 2023, the laws changed to a modified comparative negligence system. Modified comparative negligence bars injured parties from recovering compensation if they are more than 51% at fault for the accident. Pure comparative negligence is different.

What Is Pure Comparative Negligence?

The court uses the tort principle of comparative negligence to determine the amount of damages in the form of compensation you can recover for your injuries and losses in an injury case. If the at-fault party was 100% at fault, you can recover 100% of the damages awarded to you.

If the court determines that you were partially at fault for your injuries, you can recover a percentage of the damages the court awards you. For example, you were traveling five miles over the speed limit. The defendant ran a stop sign and caused your injuries. Let’s say the court determines that you were 20% at fault for the accident because you were going five miles over the speed limit.

The court also determined that you should recover $100,000 for your injuries. Because the court made the determination that you were 20% at fault, you can only recover 80% of the $100,000 awarded amount.

With pure comparative negligence, you have the ability to recover compensation for the damages caused by the defendant so long as you are not 100% at fault. This means that even if you are 99% at fault for an accident, you can still recover compensation for the 1% of damages suffered due to the fault of the other party.

Determining Fault

Injury laws, including comparative negligence laws, are complex. For the court to determine you were partially at fault, the defendant must be able to prove you were partially negligent. In this case, speeding is often considered negligent – you had a duty to keep others and yourself safe, you breached that duty by speeding, you contributed to your own injuries when you breached that duty, and you have damages. It is best to work with our skilled attorneys to prove the defendant was responsible so that you can recover the maximum possible compensation for your damages.

Schedule a Consultation Today

McPhillips, Fitzgerald & Cullum LLP serves Glens Falls, Chestertown and the surrounding areas in New York and Miami Shores and the surrounding areas in Florida. To find out more about your injury case, speak with an attorney at McPhillips, Fitzgerald & Cullum LLP. To schedule a consultation , please call 518-792-1174 in Glens Falls and Chestertown or 305-751-8556 in Miami Shores.

The post How Pure Comparative Negligence Laws Affect My Injury Case appeared first on McPhillips, Fitzgerald & Cullum LLP .

Who Is Responsible for My Product Liability Injuries?

Mon, 15 Jan 2024 19:00:00 GMT

The U.S. Consumer Product Safety Commission reports that more than 23,000 Americans lose their lives every year as a result of defective or malfunctioning products. Another 31 million are injured. Although we purchase most products to help us better accomplish a task, there are far too many instances where innocent people are harmed as a result of the product not performing as intended. If you are unfortunate enough to be harmed as a result of a dangerous product, you may be able to file a product liability claim.

What Is Product Liability?

Product liability is a type of legal doctrine that provides injured plaintiffs with the ability to take legal action against negligent parties after being harmed by products that are defective or malfunctioning. Product liability claims fall under a category of law known as tort .

Tort-based claims arise in situations that involve a breach of warranty, strict liability, or negligence. These claims enable injured parties to recover compensation for medical expenses, damage to their property, and various other economic and non-economic damages. To recover fair compensation, you must be able to identify the liable party.

Who Is Liable for My Damages?

Liability in defective product claims is usually determined by the specific type of defect that a product has.

Defective Design

If there is a defect in the design of a product, it is inherently dangerous for users. If the design of a product is dangerous, the designer or manufacturer can be held liable for your resulting injuries and damages.

Manufacturing Defect

If the manufacturer cuts corners when creating and assembling the product, they can be held liable for any resulting consequences that consumers experience. This type of defect often arises from manufacturers using the wrong materials or not assembling the products correctly.

Failure To Warn

A failure to warn occurs when the product labels do not have adequate information to protect users. This can be instructions for how to use the product or warnings about potential dangers. When there is a failure to warn, users may unknowingly misuse the product. In these cases, the manufacturer, retailer, or seller of the product can be liable.

If you were harmed as a result of a defective product, we encourage you to reach out to our product liability lawyers right away to discuss your rights.

Schedule a Consultation Today

At McPhillips, Fitzgerald & Cullum LLP, our seasoned personal injury lawyers are committed to helping injury clients in Chesterfield, NY, Glens Falls, NY, and Miami, FL, protect their rights after being harmed by defective products.

Whether you were injured due to a defective design, a manufacturing defect, or a failure to warn, our team will gather the evidence necessary to prove your claim and help you seek damages for your injury. To discuss your legal options, contact our personal injury law firm today at (518) 792-1174 to schedule a consultation .

The post Who Is Responsible for My Product Liability Injuries? appeared first on McPhillips, Fitzgerald & Cullum LLP .

Understanding Slip and Fall Personal Injury Claims

Fri, 15 Dec 2023 19:00:00 GMT

Accidents happen when we least expect them. One moment, you’re going about your day; the next, you find yourself tripping or slipping and taking an unexpected tumble. Unfortunately, these incidents can lead to both physical and emotional injuries, often leaving many in need of professional support or medical treatment. A slip and fall case can be classified as a personal injury claim focusing on premises liability, which indicates that another individual or entity did not properly uphold the safety of their property. Here is what you need to know.

What Is Premises Liability?

Property owners have a legal and moral obligation to ensure the safety of visitors, guests, tenants, customers, or other individuals on their property. This obligation is commonly referred to as the duty of care of a property owner.

Premises liability is a legal principle that holds property owners accountable for injuries that occur due to hazardous conditions on their property. Examples of premises liability cases may include:

Slip and fall accidents
Injuries due to certain structures not being built to code
Elevator or escalator accidents

Why File a Slip and Fall Claim?

A slip and fall claim is a legal process that helps the victim recover financial losses from injuries sustained due to an unsafe situation on another person’s property. If the property owner did not provide enough safety measures or if the victim can demonstrate that the owner’s negligence led to the incident, the owner may be held responsible.

How to Prove Fault in a Slip and Fall Incident

If you or someone you care about has been injured due to slipping or tripping on someone else’s property, it is possible that the property owner could be held responsible for the accident.

To submit a claim, you must demonstrate that the property owner had a duty of care to you and that they failed to fulfill that responsibility. Evidence for these important factors will be required:

Dangerous conditions were present on the premises.
The unsafe circumstances were known or should have been known to the property owner.
The hazardous situation resulted in an injury or other damages.

Where to Seek Legal Counsel for a Slip and Fall Case

When dealing with slip and fall cases, it is crucial to take immediate action to preserve evidence, thoroughly investigate the accident, and file a lawsuit before the statute of limitations expires. If you or someone you care about has experienced injuries from a slip and fall accident, please contact McPhillips, Fitzgerald & Cullum LLP immediately at (518) 792-1174 or fill out our online form . We have offices in Glens Falls and Chestertown, NY, as well as Miami Shores, FL.

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What Damages Can I Recover After a Personal Injury Accident?

Wed, 15 Nov 2023 19:00:00 GMT

Accidents across the United States leave millions of people injured annually. Regrettably, many victims harmed in these accidents are left with towering financial burdens that make it challenging to get the care they need to recover. After suffering a personal injury in an accident, those harmed may have legal avenues that they can take to recover compensation to help ease some of the challenges that they face.

Getting Compensation With a Personal Injury Case

After being harmed in an accident, one of the most common actions taken by victims is the filing of a personal injury claim. These lawsuits are designed to provide those harmed with the financial resources they need throughout their recovery. These claims can be quite time-consuming and complex, making it essential to seek guidance from a personal injury lawyer immediately.

Damages That Can Be Recovered

Filing a personal injury claim can help those harmed recover compensation for various types of damages. The different types of damages that are recoverable can be economic, non-economic, and punitive damages.

Economic Damages

Economic damages are the costs and financial burdens that individuals face in the aftermath of their accidents. These include costs to replace or repair damaged property, lost wages, medical expenses, and long-term care costs.

Non-economic Damages

Non-economic damages are based on the accident’s impact on a person’s life rather than an actual monetary loss or expense. These damages include loss of enjoyment of life, pain and suffering, and loss of consortium.

Punitive Damages

Rather than providing victims with financial relief for economic or non-economic damages, punitive damages are awarded with the intention of deterring any further acts of gross negligence and disregard for human life. These damages are provided to injured parties to punish those responsible.

Schedule a Free Consultation Today

The personal injury attorneys at McPhillips, Fitzgerald & Cullum LLP have decades of combined experience representing victims who have been harmed in accidents due to the reckless actions of others.

With office locations in Chesterfield, NY, Glens Falls, NY, and Miami, FL, their dedicated legal team is ready and available to take your case and help you protect your legal rights. If you were hurt in an accident and believe negligence played a role, contact the office today by calling (518) 792-1174 to schedule a consultation .

The post What Damages Can I Recover After a Personal Injury Accident? appeared first on McPhillips, Fitzgerald & Cullum LLP .

What Do I Do After Being Hurt While Shopping?

Sun, 15 Oct 2023 18:00:00 GMT

When shopping at your local grocery store, the last thing you think about is being injured. Unfortunately, it is all too common for shoppers to suffer injuries as a result of falling merchandise, uncleaned spills, or even vicious attacks. If you find yourself injured as a result of an accident while at a business, it is essential for you to understand your rights. Premises liability laws provide you with legal options that can help you recover compensation for your resulting expenses and losses.

Proving Negligence

After an accident, you must demonstrate that negligence was the cause of your injuries and damages. This involves showing that you had the legal right to be at the business. Given the fact that most businesses operate to the public, this is not too challenging to show.

Furthermore, you must show that the owner or manager of the business failed to provide a safe location for you to shop. You must show that their inaction or action was the cause of your accident and that the accident resulted in your injuries and damages.

This can be done by showing that the store owner failed to clean up a spill, did not address broken ground surfaces, or did not properly secure merchandise on the shelves above.

The Right to Compensation

After proving negligence, you can request compensation for your damages. Damages can be economic, such as lost wages or medical costs, or non-economic, such as loss of quality of life or pain and suffering. Having a skilled legal team representing you can make all of the difference in your ability to recover full compensation for your damages. Your attorney will be able to investigate and negotiate for you.

Schedule a Consultation Today

If you have been hurt due to an accident while shopping, the premises liability lawyers at McPhillips, Fitzgerald & Cullum LLP are here to help. With offices located in Chesterfield, NY, Glens Falls, NY, and Miami, FL, their team is available to provide legal guidance and support during this challenging time. Contact the law firm at (518) 792-1174 to schedule a consultation or fill out the online form to get started.

The post What Do I Do After Being Hurt While Shopping? appeared first on McPhillips, Fitzgerald & Cullum LLP .

5 Reasons To Hire a Will Attorney

Fri, 15 Sep 2023 18:00:00 GMT

Why Should You Hire a Will Attorney?

Ensure It Is Legally Bound

It is possible to write a will on your behalf, without an attorney, that will be legally binding. However, it is difficult to be sure that it will stand up in court without speaking with an attorney. The statutes that govern probates are different from state to state, and the templates or information you are following must be up-to-date. It’s safer to ensure it’s legally bound by bringing it to an attorney to review it with you.

Assistance With All Family Dynamics

If you have a large family, have been married before, or have children with a different partner other than your spouse, a will can get slightly more complicated. A will lawyer can ensure each person is included and considered, and create a will that is best for your situation.

Address Multiple Parts of Your Estate

While your assets are certainly a large part of your will, there are many different requests you can put forth in your will. You can appoint a guardian for your children, make donations to a charity in your name, and more.

They Can Assist You With Updates

Many prepare their will early in life, so there are likely to be updates along the way as you acquire more assets or situations change.

Protect Your Interests

A will attorney and a will can also guard your interests. It’s important in the event of your passing, such as what you would like to be done with your remains, any information you would like to leave for family or friends, and more. It may also include important documents such as a healthcare power of attorney to grant someone the authority to make decisions about your medical care in the event of an accident.

Consult With a Will Attorney

Speak with one of the knowledgeable and experienced will attorneys in Chestertown, NY, at McPhillips, Fitzgerald & Cullum LLP today by calling (518) 792-1174 or visiting mfcllp.com . They also have convenient locations in Miami, FL, and Glens Falls, NY.

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How to Handle Employment Discrimination

Tue, 15 Aug 2023 18:00:00 GMT

Recognizing Employment Discrimination

The first step to taking a stand against employment discrimination is being able to recognize it, as it can come in different forms. Federal laws prohibit employment discrimination against people so knowing your rights is important. People can face employment discrimination due to their skin color, disability, military service, pregnancy, and more.

In many situations, an employer may try to wave off employment discrimination as harmless play or an unintentional mistake, so it is important to be able to distinguish the differences.

Some ways you may be able to classify employment discrimination is when something inappropriate occurs, such as someone making offensive comments or jokes. Unwelcome sexual advances, innuendos, racial slurs, and derogatory religious remarks also constitute discrimination and harassment.

Dealing With Employment Discrimination

There are a few steps you should follow if you feel like you are being discriminated against or harassed in the workplace. Some steps you can take after experiencing employment discrimination include:

Keeping a written history of discriminatory acts
Maintaining records of any reports you file
Speaking with an attorney
Make your employer aware of the situation
Filing a written report with HR

If you feel as though you need to pursue legal action, an experienced attorney will be able to guide you during the entire process and provide you with legal advice to help you receive the justice you deserve.

Contact Us Today

At McPhillips, Fitzgerald & Cullum LLP, located in Miami Shores, FL, our team of attorneys strives to help you receive the justice you deserve. If you or a loved one has experienced employment discrimination, give us a call at 305-751-8556 to schedule an appointment .

We also have offices in Glens Falls and Chestertown, NY, and are happy to serve you in any of our locations.

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What Is a Probate, and Do I Need a Lawyer?

Sat, 15 Jul 2023 18:00:00 GMT

Understanding Probate

While having a lawyer is helpful, it’s also good to understand what probate is. As mentioned earlier, probate is the legal transfer of the estate to the proper beneficiaries. The estate includes all assets and property. In most cases, a legalized will is filed to the probate court, and each state has its own rules for the timeline of this process. The court then verifies the will and responsibility for all assets of the deceased will be passed to the executor.

The executor is usually a family member of the loved one. They are then also responsible for estimating the value of the estate and are responsible for paying off any taxes or debts owed by the estate. If there is no will, the estate is considered intestate. An intestate estate will follow the state’s guidelines for distributing the assets appropriately.

Do I Need a Lawyer?

You are not required by law to have an attorney to help you through the probate process. However, the probate process can become challenging and confusing. A lawyer may not be necessary for a very simple estate with a straightforward will. That being said, a more complex estate or an estate with existing debts will present a legal challenge. In this situation, it’s often best to let a professional help guide you through this process so you can focus on arrangements for your loved one and grieving.

Our team at McPhillips, Fitzgerald & Cullum LLP is experienced in probate law and can help take the legal burden off your shoulders. We believe that no one should have to be run through probate court and deal with the stresses of the legal system alone. If you’re in need of a probate lawyer who will be there to guide you, contact McPhillips, Fitzgerald & Cullum at 518.792.1174 for our Glen Falls, NY office, 305.751.8556 for our Miami Shores, FL, office, or 518.792.1174 for out Chestertown, NY office.

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The Ins and Outs of Why You May Need a Construction Attorney

Thu, 15 Jun 2023 18:00:00 GMT

Construction on any level involves different processes and various legal agreements. Even if it’s simply having some renovations done to your home or property, there is a level of expectation for how things will get done and to what quality they will be accomplished. Defective construction or a breach of a commercial construction contract can lead to numerous issues that suddenly you or your company need to deal with. It is in these moments that you should consider getting a construction law attorney involved. Continue reading to find out more.

Small-Scale Construction

Small-scale construction involves work being done on a single property that is typically no more than a one or two-family home. These cases can involve defective work, lack of payment, or incompletion of agreed-upon services. It is crucial to have an outside party review the agreement documents of the build and to gauge whether or not the results are what was agreed upon. This can ensure that appropriate payment for the build, or correction of the build, comes out of the appropriate pockets.

Commercial-Level Construction

All commercial-level construction involves contracts depicting the task to be completed, the timeframe in which it needs to be completed, and how payment will be given based on those prior two factors. Whether you need us at the beginning to review a contract, or you feel it has been breached and want to pursue legal action, we can help.

Injuries and Mishaps

There are a lot of moving parts, heavy machinery, and potentially dangerous environments in the construction field. Accidents happen, and so does negligence. In either case, if you feel you deserve compensation for an injury or want to know if you do, we can help navigate the situation and see if a case can be made in your favor.

There are many other factors involving construction in which you may need help from a law office like McPhillips, Fitzgerald & Cullum LLP in Glen Falls, NY. These are just a few common situations that we typically get involved with. If you’d like to know more or feel we can help your situation, give us a call at 518-792-1174.

The post The Ins and Outs of Why You May Need a Construction Attorney appeared first on McPhillips, Fitzgerald & Cullum LLP .

What To Do If You’ve Been In a Slip and Fall Accident at Work

Wed, 31 May 2023 12:31:00 GMT

Slip and fall accidents at work are very common and occur all too often. This workplace accident can lead to injuries and in rare circumstances, even death. It is important to be aware of hazardous situations at work to avoid this accident but sometimes it will happen. You need to know what to do if you’ve been in a slip and fall accident at work.

What To Do

After being involved in a slip and fall accident at work, following the right steps after may be important as they can potentially be involved in your legal case. Doing this can also help protect your rights to seek out compensation for your injury.

Medical Treatment

If you’ve been injured in a workplace accident, the first thing you should do is seek medical attention and ensure that you are not in any immediate danger. Even if you believe you aren’t badly hurt, it is still important to check as the adrenaline could be masking any serious injuries.

Document The Incident

One of the most important steps to protecting your right to seek compensation for injury is documenting the scene. This means taking pictures of videos of what caused you to slip, trip, or fall. This evidence is extremely important to proving what you say really did happen.

Contact Your Employer

Aftering making sure you’re not injured and documenting the scene, it is important to contact your employer and let them know what happened. Since the incident happened in the workplace, it is required by some state law to notify your employer within a certain time frame in order to continue being eligible for compensation. Your employer also has procedures to follow in case of an accident at work.

Let Us Protect Your Rights

At McPhillips, Fitzgerald & Cullum LLP we pride ourselves on our hard work and straightforward dealing and loyalty to clients. When you work with us, you know exactly what to expect. We represent individuals and businesses in all types of lawsuits, and we make sure you get the justice you deserve.

Give us a call at our Glens Falls, New York office at 518-792-1174, or our Miami Shores, Florida office at 305-751-8556. You can also visit us at mfcllp.com to schedule an appointment and see what we can do for you.

The post What To Do If You’ve Been In a Slip and Fall Accident at Work appeared first on McPhillips, Fitzgerald & Cullum LLP .

The Steps You Should Take If You’ve Been In a Motor Vehicle Accident

Mon, 22 May 2023 12:26:00 GMT

Being involved in a car accident can be scary. Knowing what to do is important as it may help you later on in the court dealings and legal side of things. Whether it has been a small injury or a massive collison, it is important to document every detail of the accident. Here are the steps you should take if you’ve been in a car accident .

What You Need To Do Following The Accident

The very first thing to do after being in a collision is making sure you are okay, as well as any other passengers. Your safety should be your number one priority. After checking on yourself and your passengers, check on the others who have been involved in the collison and seek medical attention if needed.

Contact Police

After checking on everyone’s safety, it is important to notify the authorities and call the police. Reporting the incident is mandatory by law in some states. When the police officer arrives, collect their name, badge number, and contact information. It is also helpful to ask for a copy of the accident report from the officer.

Document The Scene

Now it’s time to document the scene by taking photos and videos of the damage using your smartphone. Taking photos of the car’s positioning on the street, close ups of the damage, as well as a video of the entire car will help decide who is at fault in the court of law. This evidence can help prove who is liable for the damage.

Contact Your Insurance Company

Not notifying your insurance company after a car accident can potentially leave you liable for all damage and costs. Call your insurance company and let them know you’ve been in an accident. Doing this will help you not be liable for anything once it’s been determined who is at fault.

Our Attorney’s Have You Covered!

At McPhillips, Fitzgerald & Cullum LLP, our attorneys have the experience, knowledge, and expertise to ensure you receive the justice you deserve. Our firm has earned Martindale-Hubbell’s highest rating of “AV” due to our determined, knowledgeable and experienced attorneys who are equipped with the passion and dedication needed to help you through every phase of your legal case. Give us a call at our Glens Fall, New York office at 518-792-1174, or at our Miami Shores, Florida office at 305-751-85556. You can also visit us at mfcllp.com to schedule an appointment .

The post The Steps You Should Take If You’ve Been In a Motor Vehicle Accident appeared first on McPhillips, Fitzgerald & Cullum LLP .

Drunk Driving: Is It Really Worth It?

Mon, 15 May 2023 12:25:00 GMT

Whether you had a few beers and are feeling tipsy or you’ve been partying all day and are drunk, getting behind the wheel while under the influence is never a good idea. Even if you’ve only had a glass of wine or two, if your blood alcohol content is 0.08% or more, and you get behind the wheel of a car, truck, boat, or golf cart, you still can be ticketed with a DUI or DWI or worse, cause a car accident.

Dangers of Drinking and Driving

While you may feel “ok” to drive your friends home after a night out at the bar, if you’ve been drinking, it could still impair you enough to affect your driving, even if you don’t feel any effects from the alcohol. The many effects of drinking and driving include:

Reduced concentration and slower reaction times. Alcohol can affect the way your body and brain react to certain situations, such as a car slamming on its brakes in front of you or a person running out into the street.
Your hand-eye coordination is affected. Drinking can impair your motor skills which could result in you swerving in the roadway and affect your hands on the steering wheel.
Memory loss. Alcohol can cause you to lose your memory temporarily, which could result in you not remembering what to do when you’re driving.
Enhance your risk of getting into a car accident. When you get behind the wheel after drinking, you are more at risk of getting in an accident. This could result in you or someone else getting severely hurt.
Severe consequences. Drunk driving can lead to a long road of life-changing results, such as killing someone in an accident and legal and financial repercussions.

What Happens When You Are Charged With Drunk Driving?

If you have been charged with a DUI, DWI, or DWAI, you may be facing severe fines, a lost driver’s license, probation, jail time, loss of employment, or increased insurance costs. Therefore, you will likely need legal services to give you legal advice and a good defense team. McPhillips, Fitzgerald & Cullum LLP has a great team of attorneys who specialize in driving while intoxicated charges.

Charged With DUI? Schedule Your Consultation Today

To get the best attorneys to help your defense and offer legal advice when you’ve been charged with a DUI, call McPhillips, Fitzgerald & Cullum LLP in Glens Falls, NY, and Miami Shores, FL, at 518-792-1174. We can provide you with a consultation with one of our attorneys specializing in DWI, DWAI, and DUIs.

The post Drunk Driving: Is It Really Worth It? appeared first on McPhillips, Fitzgerald & Cullum LLP .

Knowing Your Rights As a Tenant

Sun, 07 May 2023 12:19:00 GMT

If you are currently renting a residency, there are rights that you have as a tenant . These rights are called “Renters’ Rights.” They include laws that are designed to protect you as a tenant from being discriminated against or taken advantage of and ensure the place you are renting is safe and clean.

Your Right to Fair Housing

The Fair Housing Act states that a landlord cannot reject your application based on your religion, race, skin color, sex, age, disability, family status, or natural origin. Additionally, if you have a disability, the landlord must make accommodations for you, like renting you a unit on the ground floor if possible.

The Fair Credit Reporting Act states that if your renter’s application is denied because of your credit report, the landlord must tell you and let you know that you can formally request in writing what was on your credit report.

Your Right to a Safe Home

As a tenant, your landlord can only rent you an apartment, home, or condo if it is livable. The residence must have water, electricity, and heat. Your landlord is responsible for ensuring that the unit is safe to live in and repairs are made as necessary.

Another important tenant-right is that your landlord must provide you with privacy. This means they cannot enter your home without giving you proper notice. Each state has different laws about how far in advance your landlord must provide before entering your home.

Security Deposit Rights

If you have rented before, you probably know that most landlords require a security deposit just in case you cause any damage to the property while you are living there. When stating the deposit required, landlords must give all renters the same amount (unless there is a specific reason, like a pet) and not treat another renter differently. If the landlord is attempting to keep your security deposit after you move out because of damages, they must give you a written notice stating the damages and what they used the deposit for if you ask.

Schedule Your Consultation Today!

Do you think you may be experiencing discrimination from your landlord? Call McPhillips, Fitzgerald & Cullum LLP in Glens Falls, NY and Miami Shores, FL, at 518-792-1174 to schedule a consultation with our experienced attorneys!

The post Knowing Your Rights As a Tenant appeared first on McPhillips, Fitzgerald & Cullum LLP .

Does a Contingency Fee Cover Court Costs and Related Fees?

Sun, 30 Apr 2023 12:18:00 GMT

There are a lot of expenses that accompany the filing and completion of a personal injury lawsuit . For example, filing fees, fees for transcripts, hiring expert witnesses, obtaining medical records, and many more expenses are expected from the beginning of a case. In many instances, these are out-of-pocket expenses for the plaintiff.

We understand that financing a lawsuit is expensive and do not believe that fees should impede seeking justice. Therefore, when you choose McPhillips Fitzgerald & Cullum LLP, we cover these fees up front, enabling us to keep your claim progressing while positioning it for the best possible outcome.

Our contingency agreement is simple: we provide experienced legal representation, front out-of-pocket expenses, and take your case as far as needed to help secure fair compensation. If we fail to secure compensation, you pay no attorney fees. You may, however, be responsible for other fees fronted by our office during your claim.

At your complimentary case review, we can discuss possible fees and costs to help you determine if taking legal action is your best option.

Why Take a Case on Contingency?

Injury can be extremely expensive. Depending on the type, it can make working impossible, alter physical and mental abilities, impact emotional comfort, force changes to lifestyle, and create a lifetime of difficulty. The expenses related to initial and long-term recovery can be shocking as well. Worse still, they can be demoralizing and defeating, leaving victims to wonder how they will ever make ends meet again.

At McPhillips Fitzgerald & Cullum LLP, we know that no one anticipates an injury, and very few are prepared to cover the costs associated with one. We work on a contingency basis and front related fees so you don’t have to.

We take personal injury claims contingently because we are confident in our experience and abilities. We have a long and proud history of securing significant verdicts and settlements for victims of severe injury and give our all in every case we take. If you have been injured, we encourage you to get in touch for a free consultation where we can assess your case and help you choose the next best steps.

Please call us at 518-792-1174 to schedule a free consultation today. We have offices in Glen Falls and Chestertown, New York, along with Miami Shores, Florida, and serve families living in all nearby areas.

The post Does a Contingency Fee Cover Court Costs and Related Fees? appeared first on McPhillips, Fitzgerald & Cullum LLP .

What is Employment Discrimination?

Sat, 15 Apr 2023 12:06:00 GMT

Employment discrimination is a broad term that can cover a wide range of issues. But, generally speaking, if you have been treated unfairly due to specific characteristics or beliefs, you may have cause to file an employment discrimination lawsuit .

The Equal Employment Opportunity Commission (EEOC) determines what qualifies as discrimination. Laws enforced by the EEOC are intended to prevent discrimination based on the following:

Sex, Sexual Orientation, or Gender Identity
National Origin, Race, Color, or Ethnicity
Age or Genetic Information
Pregnancy or Medical Conditions
Religion or Political Affiliations
Disability

The EEOC also enforces laws regarding equal pay, sexual harassment, retaliation, and more. If you believe you have faced one or more types of employment discrimination, talking to an attorney is the best way to learn about your options.

Our attorneys welcome the opportunity to meet with you, listen to your case, and help you decide how best to move forward.

Examples of Employment Discrimination

Employment discrimination can look like many different things. You may have cause to file suit or seek compensation if you have been passed by for advancement or pay increases despite qualifications and seniority, subjected to humiliation, jokes, or harassment, or been fired without cause. However, it is unlikely that your employer will readily admit to these poor behaviors. Our lawyers take time to investigate these cases, working to identify all instances of mistreatment, and fight to restore dignity to employees faced with discrimination.

Employment discrimination does not have to come from management. If you are being harassed or mistreated by co-workers, subordinates, or even third-party contractors, you may have an employment discrimination case. The best way to find out is through a private, confidential, and no-risk consultation with one of our lawyers. This first meeting is free of both cost and obligation, enabling you to tell your story, get an overview of your options, and determine the best way to seek justice.

Please call McPhillips, Fitzgerald & Cullum LLP at 518-792-1174 to schedule your initial consultation today. We have offices in Glen Falls and Chestertown, New York, and Miami Shores, Florida. We serve people living in and around those communities.

The post What is Employment Discrimination? appeared first on McPhillips, Fitzgerald & Cullum LLP .

Brain Injury and Wrongful Death

Thu, 30 Mar 2023 10:19:00 GMT

Several issues can accompany a brain injury. Some of the most common complications include cognitive and mental processing changes, difficulties regulating emotions, vision and speech problems, and changes in physical abilities. And new research has found victims of brain injury have double the mortality rate 30 years post-injury than those who have never been injured.

A 30-year study from the Perelman School of Medicine at the University of Pennsylvania has found that people who have suffered a brain injury were two times more likely to die within the study period. This was true even for people with minor brain injuries. Those with severe brain injury had three times the mortality rate during the study. This expands on previous studies that have found a spike in short-term mortality among head injury patients and suggest that brain injury is a possible cause of death even years after it occurs. This must be considered when seeking compensation.

Filing Suit

You only have three years after an accident to file a brain injury lawsuit in New York. In Florida, that time is extended to four years, but waiting to file is never a good idea. The sooner you take action, the quicker our lawyers can get to work helping you secure fair compensation – and the better their chances of uncovering all the information needed to build a strong case on your behalf.

While many of these cases settle within a few months, it may take two years or more to secure a verdict. During this time, expenses can continue to compile. We do everything possible to speed the process without cutting corners. Helping you secure total compensation is our main priority.

Over the course of a lifetime, a brain injury can cost millions. One study found that the lifetime cost of treatment alone averages between $85,000 and $3 million per person. Factor in additional issues like an inability to work, and these costs will only go up. We are here to look at how your injury has impacted your life and seek compensation that is consistent with your needs.

Please call McPhillips, Fitzgerald & Cullum LLP at 518-792-1174 to schedule a free case review today. We have offices in Glen Falls, New York, and Miami Shores, Florida.

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How Long Do Product Liability Claims Take?

Wed, 15 Mar 2023 10:12:00 GMT

Product liability claims can take anywhere from a few months to a few years to settle. How long your case takes depends on how complex it is and other factors unique to your situation. The best way to get an accurate timeline is through a one-on-one consultation with an experienced attorney who can listen to your story, assess your claim, and help you understand what you can expect should you take legal action.

You have three years from the date of an injury to file a product liability claim in New York. However, the attorneys at McPhillips, Fitzgerald & Cullum LLP encourage you to take action long before that time approaches. The sooner we can get to work on your claim, the faster we may resolve it – and investigating the accident closer to its occurrence can help us build your case. So if you have been injured, get in touch today to schedule a free case review and learn more.

Settlement vs. Verdict

Many personal injury claims settle during mediation and negotiations. These typically occur within a few months of filing a lawsuit, following shortly after the discovery period. When a claim is settled during this time, it may only take one to two months to reach a reasonable agreement. However, some claims cannot be resolved during negotiations and will instead require a trial.

When a claim goes to trial, our lawyers seek a verdict rather than a settlement. Unlike a settlement, which is an agreement reached between all involved parties, a verdict is a judgment against one party and can result in significantly more compensation.

Most personal injury claims that go to trial are heard before a jury. More substantial compensation for pain and suffering is possible when this happens. So too, is the potential for setting precedent and helping to improve safety regulations, which is why many larger product liability claims, such as recent cases involving GM and Johnson & Johnson, head to trial more often than not.

At McPhillips, Fitzgerald & Cullum, we prepare every case for trial, even if it is likely to settle during negotiations. This way, we can handle any eventuality and ensure we provide the dedicated representation our clients deserve.

Please call our Glen Falls, New York office at 518-792-1174 to schedule your free case review today.

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How Long do I Have to File a Personal Injury Lawsuit in New York?

Tue, 28 Feb 2023 18:00:00 GMT

The statute of limitations on personal injury claims in New York is three years from the date of the accident. This may seem like a sufficient amount of time, but in the aftermath of a severe injury, the statute of limitations can easily pass before you have a chance to talk to an attorney. Therefore, making it a priority to speak with a lawyer as soon as possible following an accident is the safest way to protect your rights to seek compensation through legal action.

How Long Will My Case Take to Resolve?

Every personal injury claim is unique, something the attorneys at McPhillips, Fitzgerald & Cullum LLP understand deeply. We take time to understand the needs of each client and build cases that seek compensation in line with damages. This means that some cases are resolved before a trial while others may require one.

Cases that settle before a trial can often be resolved within a year. These are settled during negotiations and can result in sufficient compensation in some cases. However, a jury is needed to determine the outcome when no agreement can be reached. Cases that go to trial can take two or more years to resolve, depending on court dockets and other factors.

It isn’t easy to estimate how long a case will take to resolve, particularly when it is complex. When you choose our firm, we will remain in constant contact to ensure you have a say in the direction your claim goes. We do everything possible to resolve cases most swiftly.

Do I Have a Case?

When you sustain a serious injury in an accident, you are entitled to hold the responsible party accountable and seek compensation beyond whatever settlement insurance thinks is sufficient. However, not all situations will qualify for legal action. The best way to determine if you have cause to file suit is through a complimentary case review at our Glen Falls, New York office.

If you have been injured or a loved one has been killed in an accident, we can review your case and help you understand the best path forward.

Please call 518-792-1174 to schedule your free case review today.

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Deadly Truck Accidents

Wed, 15 Feb 2023 18:00:00 GMT

The Federal Motor Carrier Safety Administration (FMCSA) reports that 4,988 fatal crashes in 2020 involved at least one large truck or bus ; 2020 is the latest year for which complete statistics are available. This is a three percent decline in fatal truck accidents from the year before, but 2020 still came in as the third most deadly year for truck accidents since 2011.

FMCSA states that fatal truck accidents steadily declined from 2005 to 2009. However, between 2010 and 2020, these events increased by 31 percent. This is a clear indication that greater caution around large trucks is essential.

Driving Safely Around Trucks

The best way to avoid being involved in a truck accident is to practice safe driving around large trucks. Truck drivers have significant blind spots in front of, behind, and on both sides of their vehicles. If you cannot see the driver in the side mirrors, they cannot see you. So always stay out of blind spots.

Give trucks space. Trucks have a longer stopping distance, especially at highway speeds, and they need more room to turn. Be patient around trucks, giving them the time and space they need to maneuver safely.

And, as always, practice common sense driving: pay attention, avoid intoxication, drive courteously (avoid tailgating, erratic lane changes, and similarly aggressive behaviors), and only pass when you have sufficient room.

What to do After Losing a Loved One in a Truck Accident

When you lose a loved one in a truck accident, you may be entitled to seek compensation through a wrongful death lawsuit. The best way to learn if you can take legal action is through a one-on-one consultation with an experienced truck accident attorney.

McPhillips, Fitzgerald & Cullum LLP has assisted families for over 100 years. Our attorneys have the experience and resources to investigate the accident and establish liability, and the tenacity and commitment to take cases as far as needed in our pursuit of justice.

If you have lost a loved one in a truck accident, we encourage you to call our Glen Falls, New York office at 518-792-1174 and schedule a free case review today.

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Winter Sports TBI Awareness Month

Mon, 30 Jan 2023 05:38:00 GMT

January is Winter Sports Traumatic Brain Injury Awareness Month and a great time to recommit to taking steps to protect your head if you plan on engaging in a winter sport. It’s also an excellent time to consider your options if you sustain a brain injury while doing things like skiing, snowboarding, or ice skating.

The American Association of Neurosurgeons reports that only around 10 percent of all TBIs are sports-related, yet 30 percent of those come from snowboarding alone. The University of Washington has further found that as many as 25 percent of sports-related TBIs may come from downhill skiing, with snowmobiling not far behind. And while summer and fall sports, like football and skateboarding, may see a higher number of TBIs overall, the increased risks that come with winter sports warrants a month dedicated specifically to them.

You can help protect yourself against a TBI by wearing a helmet, staying in bounds, and sticking to slopes you are skilled enough to navigate. Never participate in winter sports alone and always notify people of your whereabouts. If you sustain an injury, having people know to call for help when you don’t come back can help save your life.

Inherent Risks

There are inherent risks involved in winter sports. For this reason, most states with commercial ski industries have passed laws protecting resorts from liability when someone is injured. However, while this is the case in New York, victims of winter sports accidents may still be entitled to seek compensation through legal action. The best way to determine if this is true in your case is through a free consultation at our Glen Falls office.

The attorneys at McPhillips, Fitzgerald & Cullum LLP have decades of experience helping victims of TBI and other severe injuries get the compensation they need to make the fullest recovery possible. We can review your case to help you determine how to move forward during your complimentary case review.

Please call our Glen Falls office at 518-792-1174 to schedule your free consultation today. We fight for victims of serious injury living throughout New York.

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Impaired Drivers are More Common Than You Might Think

Sun, 15 Jan 2023 05:30:00 GMT

When you think of driver intoxication, it’s likely alcohol that comes to mind. In recent years, marijuana has entered more heavily into the conversation, particularly as more states move to decriminalize or legalize consumption. But you may be surprised to learn that while nearly half of all drivers on the road are potentially intoxicated at any given time, prescription and over-the-counter medications play the most significant role.

A comprehensive study from the AAA Foundation for Traffic Safety found that nearly 50 percent of drivers interviewed were on a PDI (potentially driver-impairing) substance such as cough medicine, antihistamines, or muscle relaxants while driving within the previous 30 days. Almost one in five of these drivers reported taking more than one PDI within two hours of driving. An alarming 70.8 percent admitted to using three or more substances within hours of driving. And many of them had no idea they were ability-impaired.

One of the most shocking takeaways from the AAA study is how few people are warned by a pharmacist or healthcare provider about the potential for impairment with certain medications. Of course, this is much more common with OTC medications that can be purchased without first talking to a pharmacist, but even some prescription medications seem to slip through the cracks. Tragically, this directly translates to increased risks for motor vehicle accidents , placing countless people at risk for severe or fatal injury.

AAA found that drivers who were warned about the dangers of driving after taking a PDI medication were almost 20 percent less likely to drive. But what can you do when you are involved in an accident with a driver who didn’t know they were impaired? Can you still seek compensation beyond the offerings of insurance companies?

An intoxicated driver is an intoxicated driver. When someone else’s behavior, intentional or not, results in severe injury, victims are entitled to seek maximum compensation through legal action – and the attorneys at McPhillips, Fitzgerald & Cullum LLP are here to help you determine the best course of action for your claim.

Please call us at 518-792-1174 to schedule a complimentary case review today. We maintain offices in New York and Florida, and serve victims of serious injury living throughout those states.

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I Have Been Injured in a Slip and Fall Accident. What Are My Options?

Fri, 30 Dec 2022 10:44:00 GMT

When you are injured in a slip and fall accident , you may be able to seek compensation beyond the offerings of insurance. However, insurance companies know that if they can get you to accept a settlement before you talk to an attorney, they can often minimize the amount they must pay. With this in mind, it is always a good idea to speak to an experienced slip and fall attorney before you accept an offer from insurance to make sure you do not agree to less than you are due.

Causes and Consequences of Slip and Fall Accidents

Unmaintained premises pose several opportunities for slip and fall accidents. Some of the most common causes of these accidents are:

Wet Walkways
Ice and Snow
Poor Lighting
Liquid Spills

Inadequate safety features, such as missing handrails, a lack of signage, and poor design, can also contribute to these accidents.

Some slip and fall accidents result in little more than a bruise. However, many cause painful and long-lasting injuries, including traumatic brain injury, spinal cord injury, and fractured hips. Most at risk for severe injury are elderly victims of slip and fall accidents, but anyone can suffer catastrophic harm when a premise is unmaintained.

If you or someone in your family has been injured after a fall, talk to one of our attorneys to learn about your rights and options.

Seeking Compensation

Property owners and managers are legally responsible for ensuring their premises are safe. When they fail to do so and injury results, they can be held liable for medical expenses, financial losses, and personal pain and suffering. However, establishing liability is not always easy.

When you contact McPhillips Fitzgerald & Cullum LLP for a slip and fall injury, we can investigate your accident to determine who is at fault. But remember, the statute of limitations gives you only so much time to file suit. The sooner you get in touch with our Miami Shores, Florida, or Glen Falls, New York office, the quicker we can look into your claim and help you determine the best course forward.

Do you need help? Call our New York office at 518-792-1174 or our Florida office at 305-751-8556 to schedule a free case review and learn more about your rights.

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Understanding the Risks of Drowsy Driving

Thu, 15 Dec 2022 10:45:00 GMT

According to studies conducted by the CDC, one in 25 adults reports falling asleep behind the wheel over a 30-day period. This is a frightening statistic, but it fails to capture the full scope of the problem. Not all drowsy drivers fall asleep, but all drowsy drivers pose a serious threat to everyone on the road.

The National Highway Traffic Safety Administration reports that 633 people died in drowsy driving crashes in 2020, the latest year for which statistics are available. Fatal injuries are, however, not the most common result of accidents caused by sleep-deprived drivers. Every year, nearly 100,000 police-reported accidents are caused by drowsy drivers, and thousands of them result in severe, often debilitating injuries . When you or someone you love is the victim of a drowsy driver, you have every right to hold them accountable and seek maximum compensation for all related damages.

Drowsy Driving Awareness Week

The first full week of November is Drowsy Driving Awareness Week, a good time to acquaint yourself with the dangers of this shockingly common behavior. Drowsy Driving Awareness Week is also an excellent opportunity to reconsider your driving habits and commit to doing everything possible to keep yourself and others on the road safe from these accidents.

Driving while sleepy has several serious impacts. These include:

Delayed Reaction Time
Impaired Decision Making
Slower Cognitive Function
Lowered Risk Inhibition

Studies have shown that driving after 20 hours without sleep is the equivalent of driving while legally drunk. According to the National Safety Council, drivers are three times more likely to be in an accident if they are sleepy.

Truck Accidents

The Large Truck Crash Causation Study conducted by the Federal Motor Carrier Safety Administration found that 13 percent of truck accidents involve a sleepy trucker. Unlike motor vehicle accidents involving passenger vehicles alone, truck accidents caused by a drowsy driver may involve multiple liable parties. They are also more likely to result in serious or fatal injuries. These accidents demand the attention of a qualified attorney who can investigate the cause, identify all liable parties, and help you recover damages beyond the offerings of insurance companies.

If you or someone you love has been involved in an accident caused by a drowsy driver, McPhillips Fitzgerald & Cullum LLP is here to help. Call us at 518-792-1174 to schedule a free case review at our Glen Falls, New York office or 305-751-8556 for a complimentary consultation at our office in Miami Shores, Florida.

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Safe Toys and Gift Awareness Month

Wed, 30 Nov 2022 06:00:00 GMT

December is Safe Toys and Gift Awareness Month, an effort from Prevent Blindness America that encourages parents and other gift-givers to consider the toys they give to children. Things to bear in mind when giving a toy as a gift include the child’s age and whether a toy requires adult supervision or assistance. Additional considerations include general safety issues such as parts that shoot or fly, sharp or pointy edges, and other potential safety concerns. Prevent Blindness America suggests gift-givers look for toys with American Society for Testing and Materials (ASTM) certification to ensure they provide something that can be safely enjoyed.

There is an onus on gift-givers to ensure the toys they give children are age-appropriate and safe. But what can be done when a toy is dangerous due to a defect? Research has found that hazardous toys injure over 200,000 children every year. When the danger is from a design defect, improper labeling or warnings, missing instructions, or another manufacturing error, the families of injured children have every right to seek fair compensation through swift legal action.

Product Liability

Under product liability law, manufacturers, retailers, and suppliers of defective toys can be held accountable for injuries sustained by children. However, in New York, parents of injured children only have three years to take legal action after an injury has occurred. If a defective toy has injured your child, we encourage you to contact our office immediately to schedule a free consultation and learn more about your options and rights.

As parents, we do everything possible to protect our children from harm. As such, the emotional consequences can be profound when harm comes from a gift. In seeking compensation for a defective toy, our lawyers take into account all of the ways these injuries impact children and their families, physically, financially, and emotionally. We are prepared to take viable cases as far as necessary to help secure compensation the total compensation victims and their families deserve.

If you need legal assistance, call our Glen Falls office at 518-792-1174 to schedule a cost and obligation-free consultation today.

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Holiday Traffic Increases the Risk of Accidents and Injury

Tue, 15 Nov 2022 06:00:00 GMT

The holiday season runs from Thanksgiving to New Year’s Day. This is a time of celebration for many people, encompassing several different holidays that increase familial and social gatherings that require some level of travel.

The busiest travel days during this time are:

The Day Before Thanksgiving
The Sunday After Thanksgiving
The Day Before Christmas Eve
The Day After Christmas

According to AAA, 50.4 million people traveled for Thanksgiving in 2021, and 109 million traveled for Christmas. Most of these, even those going to the airport, traveled at least some of that distance in a passenger vehicle. This year promises to be more of the same, bringing thousands of additional drivers onto already busy New York highways and increasing risks for serious or fatal motor vehicle accidents . If you plan on driving this year, it is essential that you take steps to protect yourself and others on the road.

Safe Driving Tips for Holiday Travelers

If you are traveling for the holidays, remember to give yourself additional time to get to your destination. There will be increased traffic, which will almost certainly impact your travel. Planning on a slower drive can help you remain more patient, which can help to reduce the risk of causing an accident.

In addition to being patient, give the cars around you plenty of room to maneuver. A good rule of thumb is the two-second rule: pay attention to the vehicle in front of you. When it passes a pole or other fixed object, count one-one-thousand, two-one-thousand, making sure that the front of your vehicle does not pass the same object before reaching your second count. This lets you know you have enough room to brake should the need occur suddenly.

Also, remember to:

Stay Sober
Avoid Distraction
Obey Traffic Signs
Signal Your Intent
Follow the Flow of Traffic

These steps can help you avoid causing an accident. They may also help you avoid being the victim of someone else’s.

Have You Been Injured?

Safe driving is the responsibility of each driver. When you are involved in an accident caused by a driver who failed to be safe, you may be entitled to seek compensation for your injuries. The attorneys at McPhillips, Fitzgerald & Cullum LLP are here to help.

Please call our Glen Falls, New York office at 518-792-1174 to schedule a free case review and learn more.

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What is the Statute of Limitations for Truck Accidents in New York?

Sun, 30 Oct 2022 04:00:00 GMT

You have three years from the date of a truck accident to file a personal injury claim in New York. However, waiting to file a claim can cause complications. Therefore, it is always best to take action as soon as possible, long before the statute of limitations becomes a factor.

Very Complex Accidents

Accidents involving trucks are among the most complicated motor vehicle accidents . Often more severe than accidents concerning passenger vehicles alone, truck accidents frequently result in:

Traumatic Brain Injury
Spinal Cord Injury
Broken or Pulverized Bones
Organ Damage
Amputation
Disfigurement
Death

Not only is the risk of catastrophic injury more likely in a truck accident, but there can also be several liable parties – some who may even be miles away from the scene of the accident – further complicating the claims process. Unfortunately, this often allows victims to be cheated out of fair and total compensation.

The truck accident lawyers at McPhillips, Fitzgerald & Cullum LLP understand the complexities of these cases. We take time to investigate truck accidents, working tirelessly to identify all liable parties and ensure each is held to complete account. We are here to stand by your side, protect you from the methods employed by insurance companies to cheat victims out of compensation, and fight for every penny you are due, no matter how long it takes.

How Long do Truck Accidents Take to Settle?

Most personal injury claims settle within a year, though circumstances – particularly with complex cases – can extend this time. If a settlement cannot be reached before a claim goes to trial, it can take two or more years to reach a verdict. Much of this depends on the specifics of the case, the injuries’ severity, and the liable parties’ willingness to admit fault.

The best way to learn how long your claim may take to settle is through a free case review with one of the experienced attorneys at our Glen Falls or Chestertown office. Please call 518-792-1174 to schedule your complimentary case review today. We welcome clients living throughout Warren County and nearby areas of New York.

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Defective Tools and Personal Injury

Sat, 15 Oct 2022 07:00:00 GMT

Recently, DeWALT issued a recall for more than 1.4 million of its 12-inch Sliding Compound Miter Saws. According to the recall issued by the company, the saw’s rear safety guard, designed to prevent laceration and amputation, can break or detach. This poses a serious risk to operators and bystanders who may be hit by projectiles when the guard detaches.

Unfortunately, instances like this are far from rare. Thousands of products are recalled yearly due to design flaws, poor manufacturing practices, cheap parts, and sloppy assembly. Victims are entitled to seek fair compensation through legal action when one of these products causes harm, even if it has been recalled.

Does a Recall Protect a Company from Legal Consequences?

Recalls are intended as a stop-gap to prevent injury and avoid legal ramifications from a defective or dangerous product. However, a recall is not a protection against liability. When a company has produced a dangerous or defective product, it can be held liable for any damages that result from its negligence.

When you are the victim of a defective product , you might be faced with expenses from medical care, home modifications, and assistive technologies. You may be unable to work or faced with new, permanent limitations, all while suffering from the pain and anguish that can accompany a severe injury. These things demand justice.

If you are injured or a defective product kills a loved one, you need a lawyer on your side who can help you understand your options. Product liability claims are often complex. Working with a law firm that knows how to handle these cases is essential. So too is choosing one that will stand by your side and fight for the best possible outcome, no matter what the other side brings.

The attorneys at McPhillips Fitzgerald & Cullum LLP bring decades of experience to every case we take. Our lawyers are here to listen to your claim and provide clear information about your options to help you determine the best course for your claim.

Please call 518-792-1174 to schedule a free case review today. We have offices in Glen Falls, New York, and Miami Shores, Florida.

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Faulty Sleep Apnea Machines

Fri, 30 Sep 2022 06:54:00 GMT

Sleep apnea is a serious condition that can lead to several fatal complications. People with sleep apnea stop breathing multiple times while sleeping each night. Breath cessation may last for up to ten seconds each time, interfering with proper oxygen flow to the body and brain. This can exacerbate existing conditions while increasing risks for heart disease, hypertension, mood disorders, excessive daytime fatigue, and cognitive difficulties.

The most common treatment for sleep apnea is CPAP. These machines produce a consistent flow of oxygen to help prevent periods of breath cessation. Oxygen is delivered through tubes inserted at the nostrils or provided through a respirator worn over the mouth.

It is estimated that more than 8 million people in the United States rely on CPAP.

Phillips CPAP Recall

Phillips has recently issued a recall for their sleep apnea machines due to an issue with the foam used in the respirators. According to the FDA, a suspected breakdown of the foam used in Phillips respirators has resulted in more than 48,000 complaints involving a wide range of injuries , including:

Cancer
Pneumonia
Asthma
Respiratory problems
Infection
Headache
Cough
Difficulty breathing
Dizziness
Nodules
Chest pain

According to the FDA, 44 deaths related to these CPAP machines had been reported as of July.

What Are Your Rights?

CPAP machines are intended to save lives. They are designed to improve sleep quality, decrease risks for serious and deadly disorders, and help people suffering from sleep apnea live healthy and fulfilling lives. What happens when they do the exact opposite or cause issues on their own?

When a defective product injures you, you have every right to hold the manufacturer accountable and to seek compensation for all related damages. This may include medical expenses, wages lost during recovery, forced changes to your lifestyle, personal pain and suffering, and any other issues related to your injury. Talking to a qualified lawyer is an excellent way to learn more about your rights and options.

You Are Not Alone

A recall has been issued for these devices, but that does not protect Phillips from liability for any damage already done. Injury from a defective product can have wide-reaching and profound consequences. If you are facing these, use our lawyer locator to find an attorney in your area and schedule a free case review today.

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I Wasn’t Wearing a Helmet. Can I Still File a Motorcycle Accident Claim?

Thu, 15 Sep 2022 05:00:00 GMT

Motorcycle helmet laws vary from state to state. For example, in Florida, only riders under 21 must wear a motorcycle helmet. However, eye protection is required, and un-helmeted riders must carry an insurance policy with a minimum of $10,000 in medical benefits.

In New York, all riders and passengers are required to wear a helmet and eye protection while on a motorcycle. This also applies to Class A and Class B mopeds in New York.

Using a motorcycle helmet has been shown to significantly reduce the risks of head injury during a motorcycle accident . According to the National Highway Traffic Safety Administration, un-helmeted motorcyclists are more than 3x as likely to suffer a traumatic brain injury in an accident as those wearing a helmet.

Traumatic brain injury can result in a permanent loss of ability. It can interfere with family, social, and work life, require round-the-clock care, and necessitate several types of therapy. The estimated lifetime cost of a traumatic brain injury can range from $85,000 to $3 million. When your injury results from someone else’s negligence, you are entitled to seek compensation for these and all associated costs.

What if I wasn’t Wearing a Helmet?

You might be able to seek compensation through a personal injury lawsuit even if you weren’t wearing a helmet. However, the amount of payment you are awarded will likely be diminished by this fact. In addition, if you were not wearing a helmet in a state where helmet use is required, you might also face additional fines and penalties for breaking the law. This is separate from your injury claim.

The best way to determine if you have a right to seek compensation is through a one-on-one consultation with an experienced attorney. At McPhillips, Fitzgerald, and Cullum, our lawyers understand the complexities of these cases. We can help you determine the best course forward during your complimentary case review.

Please call 518-792-1174 to schedule a free consultation at our Glens Falls, New York, or Miami Shores, Florida office. We fight for victims of serious injury living in New York and Florida.

The post I Wasn’t Wearing a Helmet. Can I Still File a Motorcycle Accident Claim? appeared first on McPhillips, Fitzgerald & Cullum LLP .

Construction Site Accidents and Personal Injury Law

Tue, 30 Aug 2022 10:00:00 GMT

Workers’ compensation is a type of no-fault insurance that provides benefits for people who have been injured on the job. Nearly all employers are required to carry workers’ compensation insurance.

Workers’ comp covers the hourly and salaried employees of a company. It does not cover independent contractors. Unfortunately, in the construction industry, one of the country’s most dangerous and deadly industries, many workers are classified as contractors and therefore not eligible for benefits.

There are several causes of construction accidents. When you are seriously injured in one caused by someone else, you may be entitled to seek compensation through a personal injury lawsuit. The best way to determine if this is an option for you is through a one-on-one consultation with a construction law attorney at McPhillips, Fitzgerald & Cullum LLP. During this free case evaluation, we can help you understand your options, rights, and the best direction for your claim.

Workers’ Comp vs. Personal Injury

Workers’ comp covers all medical expenses related to an injury. This insurance also covers travel expenses to and from appointments and ¾ of your weekly wages. Benefits continue until a doctor, who your employer has selected, decides it’s okay for you to return to work.

A personal injury claim is used to seek compensation for all current and future medical expenses. These claims also seek damages for lost wages, forced changes to your lifestyle, and personal pain and suffering.

Personal injury claims are not limited by your weekly wage or subject to the decisions of your employer-chosen doctor. Instead, they are used to seek maximum compensation for the victims of other peoples’ negligence.

When you file a workers’ compensation claim, you waive your right to seek damages through a personal injury suit. Before you move forward with either option, you should talk to a qualified attorney who can review your case and help you choose the best path forward.

Call McPhillips, Fitzgerald & Cullum at 518-792-1174 to schedule your complimentary case review today. We have offices in Glen Falls and Chestertown, New York, as well as Miami Shores, Florida. We serve victims of serious injury living throughout the country.

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Do I Need a Lawyer After a Slip and Fall Accident?

Mon, 15 Aug 2022 08:43:00 GMT

Slip and fall accidents are common and, in some cases, result in little more than a bruise and some embarrassment. However, falls are also the leading cause of traumatic brain injury and may result in a host of additional concerns including spinal cord injury, broken or fractured bones, and even death.

When a slip and fall accident is insignificant or injuries are minor, you don’t need legal assistance to seek compensation. In these cases, if compensation is needed for medical attention, it will likely come through an insurance claim. When a slip and fall accident is serious, resulting in severe injury or death, it is a good idea to contact an attorney as soon as possible to learn about your rights and your options.

Who Can be Held Liable?

Slip and fall accidents are typically a premises liability issue. When this is the case, the owners, managers, or stewards of the location where the accident took place may be liable for any damages related to the accident. This may include individuals, a corporation, a trust, or even a government entity. In some cases, it may include more than one party.

Following a slip and fall accident that results in serious injury, it is important that an experienced legal team investigate your accident to determine where the fault should lie. Only by identifying the liable parties can full compensation be sought.

At McPhillips, Fitzgerald & Cullum, our attorneys have the experience, tenacity, and resources to help victims of serious injury get justice. We know how to investigate slip and fall accidents and understand the many ways the injuries they cause can impact every aspect of a person’s life. If you have been injured in a slip and fall accident, we are here to listen to your story, provide straightforward information about your options, and help you choose the best course forward.

Please call McPhillips, Fitzgerald & Cullum at 518-792-1174 to schedule a complimentary case review today. We maintain offices in Glen Falls, New York, and Miami Shores, Florida

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What is the Statute of Limitations for a Personal Injury Claim?

Sat, 30 Jul 2022 05:00:00 GMT

The statute of limitations for a personal injury claim in New York is three years. The statute of limitations for a personal injury claim in Florida is four years. There are some exceptions to both of these, but by and large, they represent the exact amount of time you have to take legal action following an injury.

Waiting Can Cause Complications

Waiting to take legal action following an accident can complicate the claims process. In some cases, insurance companies may swoop in quickly to try and secure a settlement. They know that once you have accepted their offer, you cannot seek further compensation. It is always best to talk to a lawyer before you accept an offer from insurance.

Medical expenses, an inability to work, and similar complications that can follow an accident can have a profound impact on financial security. Taking action swiftly helps to resolve your case more quickly. In fact, most personal injury claims resolve within two months to a year. The sooner you take action, the faster you can secure compensation, helping to alleviate financial worries.

Waiting to file may complicate the investigative process and make the collection of evidence more challenging. Allowing our firm to get involved right away helps to preserve evidence and may work to strengthen your claim. Whenever possible, we strongly encourage immediate action following an accident.

Taking Action Isn’t Always Possible

Even if you cannot take swift action, speaking to a lawyer is always the best decision. So long as you are within the statute of limitations, there is the possibility of seeking compensation through legal action. Our experienced legal team is here to review the details of your case, provide information about your options, and help you determine how best to move forward.

Please call 518-792-1174 to schedule a complimentary case review at our Glen Falls, Ney York, or Miami Shores, Florida office.

The post What is the Statute of Limitations for a Personal Injury Claim? appeared first on McPhillips, Fitzgerald & Cullum LLP .

Workers’ Comp or Personal Injury?

Fri, 15 Jul 2022 16:00:00 GMT

When you are injured on the job, you may have the option to choose between pursuing compensation through an insurance program like workers’ comp or taking legal action through a personal injury claim . This is largely dependent on the nature of your work, the extent of your injury, and the circumstances surrounding your accident.

Who is Eligible for Workers’ Compensation?

In the state of Florida, all employers with four or more employees must carry workers’ comp insurance. In New York, all businesses, regardless of the number of employees, must carry this insurance.

Workers’ comp is no-fault insurance. This means that even if your actions played a role in your accident, you will be entitled to seek compensation for medical expenses and a portion of your lost wages until you have recovered enough to return to work. Due to this, workers’ comp is a good fit for many workplace injuries.

You are not eligible for workers’ compensation if you are an independent contractor. This is particularly problematic in the construction industry where many workers are labeled “contract.” If you are a contract worker who has been injured on the job, you will not be able to seek no-fault compensation.

Which is Better?

Both workers’ comp and personal injury law are helpful for injured workers. Which option is right for your situation is related to factors specific to your case. It can be useful to discuss your case with an experienced personal injury lawyer who can review the details of your accident and provide straightforward answers about the best way to proceed. Neither option is suitable for every situation.

For a personal injury lawsuit to be viable, there must be a negligent party. This can complicate the claims process and may result in a delay of funds. Having a lawyer who understands both what you need right now and what you will need in the future can help you understand if pursuing this action is worth your while.

Contact Us for Help

Please call 518-792-1174 to schedule a complimentary consultation with one of the attorneys at McPhillips, Fitzgerald & Cullum. We maintain offices in New York and Florida.

The post Workers’ Comp or Personal Injury? appeared first on McPhillips, Fitzgerald & Cullum LLP .

School’s Out: Prevent Child Pedestrian Injuries

Thu, 30 Jun 2022 05:07:00 GMT

Pedestrian accidents are serious and heartbreaking events, especially when they involve children. Now that schools are closed, it’s a good time to remind parents and other drivers on the road how to prevent child pedestrian injuries. By embracing these tips, you can protect yourself from a personal injury claim. More importantly, parents can ensure that their children are safe out there.

Driver Awareness

When schools are not in session, it’s easy for drivers to overlook the designated speed limits. In some cases, they might not even be careful when driving past crosswalks. However, drivers need to stay alert to avoid pedestrian accidents. For instance, they should avoid getting distracted when on the wheel. Driving slowly in areas where there are kids is also essential.

Drivers should also be aware that they are responsible for pedestrian safety. It’s their duty to watch out for pedestrians, especially in areas where children might be present.

Children don’t always follow the rules. There are times when they cross the road without checking the signs or using crosswalks. Drivers should be keen when driving on residential streets, playgrounds, parks, and school zones.

Following the set speed limits is a must. Whether in areas with pedestrian traffic or school zones, drivers should always follow speed limits.

Parent Precautions

Parents should also consider the following tips to protect their kids from careless and distracted drivers.

While children might be taught the basic safety tips in school, parents should reinforce these tips by training their kids. Children should be trained to be careful when crossing the street. They should also be cautious when using crosswalks. There are incidents where drivers are distracted and might cause an accident. These simple tips should help your child stay alert and safe from any possible accidents.

Your child’s safety is our number one priority. In case your child is involved in a pedestrian accident, feel free to talk to us . We at McPhillips, Fitzgerald & Cullum take such accidents seriously, and we strive to ensure that reckless drivers are held liable for any damages caused.

The post School’s Out: Prevent Child Pedestrian Injuries appeared first on McPhillips, Fitzgerald & Cullum LLP .

3 Questions to Ask Your Personal Injury Attorney

Wed, 15 Jun 2022 09:37:00 GMT

Millions of Americans are treated for unintended injuries annually. Often, these injuries occur because of issues such as work-related falls and car accidents. When faced with such injuries, seeking legal expertise is imperative.

Ideally, you will have several lawyers to choose from in your location. Finding the right lawyer for the job calls for consultations. These consultations will help you gather all the relevant information to determine whether the lawyer is experienced enough to handle your case.

Below are important questions to ask your personal injury attorney before hiring them.

What is your legal background?

For starters, you need to establish whether your lawyer has enough experience in your area of interest. You want to be sure that you will be hiring someone knowledgeable about personal injury claims. At McPhillips, Fitzgerald & Cullum LLP, we have a team of experienced attorneys in personal injury. We strive to deliver in all aspects related to the case that you might be involved in.

What fees are involved in hiring a lawyer?

It’s also important to know more about the fees involved in hiring a lawyer. In most cases, a lawyer will work with you on a contingent basis. Here, a lawyer will take a cut of the settlement you get from your case.

The only way to get accurate information about the fees involved in the hiring process is to consult with your preferred lawyer. First, get to know more about their experience before asking how much you are expected to pay.

Luckily, at McPhillips, Fitzgerald & Cullum LLP, we offer a free initial consultation service to determine the facts of the case. Once we agree to work with you, we will offer our legal services on a contingent fee basis.

What is your case worth?

Part of the preparation process requires knowing how much your case is worth, depending on the extent of your injuries and damage caused.

Whether you or your loved one is involved in a personal injury-related case, you can simply submit a case review form. The details provided in this form will help our legal team know how much your case is worth.

Rushing through the lawyer selection process is a big mistake. It’s important to do your homework before making any decisions that might affect you and your loved ones. At McPhillips, Fitzgerald & Cullum , we know how challenging it is to find a reputable lawyer. For that reason, we are dedicated to providing you with the legal expertise you need, when you need it.

The post 3 Questions to Ask Your Personal Injury Attorney appeared first on McPhillips, Fitzgerald & Cullum LLP .

Common Types of Compensation in a Brain Injury Case

Wed, 01 Jun 2022 05:17:00 GMT

Following a workplace accident, a fall, a motor vehicle accident, or any other accident that causes brain injury, it’s natural to be compensated by the company or individual responsible for the accident. The type of compensation varies depending on the case. Below is a look at the common types of brain injury compensation that can be available in the event of a brain injury claim .

Special Damages

Special damages, also termed economic damages, provide compensation for financial and tangible losses resulting from a brain injury. For instance, financial losses can include medical treatment expenses, estimated costs of future care, income and benefits lost because of a brain injury, and more.

General Damages

General damages feature areas of compensation for intangible losses. Often, such losses are difficult to quantify. Nonetheless, the law allows these damages to be compensated, particularly in severe traumatic brain injuries. General damages can include the physical pain and suffering one goes through after experiencing brain injuries. Damages here can also include the mental and emotional distress a victim experiences because of the injuries.

Punitive Damages

There are instances where punitive damages are offered, although they might not offer compensation to a victim involved in the accident. Usually, these damages are intended to add punishment for behaviours that are considered hazardous or egregious. Cases involving punitive damages could arise as a result of incidents like road rage accidents, acts of violence, drunk driving, and other forms of accidents portraying disregard for human safety.

How Are Damages Paid?

Conventionally, victims have received lump-sum compensations for brain injury-related cases. This still stands as one of the main ways victims get compensated in most cases we deal with. However, at McPhillips, Fitzgerald & Cullum, we understand that there are instances where ongoing losses are experienced. We strive to ensure that victims are fairly compensated periodically to cover any losses experienced.

One of the main challenges with lump-sum payments is that money can run out. Similarly, it might not be possible to file for additional compensation. It’s very important to mull over the method of compensation when settling cases involving brain injuries. Don’t worry; our legal experts at McPhillips, Fitzgerald & Cullum can do that for you. Contact us today to know more about the specific compensation you might be entitled to if you or someone else is involved in an accident that could lead to brain injury.

The post Common Types of Compensation in a Brain Injury Case appeared first on McPhillips, Fitzgerald & Cullum LLP .

May is National Bike Month – Safety Tips

Mon, 30 May 2022 04:59:00 GMT

Did you know that the month of May is dedicated to bicycling? National Bike Month celebrates the benefits of bicycling and encourages people across America to get on their bikes and ride!

B icycling is:

Healthy
Fun
Good for the earth
Less expensive than gassing up your vehicle

Having said all that, as injury attorneys we know that bicycling is not hazard free. According to the National Highway Traffic Safety Administration , 846 bicyclists were killed in traffic collisions in 2019 (the latest statistics available). Motorists and bicyclists are often in a position where they have to share the road. To do that safely as a motorist, you should:

Yield to a bicyclist if you would yield to a vehicle in the same situation
Don’t underestimate the speed of a bicyclist, especially if you are making a turn in front of them
Don’t pass bicyclists too closely and pass only when it’s safe to do so
Always be aware of your surroundings and the fact that bicyclists may be present
Check carefully behind and to the right of you when making a right on red or turning right into a parking lot or driveway
Never drive distracted
Don’t text and drive

Being alert to the presence of bicyclists is an essential part of driving. Americans are increasingly commuting by bike, riding for fun, or for exercise. Especially in the summer months, you should always be ready to share the road.

When careless motorists injure bicyclists, the consequences for the bicyclist can be catastrophic. They may face lifelong physical injury, expensive medical bills, and pain and suffering. This National Bike Month, don’t forget the importance of sharing the road safely!

What to do after a Bicycle Accident

If you have been involved in a pedestrian, bicycle, or motor vehicle accident that was caused by someone else’s carelessness, our experienced attorneys can help. We provide guidance and can help you decide if an injury claim is the right way to pursue maximum compensation. To learn more , please call McPhillips, Fitzgerald & Cullum in New York at 518-792-1174, or in Florida at 305-751-8556.

The post May is National Bike Month – Safety Tips appeared first on McPhillips, Fitzgerald & Cullum LLP .

Signs You May be Sharing the Road with a Distracted Driver

Sun, 15 May 2022 05:31:00 GMT

To maintain road safety, it’s crucial that those behind the wheel focus solely on just driving. Sadly, most people are always distracted on the road, which puts you and your passengers at risk. The following are subtle signs that indicate you might be sharing the road with a distracted driver .

Inconsistent speed

When a driver has their attention on something else, they might speed up suddenly or slow down abruptly. You should be wary of such inconsistencies and keep a safe distance.

Drifting

It’s common to find a distracted driver drifting over the centerline. Watch out for this sign, as it could be an indication that a driver isn’t focused on the road.

Looking down while driving

A driver that has their face down while driving might be distracted by their smartphones or something else.

Eating or drinking

While there is nothing wrong with eating or drinking while driving, these can cause many distractions. Besides taking their hands off the wheel, drivers who engage in these behaviors can find themselves distracted when wrappers fall or spill drinks on themselves.

Large gestures

Engaging conversations in the car can prevent a driver from fully focusing on the road. A driver making large gestures could indicate that they are more focused on the conversation instead of keeping their eyes on the road.

Illuminated faces during the night

Dealing with a distracted driver at night is even more dangerous than during the day. The light from a phone on their faces can indicate that a driver is using a phone while driving. This means they are not fully focused on the road.

Sharing the road with a distracted driver is risky. Besides putting you in danger, it also puts your loved ones in danger since there is a high risk of getting into an accident. You might be cautious around these drivers, but the chances of getting into an accident are still high.

At McPhillips, Fitzgerald & Cullum , we take such cases seriously, and we provide our undivided attention to protecting your rights by holding distracted drivers liable.

The post Signs You May be Sharing the Road with a Distracted Driver appeared first on McPhillips, Fitzgerald & Cullum LLP .

Will I Get Compensation for a Car Accident?

Sun, 15 May 2022 04:55:00 GMT

Car accidents are not only traumatic and frightening, they can also be really expensive. Even with insurance, the ongoing costs of treating an injury and all of the related expenses can stack up.

If you are wondering if you will get compensation, it’s not necessarily a given. First you must determine your insurance coverage and other factors related to the crash. With the help of our experienced accident lawyers, you may be able to recover compensation above and beyond initial insurance company offers.

When a lawsuit or car accident claim successfully recovers compensation, it may be calculated based on the following damages:

Medical Bills

Catastrophic injuries often require expensive medical treatment right away as well as into the future. Some of the most expensive car accident injuries include:

Spinal injury
Brain injury
Internal bleeding and organ trauma
Coma
Amputation

Our experienced attorneys know how to calculate the full amount of what you deserve for the injuries you suffered.

Loss of Wages and Income

A serious injury can leave you unable to return to work to perform your former job duties. Matters will be even worse if your injury prevents you from performing any type of gainful employment regardless of what you did previously.

This loss of income makes it difficult to support yourself and your family while you are also trying to recover physically from your injury. Losing money now can also have a negative impact on saving for the future and paying future medical expenses, as well as things like college accounts and other financial commitments to your family.

Pain and Suffering

Pain and suffering is not an easily calculated monetary loss. You can’t necessarily point to your suffering and say “this is how much it costs.” Nonetheless, as the victim of a serious injury, you absolutely deserve compensation for pain and suffering. Our attorneys have decades of experience arguing for maximum compensation for each and every way our clients have been affected.

Your Accident Compensation and Consultation

If you or a loved one has been injured in a car accident caused by someone else’s carelessness, please arrange a consultation by contacting the law firm of McPhillips, Fitzgerald & Cullum LLP, in Florida at 305-751-8556, or in New York at 518-792-1174.

The post Will I Get Compensation for a Car Accident? appeared first on McPhillips, Fitzgerald & Cullum LLP .

Distracted Driving Awareness Month in 2022

Sat, 30 Apr 2022 06:21:00 GMT

April is National Distracted Driving Awareness Month in America. From our perspective, it remains an incredibly important awareness issue. As experienced accident attorneys , we speak to accident victims every day, some of them injured in crashes caused by distracted drivers. Although phones and other electronic devices are major sources of distraction, it’s certainly not the only way motorists get distracted:

Sending, typing, or reading a text
Talking to someone on the phone, whether handsfree or handheld
Arguing with passengers
Breaking up fights between kids in the backseat
Eating
Applying cosmetics or other personal grooming
Using a map or navigation

Distracted driving has always been dangerous because it takes your mind, eyes, and hands away from the task of driving, sometimes all at once. Although driving feels commonplace, it’s important to recognize it for what it is: A skill. It takes experience, concentration, and good judgment to drive safely. Distracted driving is unfortunately poor judgment, and is not at all uncommon. You probably see someone texting while driving at least once a week. While laws may help to curb the activity, distracted driving causes crashes regularly.

During Distracted Driving Awareness Month, we hope that you’ll take the opportunity to commit to distraction-free driving. If you have children, teach them driving skills that include eliminating distractions behind the wheel. Encourage friends and family to drive without distractions. If we are going to reduce these crashes as a society, we must actively take steps to recognize what constitutes distracted driving and how we may engage in these behaviors despite our good intentions.

Can You Hold a Distracted Driver Accountable?

If you were injured in an accident caused by someone else and you are unsure of what to do next, we encourage you to call the experienced lawyers at McPhillips, Fitzgerald & Cullum LLP. We have decades of experience advocating for the victims of catastrophic personal injury. For a case review, please call us in New York at 518-792-1174, or in Florida at 305-751-8556. If a careless, reckless, or distracted driver caused the crash, you may be able to pursue maximum compensation for your injuries.

The post Distracted Driving Awareness Month in 2022 appeared first on McPhillips, Fitzgerald & Cullum LLP .

The Most Dangerous Motorist Behaviors

Fri, 15 Apr 2022 06:17:00 GMT

Motor vehicle accidents take tens of thousands of lives in America each year. Many crashes can be traced back to the negligence or carelessness of a motorist, pedestrian, cyclist, or other party.

If another driver caused the accident that injured you, the following are some of the most common contributing factors:

Speeding
Driving under the influence of drugs or alcohol
Reckless driving
Failure to yield
Running stop signs or red lights
Distraction

These behaviors increase accident risk and endanger everyone sharing the road with the motorist, including pedestrians and cyclists.

Failing to wear seat belts, failing to use child restraints, and failing to wear a helmet on a bicycle are all factors that contribute to an increased risk of catastrophic injury and death. There is unfortunately little we can do to control the behavior of bad drivers. You can practice safe driving yourself to lower your own accident risk, and remember to always use restraints no matter how short the trip.

How Someone Else’s Negligence Can End Up Costing You

When someone else causes a motor vehicle accident and your vehicle is involved, then the at-fault party’s insurance company may be liable for your injuries. It’s not uncommon for the insurance claims adjuster to contact the injured victim. They may ask for a recorded statement, ask for details about the crash, or see if the victim will accept an offer immediately. All of these choices should be made after consulting your attorney. You most likely are not obligated to make a recorded statement, and an initial offer may not fully account for your damages, such as:

Medical expenses
Rehabilitation expenses
Pain and suffering
Loss of wages and income
Diminished earning capacity
Reduced quality of life

Our experienced attorneys are passionate about helping accident victims pursue the outcomes they need and deserve.

What Do You Do After a Crash That’s Not Your Fault?

Following a serious car crash that leaves you or a family member injured, you should contact the experienced attorneys at McPhillips, Fitzgerald & Cullum for a case review. Please contact us in New York at 518-792-1174, or in Florida at 305-751-8556. We want to hear the details of your situation to help you decide how to pursue maximum injury compensation.

The post The Most Dangerous Motorist Behaviors appeared first on McPhillips, Fitzgerald & Cullum LLP .

How Do I Know if I Have a Personal Injury Claim?

Wed, 30 Mar 2022 05:50:00 GMT

Filing a personal injury claim may feel intimidating. If you’re hurt, in pain, and unsure of what to do next, you may be wondering if you can pursue maximized injury compensation in a claim handled by a lawyer. The good news is that there’s no risk or obligation to find out. Contact our attorneys and discuss your options while getting clear, honest information you need and deserve.

You probably have a personal injury case under the following circumstances:

Someone owed you a duty of care.

A motorist owes you the duty of following the rules of the road. The management of a grocery store owes you the duty of displaying signage when the floors are wet and slippery.

The duty of care was breached.

The duty of care is breached when a motorist runs a red light, or when a property owner fails to respond in a timely manner to a dangerous condition of disrepair.

You were seriously injured.

There is no injury case without an injury, even if the duty of care was violated. Your case must demonstrate that you were injured, and that the trauma led to damages, such as:

Medical bills
Loss of income
Pain and suffering
Mental anguish
Scarring and disfigurement
Diminished quality of life
Reduced earning capacity

Our experienced attorneys can help you account for each and every way the injury has affected your life.

Common personal injury claims

When it comes to the type of case, our attorneys handle a wide array, including:

Car accidents
Truck accidents
Pedestrian accidents
Motorcycle accidents
Slip and fall
Premises liability

It’s not always obvious who is at fault in these accidents and incidents. Our attorneys have the skill, training, experience, and resources to thoroughly investigate your claim to determine who caused the injury and whether they are liable for damages associated with your injury. We do not stop working for you until the best possible outcome has been achieved.

What to do next

If you or a loved one has been seriously injured as a result of someone else’s negligence, please contact the New York and Florida law firm of McPhillips, Fitzgerald & Cullum.

The post How Do I Know if I Have a Personal Injury Claim? appeared first on McPhillips, Fitzgerald & Cullum LLP .

How Do I Get Money From a Car Accident Without a Lawyer?

Tue, 15 Mar 2022 05:36:00 GMT

Sometimes a person who’s been in a car accident is tempted to pursue a lawsuit on their own, without the representation of an attorney. In a way, it makes sense: If you were able to successfully handle a car accident claim on your own, it may feel like it would save you a lot of money. In actuality, our car accident attorneys know how to navigate these cases competently and can potentially get you more money. We know all of the common insurance company tactics to delay or reduce the payout of a claim. And we know how to tirelessly pursue the best possible results on your behalf.

You can pursue a claim with your insurance company on your own; that is your right and your choice. It’s difficult for us to say how you could maximize that injury compensation because we don’t have any details about the accident, the cause of the accident, and your injuries.

For the most minor accidents, an attorney may not benefit you. But when serious injuries are involved, having a lawyer on your side is a good idea:

We know how to calculate all of your damages. Medical bills, loss of wages, pain and suffering, and other damages could be valued at more than you realize, and you need an experienced attorney who knows what your claim is worth.
We have complete knowledge of the relevant laws. There may be laws that have implications for who can be held at fault for the crash, as well as other aspects of arguing your case.
We know how to negotiate with insurance companies. Most insurance companies and adjusters act in good faith when dealing with accident claims, but they still may do things to try to keep the final settlement as low as possible.
We know how to obtain the best possible results. We have been handling accident claims for years and we will not rest until the best possible results are reached.

If you or a loved one has been injured in a car accident, please contact the experienced attorneys at McPhillips, Fitzgerald & Cullum. We have law offices in New York and Florida, and we’re ready to help you.

The post How Do I Get Money From a Car Accident Without a Lawyer? appeared first on McPhillips, Fitzgerald & Cullum LLP .

What are the Types of Motor Vehicle Accidents?

Mon, 28 Feb 2022 06:40:00 GMT

If you are considering a lawsuit based on a motor vehicle crash , then you may be wondering if your situation even qualifies as a claim. If the accident was someone else’s fault and you were seriously injured as a result, then you most likely have a case to pursue maximum compensation. The presence of negligence and a severe injury tend to be the qualifying elements, while the exact type of crash may have less bearing on your case:

Car/Auto Accidents

These accidents involve passenger vehicles, whether it’s a sedan, pickup truck, SUV, or other type of automobile. While your car accident case may involve another passenger vehicle, it’s also possible to pursue compensation for a crash involving a commercial vehicle, bus, semi-truck, etc.

Semi-Truck Accidents

Large tractor-trailers easily cause devastation when they are involved in motor vehicle accidents. If you are the passenger in a smaller vehicle involved, you could be catastrophically injured.

Motorcycle Accidents

Motorcycles offer no protection, so their riders are taking a big risk, which they understand and take steps to mitigate. Unfortunately, the motorists in passenger vehicles often are not on the lookout for motorcycles, or don’t give motorcycles the use of the road they are entitled to. In these instances, it’s easy for a motorist to cause a motorcycle rider to crash.

Pedestrian Accidents

Not all accidents involve only motor vehicles. A motorist may cause an accident with a pedestrian near the road, using a crosswalk, or traveling on the sidewalk.

Bicycle Accidents

Bicycles are also vulnerable to motor vehicle collisions. As motorists, we have a duty to share the road with cyclists. Unfortunately, careless drivers can easily injure or kill a cyclist if they are not alert to their presence on the road.

How to Find Out If You Have a Case

If you have been injured as a motorist, bicyclist, motorcyclist, or pedestrian, you may have a case to pursue compensation with the help of our experienced attorneys. Please contact the Florida or New York offices of McPhillips, Fitzgerald & Cullum LLP, for a case review.

The post What are the Types of Motor Vehicle Accidents? appeared first on McPhillips, Fitzgerald & Cullum LLP .

How Do Slip and Fall Accidents Occur?

Tue, 15 Feb 2022 01:54:00 GMT

Most of us have taken a tumble at one point or another. Sometimes slipping is the unfortunate result of conditions beyond our control. Other times, someone’s negligence is the cause. Our experienced attorneys will let you know if you have a slip and fall claim after discussing the situation with you in a consultation.

Some of the most common causes of slip and falls include:

Slippery floors in retail stores, businesses, grocery stores, malls, etc.
Trip hazards, such as cords, uneven flooring, torn carpeting, damaged floor surfaces, etc.
Snowy, icy, or flooded walkways, stairwells, tunnels, and pathways
Inadequate lighting or broken lights that haven’t been repaired
Missing, wobbly, or broken railing
Potholes or otherwise damaged pavement, parking lots, or sidewalks
Broken or loose steps in a stairway

The tricky part of slip and fall injuries is determining whether someone is liable for the accident that injured you. It’s not enough that a parking lot was snowy and ice packed and you fell down. In addition to slipping, someone must be legally responsible.

Our experienced personal injury attorneys are able to determine if someone is accountable for the conditions that injured you. We will investigate your claim, looking for the cause of the slip and fall, and identifying whether someone’s negligence led to those conditions. Examples of liable parties in a slip and fall claim include:

Landlords
Maintenance companies
Security companies
Retailers
Property managers

Proving negligence in these cases can be tricky. You’ll need an experienced attorney on your side. If a pipe burst near a walkway and the water later froze, causing dangerous slippery conditions, it’s not enough to simply show those were the conditions. It must be shown that someone was legally responsible for fixing the burst pipe, and that the person responsible had plenty of notice and still did not attend to the repair in a timely manner. Those are the types of situations in which someone may be accountable for injuries that result.

Find Out What You Can Do

If you were injured in a slip and fall, please contact the experienced attorneys at McPhillips, Fitzgerald & Cullum, LLC. With many years of personal injury experience, we know how to investigate your claim and determine if you can pursue compensation for your slip and fall injuries.

The post How Do Slip and Fall Accidents Occur? appeared first on McPhillips, Fitzgerald & Cullum LLP .

5 Things to Know About Filing a Personal Injury Claim

Mon, 31 Jan 2022 03:54:00 GMT

Personal injury cases exist to provide an injured victim a means of pursuing compensation and justice from the party who caused their injuries. Here are 5 things to know about personal injury:

It can arise from many different types of accidents. Personal injury encompasses much more than car accidents . Cases may be filed over injuries suffered on the job, or injuries caused by defective products or dangerous medications. Other potential causes include nursing home abuse, construction site accidents, semi-truck accidents, slip and fall injuries , and injuries caused by dangerous premises .
Having an experienced injury attorney on your side matters. Sometimes, an injury victim is tempted to try to resolve the claim on their own. Doing so could equate to losing out on money. In general, courts and mediators are more likely to take a claim seriously if it is represented by a qualified attorney who understands the negotiations and understands what their client is owed.
There’s no way to predetermine if or how much compensation will be awarded. Unfortunately, compensation in a personal injury case cannot be guaranteed. Our attorneys will tirelessly pursue the best possible outcome to your claim, but there is no way to predetermine what a successful award may be valued at. We can provide you with an idea of what we think you are owed based on your medical expenses, loss of income, pain and suffering, and other damages.
You shouldn’t necessarily take the first settlement offer. Insurance companies have a financial interest in settling claims as cheaply as possible. Our experienced attorneys review any initial settlement offers to determine if they are adequate.
It may take some time to resolve the claim. We completely understand that, as an injured victim, you probably want to close out this case and move on. We take that priority to heart, but we are also determined to pursue cases in the most strategic way possible, which may take some time. Rely on us to keep you informed of the progress of your case every step of the way.

Find Out If You Have a Personal Injury Case

In New York and Florida, the experienced injury lawyers at McPhillips, Fitzgerald & Cullum can determine if you have a case. Please contact us today for a claim evaluation.

The post 5 Things to Know About Filing a Personal Injury Claim appeared first on McPhillips, Fitzgerald & Cullum LLP .

Remember These Tips for Safer Driving in 2022

Mon, 10 Jan 2022 07:06:00 GMT

A New Year is upon us! It’s important to stick to those New Year’s resolutions. If we may suggest one area for all motorists to improve upon, it would be safe driving. We’ve seen just how devastating car accidents are and we want everyone to stay safe. Follow these tips:

Eliminate distractions. Make 2022 the year you finally eliminate all the distractions possible when you’re behind the steering wheel. That means keeping your phone out of sight. Turn off the sound and notifications to prevent temptation. But distractions go beyond the phone as well. It’s easy to get lost in a conversation. Make sure that the task at hand is your number one priority.
Implement the 3 second rule. It’s rare to see adequate following distance these days, but it’s so important. Leaving 3-4 seconds of following distance between you and the vehicle in front of you will reduce your risk of a rear-end collision. The 3 second cushion usually provides enough time for someone to react to unexpected situations on the road ahead. To utilize this rule, pick a marker like a mileage sign. When the vehicle in front passes the marker, count the seconds it takes before you reach and pass the marker. It should be at least 3 seconds in between.
Don’t forget the basics. Obey the speed limit. Use your turn signals. Yield the right of way. Stop at red lights. Although these rules seem so obvious, motorists ignore them every second of every day. But following the rules could prevent you from getting in a crash that injures yourself and others.

Although you can never eliminate the risk of a crash, you can reduce your crash risk with the rules above. We wish you and your family a safe, happy, and healthy 2022!

What To Do If Someone Else Causes You to Crash

If you or a loved one was injured in a motor vehicle accident and wondering what your options are for pursuing maximum compensation, please contact McPhillips, Fitzgerald & Cullum . Our law firm has offices in New York and Florida.

The post Remember These Tips for Safer Driving in 2022 appeared first on McPhillips, Fitzgerald & Cullum LLP .

The First Half of 2021 Proved Deadly for Motorists

Thu, 30 Dec 2021 10:02:00 GMT

According to the National Highway Traffic Safety Administration, more than 20,000 people were killed in motor vehicle accidents from January through June, 2021. This is an increase of 18.4 percent compared to the same time period in 2020. Each one of these tragedies changed the lives of the families involved, and ended a life prematurely. We can all do our part to prevent these fatalities by being attentive, careful motorists who obey all traffic laws.

Human Error Leading to Fatal Car Accidents

Most car crashes are the result of human error, and therefore preventable. Examples of careless – and sometimes reckless – motorist behavior include:

Speeding
Distracted driving
Drunk driving
Driving under the influence of drugs and narcotics
Aggressive driving
Failure to yield right of way
Running red lights and stop signs

It’s also critical to wear a seat belt every ride. Insist all the other passengers wear a seat belt as well. These safety belts have been shown to significantly reduce death and catastrophic injury in the event of a crash.

While you can make a pledge to be a safer driver, you unfortunately can’t do anything to prevent the behavior of other motorists. All too often, the poor decision of another motorist leads to the death of another person on the road, a pedestrian, or a bicyclist.

Wrongful Death Cases in Motor Vehicle Accidents

A wrongful death claim can be brought by a spouse, child, parent, or other eligible family member after the death of a loved one that was caused by someone else’s negligence. In these claims, your attorney works to recover compensation for:

Your loved one’s medical bills
Burial/cremation costs
Funeral costs
Loss of companionship
Loss of guidance
Loss of loved one’s benefits and income

Although no amount of compensation can undo the wrong that has befallen your family, it can help families begin to heal while also dealing with the financial costs caused by the death of a loved one.

What to Do After a Catastrophic Car Accident

If you have been injured in a car accident, or if you lost a loved one to an accident, please call the experienced attorneys at McPhillips, Fitzgerald & Cullum, at 518-792-1174 in New York, or at 305-751-8556 in Florida.

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The Most Common Causes of Car Accidents

Wed, 15 Dec 2021 10:02:00 GMT

Motor vehicle accidents cause tens of thousands of fatalities each year in the U.S., and millions of serious injuries. As experienced accident attorneys, we know full well the financial, physical, emotional, and mental impact of a severe collision because we have been working with families affected by these accidents for many years.

Car Accident Contributing Factors

It’s probably obvious that there is a multitude of possible contributing factors when it comes to fatal car accidents. Some of the most common include:

Speeding. Exceeding the speed limit reduces control over the vehicle, increases stopping distance, limits visibility, and limits the time available to react. In addition, speeding increases the severity of accident injuries, if an accident occurs.

Drunk driving. We all know that drunk driving makes it impossible to drive safely. Cognition, vision, judgment, coordination, alertness, concentration – all of these things are negatively impacted by inebriation. It’s also dangerous to drive if you consider yourself only “buzzed.” Being lightly “buzzed” will still limit your ability to drive and, depending on your tolerance of alcohol, you may be over the legal limit anyway.

Distracted driving. Sending and reading text messages, using the phone, adjusting the navigation, arguing with a passenger, breaking up a fight between your kids – all of these are dangerous distractions that take your eyes, hands, and mind away from the task of driving. Distracted driving accidents claim a few thousand lives each year.

Disobeying other traffic laws. Accidents are caused by motorists who run red lights and stop signs, aggressively change lanes, tailgate, and fail to yield the right of way. We all rely on traffic laws to reduce our accident risk. Unfortunately, not everyone follows the laws. It can also be tempting to do things like speed when you are feeling rushed, so be sure to allow yourself plenty of time to get where you’re going.

An Experienced Advocate on Your Side

You deserve justice and maximum compensation if you have been injured in a car accident caused by someone else’s negligence. For a consultation and case review, please call the experienced accident lawyers at McPhillips, Fitzgerald & Cullum LLP. You can reach us in New York at 518-792-1174, and in Florida, at 305-751-8556.

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Questions to Ask Your Car Accident Attorney

Tue, 30 Nov 2021 07:00:00 GMT

When you’ve been involved in a serious car accident , you need honest, reliable attorneys who won’t lead you astray. It can be difficult to know who to trust when you are trying to pursue maximum compensation and justice. The experienced attorneys at our law firm provide you with clear, straightforward information about your options and what you can do to try to maximize injury compensation.

When you meet with us in a consultation, we want to listen to everything you have to say about the accident and resulting injuries. We also want to hear your questions and concerns. In fact, we highly recommend jotting down your questions before the consultation. Below are examples of questions you may want to ask:

Q uestions about the law firm:

How long have you been handling motor vehicle accident cases?
Are motor vehicle cases one of your main practice areas?
What is your educational background?
Have you ever handled a case like mine? How was it similar?
What verdicts and settlements in cases similar to mine have you achieved?

Q uestions about your case:

Do you think I have a case? Why or why not?
How much do you think my case may be worth?
How long might it take to resolve my case?
What are my chances of success?
Is the current insurance offer a fair offer?
What can I do to help my case?
Do you see any obvious challenges to a successful recovery?
Who will be in communication with me from my law firm? Will I be able to contact my lawyer with questions?

The above are just some examples. Ask us anything under the sun. We have been advocating for injury victims for many years and we can help you decide what to do next.

One-on-One Answers to Your Questions

To arrange your consultation with our experienced car accident and personal injury attorneys, please c all McPhillips, Fitzgerald & Cullum , in New York at 518-792-1174, and in Florida at 305-751-8556. We look forward to discussing your case with you. Our compassionate attorneys understand just how frustrating and traumatic a car accident can be, and we are here to provide helpful guidance.

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What Are Examples of Personal Injury?

Mon, 15 Nov 2021 07:33:00 GMT

Perso nal injury law provides a means of pursuing compensation and justice for physical injuries caused by someone else’s carelessness. Some of the most common examples include:

Motor vehicle accidents, including collisions involving motorcycles, passenger vehicles, semi-trucks, buses and commercial vehicles
Premises liability, including slip and falls, inadequate security, swimming pool accidents, inadequate maintenance, falling retail merchandise, and snow/ice accidents
Most other forms of negligence that lead to a serious injury

Sometimes it can be difficult to demonstrate who the responsible party is. That is why hiring an attorney is so essential. We have the experience with case law, precedent, and personal injury accidents that is necessary to resolve these claims with the best chances for success. And one important aspect of what we do is identifying the responsible party. All personal injury cases have the common denominator of negligence: Someone else’s negligence is the direct cause of the injury; however, did you know that it isn’t always an individual person who is at fault? Liability may lie with a corporation, manufacturer, business, government agency, or other group. Because liability is not always a clear cut issue, hiring our experienced attorneys is an important part of a case. We will work quickly and efficiently to determine who is at fault, and then we’ll begin building a strategic case.

Do I Have the Right Type of Injury for a Case?

You may be wondering if your injury is serious enough for a claim handled by our attorneys. We encourage you to call us to find out. Some of the most common types of trauma include:

Brain, head, and neck injuries
Back and spinal cord injury
Internal organ trauma
Loss of a limb, finger, or toe
Extensive scarring and physical disfigurement
Severe burns
Terminal or chronic illness

The severity of personal injuries mean they require very expensive, sometimes lifelong medical care. Treatments can be invasive and painful. You need and deserve maximum compensation and justice for the ways your life will be affected.

Personal Injury Case Evaluations

With offices in New York and Florida, our experienced personal injury attorneys are committed to advocating for victims of catastrophic injury caused by negligence. Please contact us to arrange a consultation with our lawyers.

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Symptoms of a Back Injury

Sat, 30 Oct 2021 05:47:00 GMT

If you were recently injured in a motor vehicle accident, workplace accident, slip and fall, or another incident, you may be concerned about back pain. A back injury can be very serious. It’s important to schedule a check-up with your doctor after any type of accident or injury. Allowing the doctor to look for early signs of injury gets you on a track to treatment early on.

Some of the potential signs of a serious back injury or spine injury include:

Back pain
Back swelling
Back bruises
Breathing problems
Trouble with urination and bowel movements
Tingling or numbness in your fingers, toes, hands, and/or feet
Fever
The feeling of spasming muscles in your back/along your spine
Difficulty standing upright
Pain or soreness when you move, twist, or bend
Pain shooting down your legs

Symptoms you experience at the scene of the accident like difficulty breathing, paralysis, and bodily function impairment require emergency medical attention. For other injuries, you may not experience symptoms for a few days. If anything feels “off,” you should consider calling your doctor. You should certainly schedule an appointment if your symptoms don’t go away in a few days. Your doctor may perform tests and take x-rays to assess your back, spine, and nerves for an injury. They will give you the prognosis and discuss what needs to be done to get on the road to recovery.

From an injury claim perspective, getting a medical examination starts a process of documentation and evidence of your injury. If you decide to file a claim to pursue compensation from the person who injured you, then documentation of your medical care, diagnosis, and treatment can be valuable.

Find Out If You Have a Back Injury Lawsuit

The experienced attorneys at McPhillips, Fitzgerald & Cullum are ready to help you determine what to do next. For a consultation with our lawyers, please call us in New York, at 518-792-1174, or in Florida, at 305-751-8556. If you have a severe spine injury, your life could be forever altered. We will work tirelessly to obtain the best possible outcome for you and your family.

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What is a Pedestrian Accident?

Fri, 15 Oct 2021 08:21:00 GMT

In the simplest terms, a pedestrian accident is a collision between a motor vehicle and a person traveling on foot (standing, walking, running, or jogging – any foot travel). Pedestrians are obviously vulnerable to very severe, catastrophic physical trauma if they are hit by a motor vehicle. The speed of travel and size of the […] The post What is a Pedestrian Accident? appeared first on McPhillips, Fitzgerald & Cullum LLP.

What Are Some Common Types of Car Accidents?

Thu, 30 Sep 2021 04:01:00 GMT

As experienced car accident attorneys , we know that there are many types of collisions and crashes. Virtually any type of accident could ultimately be the subject of a car accident lawsuit. If you are worried your crash doesn’t qualify for a case, we encourage you to give us a call. We can determine if someone else’s negligence caused the accident.

Some of the most common types of car accidents are:

Head-on collisions. These accidents can easily be fatal. They may occur if someone falls asleep behind the wheel, if someone is texting while driving, or if a defective tire blows out when a car is traveling at a high rate of speed.
Side impact crashes. So called T-bone accidents typically occur because one motorist is making a turn or traveling through an intersection when they don’t have the right of way.
Rear-end crashes. It’s true that most often the rear-ender is at fault, but that’s not always the case. It’s important to call our attorneys to make sure you discuss every aspect of the crash and what led to it.
Rollovers. Rollovers often involve a single vehicle. They are often caused by poor road conditions and bad weather. Sometimes, someone else’s negligence may be to blame. For example, if the road has been negligently maintained, or if the vehicle has defective tires, then negligence may be tied back to a company or corporation.
Crashes involving only a single vehicle. Like rollover accidents, you may think a crash involving only a single vehicle would not involve anyone else’s negligence. This is not always the case. A single vehicle could crash as a result of a dangerously designed road, a road with a lack of warning signs, a road with defective warning equipment, or a road with an eroded shoulder or dangerous guardrails.

No matter what type of crash injured you, our experienced attorneys can determine if someone else is at fault.

Learn More About Pursuing Injury Compensation

If you believe the accident that injured you was caused by someone else’s carelessness, please call our attorneys in New York, at 518-792-1174, or in Florida, at 305-751-8556. We have extensive experience handling accident claims. We will learn more about the details of your injury and describe all of your options for pursuing compensation and justice.

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Back-to-School Bus Stop Safety

Thu, 16 Sep 2021 03:41:00 GMT

School buses are one of the safest forms of travel for your children, according to the National Highway Traffic Safety Administration . In fact, your child is 70 times more likely to get to school safely in a bus than in a passenger car, says the NHTSA. The actual bus stop, as well as getting to and from the stop, can be much more hazardous.

As the school season starts, take some time to orient your child to the whole concept of the school bus stop. Take the time to drive them there and go over the ground rules. Doing so can reduce their risk of injury. Those ground rules should include:

The bus stop isn’t a place to play or horse around. Children can easily get caught up in playing with their friends. But your child should know that being near traffic is not a good place for roughhousing.
Show them how to wait at least 3 big steps back from the roadway. They should wait about 6 feet away from the curb, which is about 3 big steps back.
Waiting to get on the bus. Show them how to wait for the school bus to come to a complete stop and for the doors to swing open, before they try to get on the bus.
Talk to them about crossing behind or in front of the bus. Let your child know to never cross behind a bus. It’s too difficult for the driver to see them back there, and for other vehicles to see them crossing. If they need to cross in front of the bus, they should tell the driver and then walk along the sidewalk 5 large steps (about 10 feet) and then cross only after making eye contact with the driver.

These tips come directly from the NHTSA. Taking a little time to educate your child about bus stop safety could go a long way in keeping them safe.

Unfortunately, there are many distracted motorists on the roadways today. These motorists may not be looking at the road when your child is walking near the bus stop and traveling to and from home. So it’s a good idea to teach them a little defensive walking, so to speak.

If you or a loved one has been injured in a pedestrian accident because of someone else’s negligence, please call the experienced injury attorneys at McPhillips, Fitzgerald & Cullum for a consultation. Call us in New York at 518-792-1174, or in Florida at 305-751-8556.

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How Serious of a Problem is Drowsy Driving?

Mon, 30 Aug 2021 07:46:00 GMT

Drowsy driving causes car accidents across the country every day. The exact number of crashes is difficult to pin down because drowsiness is not always reported or identified as a contributing or causal factor. Nonetheless, the National Highway Traffic Safety Administration estimates about 700 people were killed in accidents related to drowsy driving in 2019.

Fatigue, although it seems so commonplace in our busy lives, is really quite dangerous when it comes to driving. It can lead to:

Sleepiness/nodding off
Inattention and lack of alertness
Blurry, cloudy, or double vision
Dizziness or lightheadedness
Slowed reactions
Poor coordination
Impaired judgement/decision-making

Nothing much substitutes for a full night of high-quality sleep. Attempts to compensate for lack of sleep – a cup of coffee, blaring the radio, rolling down the window for a burst of air – these things may create a temporary feeling of awakeness, but a good night’s rest is the best remedy for drowsiness.

If you believe the car accident that injured you was caused by a drowsy driver, or a driver that was inattentive, you may be unsure of how to prove your case. Our experienced attorneys review crash details, police reports, eyewitness testimony, and more, to get to the bottom of what took place. If someone else’s negligence is determined to be the direct cause of the accident that injured you, then you may be entitled to maximum injury compensation.

In a successful claim, injury compensation may be awarded for:

Medical bills
Rehabilitation
Loss of income
Pain and suffering

These accident cases require an experienced attorney to show how the crash was the result of the other party’s carelessness. Attempting to represent yourself is generally not a good idea for serious car accidents. It’s critical that no detail is overlooked, no aspect of the case unproven, as we pursue maximum compensation on your behalf.

For a case review, please contact the experienced lawyers at McPhillips, Fitzgerald & Cullum. Reach us in Florida at 305-751-8556, and in New York at 518-792-1174. We provide clear and honest answers about your options following a car accident.

The post How Serious of a Problem is Drowsy Driving? appeared first on McPhillips, Fitzgerald & Cullum LLP .

4 Types of Driving Distractions

Sun, 15 Aug 2021 07:38:00 GMT

Today, there are so many things that can distract us while we are driving. Today’s new vehicles have built-in touch screens, fancy audio systems, television screens in the back, and more. Motorists have a responsibility to use these features safely, which means keeping your focus on the task of driving when you’re behind the wheel. But electronics are not the only source of distraction. Consider these different types of inattention:

Manual: Until fully autonomous vehicles become the norm, we’re still responsible for handling the vehicle! Driving requires you to keep your hands on the wheel and steer. Manual distraction includes sending or reading a text message, using a touch screen, reaching toward other seats or the floors, eating or drinking, swiping a screen, applying cosmetics, etc.

Visual: Driving obviously requires you to keep your eyes on the road. Lots of things can be visually distracting, including reading or sending text messages, looking at a map or directions, looking in the rearview, looking in the backseat at roughhousing kids, rubbernecking, or daydreaming.

Auditory: Auditory distractions overlap with cognitive inattention. Hearing a troublesome engine noise, listening to a captivating podcast or radio show, trying to resolve an argument amongst your children – these auditory distractions make it difficult to concentrate on the task of driving.

Mental/cognitive: Taking your mind off the task of driving is very dangerous. Cognitive distractions include daydreaming, replaying a conversation in your head, revisiting something that occurred at work, reading or sending a text message, having a conversation, and reading a map or directions.

As you can see, there is quite a bit of overlap between the 4 types of distractions. Driving remains a skilled activity requiring our concentration. Staying focused on the road will go a long way in preventing distracted driving crashes.

If you or a loved one has been injured in a motor vehicle accident caused by a distracted or otherwise careless motorist, please contact our attorneys for a case review. We will assess what took place and describe your options for pursuing injury compensation. Reach us in New York at 518-792-1174, or in Florida, at 305-751-8556. McPhillips, Fitzgerald & Cullum are passionate advocates for accident victims.

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What Cases Do Criminal Lawyers Deal With?

Fri, 30 Jul 2021 05:24:00 GMT

If you are facing serious criminal charges, you want to find a defense lawyer who has extensive experience with cases like yours. Criminal convictions of all kinds tend to have serious ramifications for your life and livelihood. Because of the seriousness of these charges, it’s important to choose an experienced lawyer who will fight the charges against you, and who will work to minimize the penalties in the event of a conviction.

The criminal defense lawyers at McPhillips, Fitzgerald & Cullum handle many types of criminal cases, including:

Drug possession
Drug manufacture
Intent to sell illicit drugs
Burglary
Assault
Domestic abuse
Arson
Theft
Violation of probation
Traffic violations
Sexual abuse
Rape
Sex offenses
Kidnapping
Murder
Prostitution
Harassment
Conspiracy
Check fraud

If you don’t see your arrest or charges listed here, that doesn’t necessarily mean we don’t handle it. Please contact our firm to see if we can help with your case.

As the person facing the arrest and charges, you probably already know how serious the situation is. If convicted, criminal charges tend to have a big impact on a person’s life, with potential consequences including:

Fees and fines
Jail time
Prison sentence
Criminal record
Probation
Community service hours
Mandatory therapy
Mandatory treatment for drug or alcohol abuse
Driver’s license suspension or revocation
Temporary or permanent loss of rights, such as the right to own a firearm or vote in an election

There can also be very real social and professional ramifications for people who receive criminal convictions. It can be difficult to get the same types of jobs you held before, and you may face judgement and criticism from friends and family members. Our attorneys understand just how serious a criminal arrest is, and we work tirelessly to obtain the best possible results for you.

If you or a loved one is facing criminal charges in Florida or New York, our experienced attorneys are ready to review the case and let you know what your options are for building a strong defense. To learn more, please contact our law firm. Call us in New York, at 518-792-1174; or in Florida, at 305-751-8556.

The post What Cases Do Criminal Lawyers Deal With? appeared first on McPhillips, Fitzgerald & Cullum LLP .

What is Construction Law?

Thu, 15 Jul 2021 05:13:00 GMT

Our experienced construction accident lawyers handle a wide array of construction-related claims. Just about all construction endeavors involve permitting, financial transactions, complex contracts and agreements, negotiations, timelines/deadlines, labor costs, employment issues, and so much more. Whether it is residential or commercial construction, these projects involve many moving parts and many opportunities for disagreement.

If you are a homeowner, builder, developer, or construction worker dealing with a serious dispute, our attorneys can help. Below, we look at some of the most common issues that arise, although your situation may be different.

Claims commonly pursued by homeowners:

Construction defects
Faulty or defective workmanship
Breach of contract
Breach of warranty
Contractor negligence
Subcontractor negligence

Construction worker claims may include:

Personal injury
Breach of employment contract
Withheld wages
Harassment
Discrimination

Builder and developer claims may involve:

Non-payment
Withheld payments
Subcontractor breach of contract
Subcontractor defective workmanship
Defective products
Personal injury

It’s easy for construction disputes to become contentious, no matter which parties are involved. Arguments over contracts, the work done, wages, or injuries can quickly escalate. Instead of attempting to resolve the matter on your own, you should seriously consider hiring an attorney to handle the matter for you. Our attorneys know how to review contracts and to determine if any laws were broken. We can determine if parties failed to act in good faith, or if they failed to deliver on some portion of the agreement. We will work to resolve the matter with a cool and level head, but we will tirelessly pursue what is best for you.

In any construction dispute, it’s usually a good idea to get on top of things promptly. Sometimes builders and developers will reach out to lawyers early on, when they are first sensing the beginnings of a bigger dispute, so that they can proceed in a way that is in their best interest.

To find out if you have a construction law claim, please contact the experienced Florida and New York law firm of McPhillips, Fitzgerald & Cullum, LLC. As experienced construction law attorneys, we will review the details of your situation and let you know all of your options for pursuing the best possible resolution.

The post What is Construction Law? appeared first on McPhillips, Fitzgerald & Cullum LLP .

What is Negligence in a Car Accident?

Wed, 30 Jun 2021 12:39:00 GMT

As the victim of a car accident , you probably feel overwhelmed and unsure of what to do next. You may also feel angry and frustrated that you suffered severe injuries, especially if the crash wasn’t your fault. Although insurers may have extended you an initial settlement offer, you may be wondering if you are owed more given the seriousness of your injuries. Know that you do not have to face the situation alone. Our experienced attorneys provide calm, level-headed guidance when you need it most.

The major focus of injury cases – including motor vehicle accident claims – is showing how the other person’s negligence led to your injuries, and that those injuries have resulted in medical bills, lost income, and pain and suffering.

Negligence is careless conduct. As licensed motorists, we are bound by certain laws that presume we will take reasonable care to keep other motorists and pedestrians safe. A motorist may be negligent in this duty of care as a result of:

Speeding
Drunk driving
Distracted, careless, or inattentive driving
Failing to yield the right of way
Failing to signal
Running red lights or stop signs
Improper lane change
Driving the wrong way

If the motorist wasn’t being careful, and causes an accident and injuries as a result, then you may be able to recover maximum compensation for all of the ways your life has been affected. Our experienced accident lawyers know how to investigate what happened so that we can build the strongest case. We work closely with you so that we can learn how the injury has impacted you, which allows us to clearly and competently build your case.

Find Out If You Have a Motor Vehicle Accident Case

Contact our experienced accident attorneys to find out if you have a claim. We are skilled crash attorneys and put all our resources to work to determine if someone else’s negligence contributed to the accident that injured you. For a case review, please call McPhillips, Fitzgerald & Cullum, in Florida at 305-751-8556, or in New York at 518-792-1174.

The post What is Negligence in a Car Accident? appeared first on McPhillips, Fitzgerald & Cullum LLP .

Signs and Symptoms of Brain Injury After a Car Accident

Tue, 15 Jun 2021 12:45:00 GMT

Motor vehicle accidents are a leading cause of traumatic brain injury. It is very important to receive a full medical evaluation after a car accident. Even if your injuries did not require an emergency room visit, you should schedule an exam with your doctor because brain injuries in particular are not always immediately apparent.

If you do experience symptoms of such an injury, they may include:

Loss of consciousness
Headaches
Nausea and vomiting
Slurred speech
Blurry vision
Ringing in the ears
Sensitivity to light and/or sound
Confusion
Difficulty sleeping
Oversleeping
Difficulty concentrating
Lack of energy
Excessive fatigue
Irritability
Mood swings

The above list represents really only a small fraction of potential signs of a brain injury that could manifest immediately or in the days and weeks following a motor vehicle crash. There are many ways the trauma may show itself, including symptoms that are physical, cognitive, behavioral, emotional, and mental.

What is a Traumatic Brain Injury?

According to the Centers for Disease Control and Prevention, traumatic brain injury is a bump, blow, or jolt to the head that interrupts how the brain functions. The injury may tear the brain tissue itself or its blood vessels. Brain injuries may also be classified as penetrating, which means something has entered through the skull and injured the brain. A penetrating brain injury would be caused by something impaling a person’s head. Closed head injuries tend to be more common in car accidents.

Brain injuries are very serious and lead to expensive medical bills, loss of income, and pain and suffering. You deserve experienced attorneys on your side who will pursue justice on your behalf.

Learn More About Your Options Following a Brain Injury

If you or a loved one has been injured in a motor vehicle accident, our attorneys can describe your options for pursuing maximum compensation for injuries like TBI. We can help you decide if you want to move forward with a case, in which we will pursue financial compensation on your behalf. For a case review, please call McPhillips, Fitzgerald & Cullum at 518-792-1174 in New York, or at 305-751-8556 in Florida.

The post Signs and Symptoms of Brain Injury After a Car Accident appeared first on McPhillips, Fitzgerald & Cullum LLP .

What Are The Most Common Types of Personal Injury?

Sun, 30 May 2021 07:51:00 GMT

A personal injury is caused by someone else’s negligence. In a personal injury case handled by an attorney, the trauma itself tends to be quite serious. A minor injury like a laceration without any lasting infection may not cause the type of expenses, trauma, and serious consequences that a personal injury case would address.

Some of the most common injuries in these claims include:

Brain injuries
Spinal cord injuries
Neck injuries
Injuries resulting in amputation
Scarring and disfigurement

These injuries have very serious implications for the victim’s life. It may be difficult or impossible to do your job because of the injury. If you have a family, this can make it impossible to support them as you did previously. The injury may prevent you from getting around in your vehicle, caring for yourself, and enjoying the same quality of life as you did previously. In this way, catastrophic injuries have consequences that are physically, emotionally, and mentally devastating.

The common denominator in these claims is that the injury is caused by someone else’s carelessness. The negligence of the responsible party doesn’t have to be intentional, but it does have to be the cause of the injury. Examples include:

A distracted driver who causes a crash
A trucking company who hires an unlicensed truck driver, who then causes an accident
A manufacturing company that makes defective tires

It takes a skilled and experienced injury lawyer to investigate the claim and what took place. We put all our resources to work to show how the act of negligence led to the incident that injured our client. We believe you deserve maximum compensation for all of the ways the injury has affected your life, including medical bills, loss of income, pain and suffering, and other consequences.

If you are searching for an experienced, skilled personal injury lawyer, please call the attorneys at McPhillips, Fitzgerald & Cullum for a case review. Call our New York law firm at 518-792-1174, or our Florida law firm at 305-751-8556. We fight tirelessly to recover maximum compensation for our clients.

The post What Are The Most Common Types of Personal Injury? appeared first on McPhillips, Fitzgerald & Cullum LLP .

How a Car Accident Injury Can Change Your Life

Sat, 15 May 2021 07:35:00 GMT

Motor vehicle accidents are scary, unexpected events. Even the most careful and attentive motorists can find themselves involved in one. If the crash was caused by someone else, you deserve maximum compensation for all of the ways you are affected. A severe physical injury has very serious consequences, such as:

Expensive emergency room care in the immediate aftermath of the accident
Follow-up medical treatments, such as surgery or multiple medical appointments
Physical rehabilitation and physical therapy
Lasting pain and symptoms of physical trauma
Suffering caused by the emotional trauma of the injury
Mental anguish caused by the crash

In short, a catastrophic injury can turn your life upside down. We know firsthand that injury victims put their all into overcoming injuries. They get the treatments recommended by their doctor. They work hard at rehabilitation. They put all this work in despite the fact that the crash that injured them was not their fault. We believe you deserve not only justice, but also maximum compensation. While no amount of money can undo what has been done, a financial award can help you pay for medical care, replace the wages you’ve lost as a result of the injury, pay for physical therapy, and for all other expenses and losses. Not only that, but compensation is an important acknowledgement of the negligence that caused your injury. It serves literally as a way of compensating you for this wrong.

The fact of the matter is that each person will be affected by car accident injuries in unique ways. As your lawyers, we are here to learn about how you have been affected and to pursue the best possible resolution to your claim. We want to get to know how the injury has impacted your life so that we can seek to recover full compensation on your behalf.

If you or a loved one has been injured in a car accident and are searching for an experienced accident lawyer, please call McPhillips, Fitzgerald & Cullum to learn more about your options for pursuing compensation. Reach our Florida law firm at 305-751-8556, or our New York law firm at 518-792-1174.

The post How a Car Accident Injury Can Change Your Life appeared first on McPhillips, Fitzgerald & Cullum LLP .

What is Employment Discrimination?

Fri, 30 Apr 2021 08:27:00 GMT

Most of us are at least familiar with the idea of employment discrimination , but what is it actually and do you have a case? The only way to know for sure is to consult our experienced attorneys.

The attorneys at McPhillips, Fitzgerald & Cullum know both sides of these disputes. We defend employers and businesses, as well as handling the claims of individual employees. Because of this experience, we have extensive knowledge of the ins and outs of these claims, and thoroughly understand the relevant laws, such as:

The Americans with Disabilities Act
Federal Civil Rights Act
The Age Discrimination in Employment Act

Employment discrimination cases often arise as a result of:

Hiring practices
Reasons for termination
Reasons for not considering someone for a promotion
Reasons for demoting someone

In general, if the decisions above are based on a person’s race, national origin, age, sex, gender, sexual orientation, disability, or religion, then unlawful discrimination may have occurred. We also handle employment claims related to sexual harassment, hostile work environments, slurs, and other issues.

When evaluating a workplace discrimination case, questions to ask may include:

Did unfair treatment occur, and was it based on a person’s race, skin color, sexual orientation, origin, age, disability, genetic information, gender identity, or pregnancy?
Did managers, colleagues, or other people in the workplace harass an employee, and was the harassment aimed at the individual’s race, skin color, sexual orientation, origin, age, disability, genetic information, gender identity, or pregnancy?
Was a reasonable accommodation denied to an individual, and did that individual need the accommodation because of their religion or a disability?
Did the employee receive inappropriate questions about their health, medical condition, or genetic information?
Was the employee retaliated against after submitting a discrimination complaint?

Questions like these are a standard way of determining what took place and if an employee or employer is in the wrong.

If you are searching for an experienced employment discrimination attorney, either to defend your business or to handle your discrimination claim against an employer, please call our law firm in New York, at (518) 792-1174 , or in Florida, at (305) 751-8556 . At McPhillips, Fitzgerald & Cullum, our legal team is ready to stand at your side and obtain the best possible results on your behalf.

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What Kinds of Personal Injury Damages Can You Sue For?

Thu, 15 Apr 2021 08:19:00 GMT

In a lawsuit or out-of-court settlement, our experienced personal injury attorneys pursue every last dollar our clients need and deserve. As the victim of an injury caused by someone else’s negligence, your sense of frustration at the injustice of it all may be significant. We understand and we have witnessed just how devastating these situations can be. Let us do the heavy lifting when it comes to pursuing compensation, so that you can focus on your recovery and getting better.

In the event of a successful monetary award, compensation damages may include:

Medical expenses. Depending on the severity of the injury, you may be facing present and future medical costs. These expenses can be significant. You may also require assistive equipment, in-home care, transportation accommodations, or other lifestyle changes in order to live with your injury. Medical expense damages should cover all of these things.

Loss of income. Any wages lost or unpaid as a result of your injury ought to be fully replaced by compensatory damages. Lost wages caused by the injury are a typical target of a lawsuit or settlement.

Pain and suffering. The catastrophic injuries that are commonly associated with these injuries often involve excruciating discomfort. Pain can be all-encompassing. You may suffer each day with the physical discomfort of your injury. This too deserves just compensation.

Emotional distress. The impact of a catastrophic personal injury isn’t only physical. You may suffer trauma, anxiety, depression, and other emotional/mental issues as a result of this type of injury. And you deserve to be compensated for it.

Find Out If You Have a Personal Injury Case

The experienced New York and Florida injury lawyers at McPhillips, Fitzgerald & Cullum LLP, are ready to help you decide what to do next. To speak with our New York law firm team, please call 518-792-1174. To reach us at our Florida office, please call 605-751-8556. We will review all of the details surrounding your injury and provide you with straightforward information about what to do next.

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What to Do if You Face Discrimination at Work

Wed, 31 Mar 2021 02:13:00 GMT

In the United States, there are several laws and legal precedents that protect employees from employment discrimination . Victims are often too scared to file a claim in fear of retaliation from their employer or the employee discriminating against them. If you think you have a valid discrimination claim, one of our employment law attorneys can help.

Here are a few steps you should take if you experience discrimination at work:

Make sure your employer displays a poster notifying you of your rights. The Equal Employment Opportunity Commission (EEOC) requires all businesses to display the rights of employees so that they are visible. This poster is often on the wall in a break room. It will tell you how much time you have tofile a claim and how to report it. If your employer refuses to display these rights, you should notify the EEOC of the violation.
Document any discrimination you experience at work. Gather all the evidence you have regarding the incident. This can include emails, letters, notes, and more. Our employment law attorneys can help you determine what types of evidence will bolster your claim.
File an employee discrimination report as soon as possible. It is best to file your claim within 180 days after the incident. In addition, if your employer fires you or retaliates after you file a claim with the EEOC, you have a strong case and should seek the assistance of our lawyers immediately.

While it may be intimidating to file a workplace discrimination claim, the law is on your side. Those who discriminate against you must be held accountable.

Think You Have a Discrimination Claim? Contact Us Today

If you are facing discrimination in the workplace based on your race, national origin, gender, sexual orientation, age, or disability, you should retain one of our experienced attorneys to represent your claim. Call McPhillips, Fitzgerald & Cullum LLP today at 518-792-1174 to schedule an initial consultation. We serve clients from our offices in Glens Falls and Chestertown, NY as well as our location in Miami Shores, FL.

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How to File a Truck Accident Claim

Mon, 15 Mar 2021 04:45:00 GMT

After a truck accident, there are a few steps you can take to increase the strength of your personal injury claim. However, filing a claim for an injury caused by a crash involving a commercial vehicle is a much simpler process if you have one of our experienced personal injury attorneys on your side. At McPhillips, Fitzgerald & Cullum LLP, we can help you manage your truck accident claim and pursue the compensation you deserve.

If you are involved in a semi-truck accident, you should do the following:

Seek Medical Attention: Your top priority after an accident is to get medical assistance. Call 911 if injuries are present. If you are not sure if you have injuries, see a doctor within 24 hours. Some serious injuries, like whiplash, don’t cause immediate symptoms. By doing this, you help establish evidence of your injuries.
Report the Accident: When you call 911, the responding police officer will ask for your information and create an accident report. This is an official account of your accident and can be useful in your claim. Our attorneys can help you obtain a copy of your accident report if you can’t find it.
Gather Information: If it is safe to do so, take pictures of the scene of your accident, including your injuries, vehicle damage, road conditions, etc. Make sure you also get the name, address, email, and phone number of anybody who witnessed the crash as well as the insurance information for the truck driver or their employer.
Submit Your Claim: You should submit your claim to the insurance company as soon as possible. Do not accept any blame for the accident and do not give a recorded statement. Anything you say during your contact with the insurance company could be used to reduce or deny your claim.

Once you have submitted your claim, you should seek the help of our motor vehicle accident attorneys. Call McPhillips, Fitzgerald & Cullum LLP today at 518-792-1174 to schedule a consultation. We are proud to serve clients from our offices in Chestertown and Glens Falls in New York as well as Miami Shores, Florida.

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Do You Need a Will?

Sun, 28 Feb 2021 15:13:00 GMT

Creating a will is probably way down on your “to-do” list, and you may even wonder if you really need one. Here are some things to consider if you are trying to decide if you need a will .

Why should I bother drafting a will?

A will is simply an official document that says how your assets will be distributed after you die. It is a way for you to ensure that what you do have is distributed exactly as you would like it to be. You may think that it’s not worth your time to designate who gets what of your meager possessions. However, those possessions are special to you, and you want them to go to the proper place, right? Your great-grandmother’s earrings should go to your niece, and not end up with that distant cousin you’ve only met once.

Don’t let someone else make important decisions

Another very important reason to have a will is that if you have children and don’t officially designate who their legal guardian will be, the courts may decide this for you. Also, besides making sure your loved ones get what you want them to, having a will can speed up the process of disbursing your belongings and save your loved ones the time and trouble of trying to sort it all out between themselves. Designating a legal guardian for your children also saves everyone the time, trouble, and pain of having someone else make this very important decision, at a time that will be difficult enough for your children as it is.

As you go through life and all the changes that come with it, don’t forget to update your will to reflect these changes.

Even if you aren’t a billionaire, it is well worth it to create a will, especially if you have children. But it can be daunting to even get started, and you want to make sure you do it right. McPhillips, Fitzgerald and Cullum can help you create a will to protect your assets and your loved ones. There are offices in New York or Florida – don’t wait, contact the office for a complimentary consultation today.

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Steps to Take After A Car Accident

Sun, 14 Feb 2021 15:13:00 GMT

Being in a car accident, even if you aren’t seriously injured , can be quite a shock. However, there are some important things you need to do if you’ve been in an accident. Read on for steps to take if you find yourself in this situation.

Be safe and call for help

If you are seriously injured, try not to move. If you are not injured, you should get out of the car and move to a sidewalk or somewhere safe and out of traffic. Whether there are injuries or not, the police should be called so that they can file a report.

Stay calm and gather information

An accident is extremely stressful, but it is also important that you stay calm – don’t get angry, but don’t apologize for anything, either. You will need to get the other driver’s insurance information, as well as their contact information. If there were any witnesses, you should get their contact information, too. It’s also a good idea to take pictures of the scene. After the police have finished their work, ask for the report number, as well as the officer’s name and badge number.

Start the claims process

If possible, you may want to contact your insurance company while you are on the scene so that they can walk you through the steps of what to do. If this isn’t possible, you should call your insurance company as soon as you can. They will start the claims process by sending an adjuster to assess your vehicle’s damage, and if you have car rental insurance, they will be able to tell you how to go about getting your rental car.

Get medical help if you need to

You may have walked away from the accident all right, but the next day you notice that you don’t feel quite right. In this case, see your doctor as soon as possible so he or she can assess for any injuries.

If you’ve been injured in a car accident that was caused by someone else’s negligence, you may want to consult a personal injury lawyer. If you live in New York or Florida, contact McPhillips, Fitzgerald and Cullum for a complimentary consultation.

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Common Motor Vehicle Accident Injuries

Sat, 30 Jan 2021 08:41:00 GMT

A few million people are non-fatally injured in U.S. motor vehicle accidents every year. Tens of thousands are killed. As experienced car accident lawyers, we are passionate about accident prevention. We have witnessed just how devastating these injuries are on the lives of victims and their families. Our legal services include pursuing justice and compensation for people injured in accidents, and for the families of accident victims who were killed.

A legal claim could involve virtually any type of serious accident injury. Some of the most common are:

Brain injury
Spinal cord injury
Injuries resulting in amputation
Fractures
Neck and back injury
Scarring and disfigurement
Internal injuries
Death

The severity of the injuries depends on many factors including seat belt usage, vehicle speed, vehicle size, whether the vehicle was hit from the side/rear/front, the position of the occupant’s body and more.

If the crash that injured you was caused by someone else’s carelessness (a texting driver, a drunk driver, a reckless semi-truck operator), then you may have a case to pursue compensation with our help. We offer a free consultation so you can find out.

Skeletal, nerve and organ injuries can be life-altering. The victim may experience partial or total loss of certain functions. It can be difficult or impossible to return to former job duties. Getting around, caring for yourself and caring for others can also be problematic, depending on the injury. While groundbreaking, effective therapies and treatments exist for many types of car accident injuries, they can be expensive and ongoing. A case handled by our attorneys is an opportunity to pursue compensation so that you can afford to live with your injury, replace lost income, and generally rebuild portions of your life following a serious crash.

The only way to know for sure if you have a case is to consult an experienced attorney. To arrange a consultation at McPhillips Fitzgerald & Cullum LLP, please contact us . Our law firm has offices in New York and in Florida.

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What is Product Liability?

Wed, 30 Dec 2020 07:58:00 GMT

Product liability refers to the potential legal liability of a manufacturer, wholesaler or retailer that makes, markets or sells a defective product. A product liability case is handled by our experienced attorneys, who seek justice and maximum compensation on behalf of the injured.

Literally any kind of consumer good could ultimately become the subject of a product liability suit. In the past, claims have involved:

Tires
Airbags
Vehicles
Children’s toys
Medical devices
Pharmaceuticals
Appliances
Tools

Getting injured while using a certain product is not on its own enough to prove a product liability claim. These cases must show:

The product was available for purchase
The manufacturer had an obligation to meet the ordinary expectations of average consumers
The product has a design or manufacturing defect
That defect caused the product to be unreasonably dangerous
It is predictable and reasonable that a consumer could be injured because of the defect
The consumer in the case was injured
The injury is a direct result of the defect
The injury caused the victim to suffer damages

Liability may ultimately lie with any party along the chain of distribution: manufacturers, but also designers, distributors, wholesalers and retailers. A design defect means there is something defective about the way the product was created. Therefore, the defect will be present in any and all products created, not just in certain lots. A manufacturing defect arises after the product has been designed, while it is being made. It may arise when a product is being assembled at a factory. The design was sound, but a mistake or negligence causes a problem during manufacture.

As you can see, it takes an experienced legal mind to sort out the ultimate cause of, and liability for, your injury. Our attorneys will work tirelessly to determine who is accountable for the harm and damages you have suffered. We will not rest until we have obtained the best possible results.

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Avoid a Holiday DUI

Mon, 07 Dec 2020 08:15:00 GMT

Even with smaller gatherings and limited travel caused by the COVID-19 pandemic, there will likely be holiday merrymaking – and imbibing – in 2020 nonetheless. According to the National Highway Traffic Safety Administration, there were 285 drunk driving deaths during the period from Christmas Day to New Year’s Day, 2018. Each and every one of those deaths – and all deaths caused by drunk drivers – are fully preventable. In order to prevent them, we must all take accountability for driving only while sober.

The holidays can be an easy time to slip on your normally cautious approach to drinking and driving. Keep these tips top of mind:

If you volunteer to serve as a sober driver, stick to the pledge fully. Don’t drink after making this commitment.
If you happen to see a driver you suspect is drunk, call the police and report the vehicle.
Don’t let friends and family drive while intoxicated. Make sure guests have a safe ride home after celebrating the holidays with you.

You may be social distancing and not planning to have any large gatherings this year. It’s important to remember that even if you are at home having a few celebratory drinks with your spouse, roommate or small group of friends, it’s still important to have a plan: Don’t find yourself tempted to drive because you didn’t make plans for dinner. Have the evening planned out so that drunk driving doesn’t unexpectedly come up in the course of the celebration. Even buzzed driving can be dangerous, so it is important to plan ahead. Family and friends may not want to hail a rideshare because of COVID-19, so they’ll need a sober driver with them or to have other arrangements for sober transportation. With a little planning and care, you and your friends can celebrate the holidays in 2020 without endangering your lives and the lives of other motorists on the road.

To arrange a consultation at McPhillips Fitzgerald & Cullum LLP, please contact us . Our law firm has offices in New York and in Florida. We represent people who are facing criminal charges related to DUI and other traffic violations.

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When Slip and Fall Injuries are Really Serious

Tue, 01 Dec 2020 04:45:00 GMT

Slip and fall injuries can be quite severe. With winter around the corner in New York, and Florida weather turning wet and rainy, the time seems right to revisit some of the issues surrounding a serious tumble. Consider the catastrophic trauma that is possible when you lose your footing:

Broken bones
Compound fractures
Spinal cord trauma
Brain injury
Torn ligaments
Tendon injuries
Broken wrists or fingers
Twisted or broken ankles
Broken collarbone
Neck trauma

These injuries make it difficult to go to work and get around. You may have to be in the hospital for a while, and then on bed rest at home. You may be in pain and unable to spend quality time with your family while you are recovering. For older adults, a bad fall can often be the catalyst that begins the transition from living independently to moving into an assisted living facility.

If your slip and fall can be linked to someone else’s negligence, then you may be eligible to pursue maximum compensation with the help of our attorneys. Examples of negligence that often arise in slip and fall cases include:

Wet floors in retail locations
Broken pipes leaking onto a walkway or sidewalk
Uneven, damaged flooring
Broken, damaged sidewalks
Damaged carpeting
Inadequate lighting
Construction equipment left behind in public walkways
Cables left trailing across walking surfaces
Improperly designed stairs or walkways
Lack of hand railing

It takes an experienced attorney to determine if someone is at fault. It depends on many factors, including the location, your relationship to the location (trespassing, shopping, work-related, etc.) and whether the responsible party had adequate time to repair the issue before the fall occurred. Rely on us for answers and to investigate your claim thoroughly.

To arrange a consultation at McPhillips Fitzgerald & Cullum LLP, please contact us . Our law firm has offices in New York and in Florida. A slip and fall can be scary, and you deserve experienced guidance on your side. Our lawyers will provide you with the clear advice you need in order to decide what to do next.

The post When Slip and Fall Injuries are Really Serious appeared first on McPhillips, Fitzgerald & Cullum LLP .

What does a Criminal Defense Lawyer Do?

Sun, 15 Nov 2020 06:03:00 GMT

A defense attorney defends your rights when you are charged with a crime. Criminal prosecution is serious: any conviction will have serious ramifications for your life, livelihood and well-being. A defense attorney thoroughly understands the gravity of the situation and works tirelessly to minimize the negative impact on your life.

Your defense attorney is the person you can trust and turn to when you may feel overwhelmed, angry and unsure of your future. The attorneys at our law firm know how you feel because we have represented many defendants over the years in similar circumstances. We know you need someone you can trust, and you can rely on us to provide you with clear, honest and straightforward information about your case.

As criminal defense lawyers, we:

Investigate the charges against you
Gather evidence
Question witnesses
Provide plea guidance
Negotiate with prosecutors

This list is not exhaustive. There are many different things defense lawyers do on a daily basis, and they can change based on the specific case.

You can benefit from the services of our lawyers because we will fight for the best possible resolution to your case. Examples of ways our attorneys have helped others include:

Securing reduced charges
Securing dropped charges
Obtaining alternative sentencing
Obtaining penalties that are less harsh

The right path forward in your case is impossible to predict before talking to our lawyers. They first want to thoroughly investigate the case against you and determine all of the options. When you choose an experienced criminal lawyer, you are choosing a professional who has dedicated their career to helping people like you. No matter how serious the charges, you deserve a thorough defense. Although an outcome can never be guaranteed, we commit ourselves to pursuing what is best for each and every one of our clients. Your entire life does not have to be turned upside down.

To arrange a consultation at McPhillips Fitzgerald & Cullum LLP, please contact us . Our law firm has offices in New York and in Florida. We are passionate about defending the rights of individuals facing serious criminal charges.

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What is a Slip and Fall?

Fri, 30 Oct 2020 05:31:00 GMT

A slip and fall accident can lead to very serious physical injuries. Broken bones, lacerations, scars, disfigurement and torn ligaments are just some of the most severe injuries. While a slip and fall is sometimes an unfortunate mishap and nobody’s fault, other slip and falls can be traced back to negligence.

If someone owed you a duty of care (i.e. the grocery store has a duty to respond to spills on the floor), and they breached that duty (i.e. the store does not put out a sign to warn you and also does not clean up the spill in a timely manner), then they may be responsible for your fall and your injuries.

Common causes of slip and fall accidents include:

Uneven flooring or sidewalks
Cracked, rotting or damaged sidewalks
Lack of handrails
Slippery/wet surfaces
Cords or equipment left in walking areas
Torn carpeting
Inadequate lighting

These cases can be complex. Someone is not always at fault; however, if someone is responsible, you will likely need the skill and experience of a personal injury attorney to prove it. Various actions must be undertaken to show that the responsible party caused the dangerous conditions, or did not do anything to address those dangerous conditions despite knowing of them.

In a personal injury claim handled by our experienced lawyers, we will tirelessly pursue compensation on your behalf. In the event of successful monetary recoveries, the award may be based on:

Medical bills
Loss of income
Pain and suffering
Mental anguish
Costs of physical rehabilitation
Diminished earning capacity

First, we must get to know you and how this injury has impacted your life. Once we have learned those details, we can build a strategic case that seeks the best possible results for you and your family. Slip and fall injuries can be painful and traumatic. Our lawyers are here to serve as your dedicated advocates.

To arrange a consultation at McPhillips Fitzgerald & Cullum LLP, please contact us . Our law firm has offices in New York and in Florida. We will review the details of the slip and fall that injured you to determine if someone is responsible.

The post What is a Slip and Fall? appeared first on McPhillips, Fitzgerald & Cullum LLP .

Do I Need an Attorney for a Traffic Violation?

Thu, 15 Oct 2020 09:19:00 GMT

Getting a ticket for a traffic violation can be expensive, inconvenient, and could even lead to suspension or revocation of your driving privileges. For these reasons, you may want to consider consulting our experienced traffic lawyer to see what your options are for resolving the situation.

We may be able to assist you with any type of violation or ticket. Some of the most common include:

Speeding ticket
Driving While Intoxicated or Driving Under the Influence
Seat belt violations
Right-of-way violations
Cell phone usage while driving
Reckless driving citation
Stop sign violation
Operating a motor vehicle without a license

Your life can easily be upended by the penalties for these violations, which is why an attorney’s services can be valuable. While there are never any guarantees in any case, the attorney may be able to help you pursue dropped or reduced charges. The attorney may also be able to help you avoid the harshest penalties and minimize the consequences the traffic violation has on your life. A conversation about all of your options is recommended, so you can decide what to do next.

The attorney may be able to reduce the fines associated with the violation, or help you avoid jail time. We may be able to appear in court on your behalf for certain proceedings, so that you don’t have to take time away from work or your family to address the issue. Overall, we work to minimize the effect of this traffic violation on your life, but we need your help: When discussing the incident with you, we want to make sure we get all the details of what happened. We need to know what happened during the interaction with the police officer and afterward, in addition to what happened in the moments leading up to the moving or non-moving violation. With this information, we can build the most strategic case.

To arrange a consultation at McPhillips Fitzgerald & Cullum LLP, please contact us . Our law firm has offices in New York and in Florida. Our experienced team of attorneys takes traffic violation cases seriously. We will work tirelessly to pursue the best possible results on your behalf.

The post Do I Need an Attorney for a Traffic Violation? appeared first on McPhillips, Fitzgerald & Cullum LLP .

What Does Personal Injury Mean?

Wed, 30 Sep 2020 06:04:00 GMT

Personal injury claims exist so that you as an injured victim can seek compensation and justice for your injuries. Most often these claims involve catastrophic injury, such as:

Brain injury
Spinal cord injury
Neck, back and shoulder injury
Occupational disease
Chronic illness
Loss of a limb
Loss of eyesight
Burns
Scarring and disfigurement

Personal injuries can be traced back to someone else’s negligence. Negligence is the failure to exercise reasonable care. It is carelessness that leads to someone’s injury or death. It does not have to be intentional harm.

Here are a few examples:

A motorist violating the speed limit
A motorist texting while driving
A product manufacturer carelessly introduces a defect into a product as it is being made
A drug manufacturer makes an unreasonably dangerous drug
A drug manufacturer fails to warn consumers of inherent drug risks
A landlord does not respond to a dangerous hazard in a reasonable amount of time
A grocery store creates a dangerously arranged product display

In all of these situations, the carelessness must actually lead to an injury and be the direct cause.

Part of a personal injury attorney’s job is to determine who is at fault for the injury. This is the “liable” party. Liability could originate from an individual person, and it can also be attributed to an entire corporation or business, a government agency or a group. It takes an experienced and skilled attorney to find the root cause of the injury and then hold the responsible party accountable.

Talk to our attorneys if you are wondering if you have a case. It’s the only way to know for sure. If you suffered a serious injury and you believe it was someone else’s fault, then there is a good chance you can make a personal injury claim to pursue compensation.

If you live in New York or Florida, our experienced personal injury lawyers advocate on behalf of victims. We seek maximum compensation for your medical expenses, lost income, pain and suffering, and for all of the other ways your life has been impacted. Please contact our law firm to arrange a complimentary consultation to discuss your options.

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Causes of Car Accidents in 2020

Tue, 15 Sep 2020 06:12:00 GMT

Despite reduced traffic volume during the stay-at-home orders in the spring, car accidents were still – and are still – occurring. The causes of motor vehicle accidents remain largely the same this year, with the majority of crashes attributable to human error.

Here are some of the most frequent contributing factors:

Speeding. In 2018, speeding caused the deaths of 9,378 people, according to the National Highway Traffic Safety Administration. Speeding makes it difficult to control the vehicle and increases the time required to come to a stop.

Distractions. Despite the years of awareness campaigns, distracted driving continues to be a potent cause of crashes. The National Highway Traffic Safety Administration reports 2,841 people were killed by distracted driving in 2018. All of those deaths were preventable, as were the distracted driving deaths in all other years. Motorists, pedestrians and bicyclists are all at risk of injury and death caused by a distracted driver.

Intoxication. About 30 people die every day in the U.S. in drunk driving wrecks. Intoxicated driving impairs vision, coordination, judgement, reaction time, concentration, speed control and other important abilities required to drive.

Aggressive driving. Driving in a bad mood is never a good idea. An aggressive driver deliberately drives in a way that shows disregard for safety. Examples include tailgating, speeding, running red lights and stop signs, changing lanes without signaling, blocking cars who are trying to pass and weaving between cars dangerously.

Failure to wear a seatbelt greatly increases the risk of injury and death in the event of a crash. Buckle up every time, no matter how long or far the drive. Passengers and drivers should both be buckled.

What to do if You’ve been in an Accident

An experienced accident attorney pursues maximum compensation on behalf of the injured victim. Compensation may be awarded for medical bills, lost wages, pain and suffering, and other consequences of the crash.

At McPhillips Fitzgerald & Cullum LLP, our experienced accident attorneys in New York and Florida are ready to help you decide what to do next. To schedule a free consultation to find out if you have a car accident case, please contact us .

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Summer Vacation Injuries

Mon, 31 Aug 2020 02:39:00 GMT

Summer is supposed to be a time to get in some fun and relaxation, but injuries and illness can put an end to your good times and at great expense. If your injury or illness was caused by someone else’s negligence or a defective product, you may be able to recover substantial compensation to pay for your medical expenses, lost income, pain and suffering and more. You’ll need the help of an experienced personal injury attorney to win your case.

Motor Vehicle Accidents

Whether you are travelling or staying in your own area, you can’t get away from the risk of summer accidents. There are many factors that contribute to summer accidents including:

Driving in unfamiliar areas can lead to confusion, distraction, and unfamiliarity with the local rules of the road.
Young people, inexperienced drivers, are out of school and driving around in hoards.
Hot weather makes tires more prone to blowout.
Hot weather also increases road rage.
People are out partying, and not just at night, meaning more drunk and hungover drivers on the road.
Those on longer trips suffer from driver fatigue.

Heat Injuries

Sunburn, dehydration, and heatstroke can all land you in the hospital or worse, they often come in combination during the summer. Stay hydrated, wear plenty of sunscreen, and be on the lookout for signs of heat stroke and heat exhaustion including:

Muscle cramps
Rapid heartbeat
Headache
Dizziness
Nausea or vomiting
Weakness and/or confusion
Heavy sweating
Pale or cold skin

Sports and Recreation Injuries

Resist the temptation to take on physically challenging sports and recreational activities if the most adventure you’ve had in the last few years is couch surfing. Injuries from not being in good physical shape or from tackling equipment and activities you have no training for can stay with you for years to come. If you’re going to try waterskiing for the first time in your life, get someone with experience to give you some lessons. Don’t go it on your own. And, if you’re playing in the water, stay sober.

If you have been injured during your summer vacation or by tourists who have flooded your area, don’t wait until it’s too late to take legal action, talk to McPhillips Fitzgerald & Cullum LLP, right away to protect your right to full compensation. Contact us today to schedule your free consultation.

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Football Injuries – It’s Not Just Concussions

Sun, 16 Aug 2020 00:59:00 GMT

Brain injuries are a very serious concern for football players, especially in high school athletes and younger, but because they get the most media attention in recent years, it’s easy to forget about the other serious injuries that high school football players incur. Some, such as spinal cord and heat injuries, can be fatal. If your child has suffered a football injury, you may be able to recover the compensation needed to cover their medical care and more. Please, talk to an experienced injury attorney today.

Heat Injuries

Heat injuries are some of the most upsetting and regrettable because they are completely preventable. They are most common at the beginning of training season, both because of the intense heat and because players haven’t had time to adapt to the intense physical activity. Some health conditions can increase the risk of serious or fatal heat injuries, too, so new players should always consult with a doctor before they begin training.

Young athletes need to gradually work up to the level of physical intensity, and coaches must ensure that they are getting adequate hydration.

Overuse Injuries

Overuse injuries happen over a period of time and they can be prevented by proper training. Overuse injuries respond well when detected and treated early, preventing them from progressing into something more serious, But that means the player has to take a break from training and playing, so coaches may fail to recommend it, putting the game before the student’s lifelong wellbeing.

Traumatic Injuries

Of course, we can’t leave out traumatic injuries such as knee, ankle and shoulder injuries. These injuries are common and can have lifelong effects. They are often part of the game, it’s a rough game. But the damage can be permanently debilitating. And then there are spinal cord injuries. Spinal cord injuries are rare in high school football, but they are sometimes fatal, and survivors can see their lives changed forever.

If your child was seriously injured or killed while playing or practicing for high school football, the school may be liable. Talk to McPhillips Fitzgerald & Cullum LLP, right away to protect your right to full compensation. Contact us today to schedule your free consultation.

The post Football Injuries – It’s Not Just Concussions appeared first on McPhillips, Fitzgerald & Cullum LLP .

Can I Recover Compensation for Truck Accidents Injuries Caused by High Winds?

Thu, 30 Jul 2020 15:39:00 GMT

Weather conditions frequently contribute to motor vehicle accidents, including crashes involving large commercial trucks. High winds pose a big risk for semi-tractor trailers. Truck accident victims can easily be convinced that these accidents in bad weather are just that, unavoidable accidents or acts of nature. But, in most cases, nothing could be farther from the truth. Truck drivers and trucking companies are required to understand the weather conditions that pose a risk, and to respond appropriately. That can include pulling over and waiting for the weather to pass. If you have been injured in a trucking accident involving high winds, the motor vehicle accident attorneys of McPhillips Fitzgerald & Cullum LLP, are here to help you hold the trucking company accountable and collect the full compensation you deserve.

Understanding High Winds and Large Trucks

High winds can cause a large truck to crash. The trailer can catch the wind and be blown over or blown out of control. The risk is higher when there is little weight in the trailer. This is true, and it is a known risk. It is something that truck drivers and trucking companies are expected to understand, anticipate, and to deal with. It is just one of the many things that comes with the industry, and trucking regulations require that they have safety protocols in place.

There are many reasons why high winds are no excuse for the trucking companies to get out of liability. They can be held liable if they put an inexperienced or undertrained driver on the road I those conditions. They can be held liable for pushing their drivers to push on through dangerous weather conditions in order to get cargo delivered on time.

Route planning is another issue. Trucking companies and others who plan the route for the truck have a responsibility to be mindful of weather conditions and plan the safest route, which may not be the faster route. And, if the conditions are just too dangerous, truck drivers are to pull over and wait for the hazardous conditions to pass. Truck drivers are trained to handle dangerous weather and to know when the conditions are just too dangerous.

If you or someone you love has been seriously injured in a Florida truck accident involving high winds, talk to McPhillips Fitzgerald & Cullum LLP, right away to protect your right to full compensation. Contact us today to schedule your free consultation.

The post Can I Recover Compensation for Truck Accidents Injuries Caused by High Winds? appeared first on McPhillips, Fitzgerald & Cullum LLP .

Will Pre-existing Injuries Affect My Car Accident Claim?

Wed, 15 Jul 2020 15:23:00 GMT

Pre-existing injuries are just a fact of life for many people who then happen to be injured in a car accident. These are injuries that you already had, in the same area of the body and often the same type of injury you sustained in the accident, or even the same injury made worse by the accident. Insurance companies love them because they love to exploit them to get out of paying. They try to claim that you re lying and the injury was not caused or made worse by the accident, and they will often try to convince you that it is simply not possible to recover compensation if you have pre-existing injuries. Don’t fall for their tricks. Talk to the experienced motor vehicle accident attorneys of McPhillips Fitzgerald & Cullum LLP, today.

Be Honest with Your Attorney

You can recover compensation for your injuries, even if you had a pre-existing injury. The fact that you already had an injury does not relieve the negligent driver of their responsibility if the accident they caused caused you further injury or aggravated an old condition that had improved or healed. Too many accident victims fear it will hurt their case and try to keep it a secret, even from their own attorneys.

An experienced motor vehicle accident attorney knows how to deal with pre-existing injuries, but only if they know the truth. Your opponent will find out, and your attorney needs to be prepared to prove that the injuries you are seeking compensation for were caused by the accident. The only way to do that is to gather all the information on your pre-existing injury, including the medical records that can be used to differentiate the old injury or severity of the injury from the injuries you experienced in the crash.

Do not get cheated out of fair compensation for your injuries. If you have been injured in a car accident in New York or Florida, and have pre-existing injuries, McPhillips Fitzgerald & Cullum LLP, can help. Contact us today to schedule your free consultation.

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How Will a Free Consultation Help Me?

Tue, 30 Jun 2020 07:52:00 GMT

Your free consultation is your chance to find out if you have a good case, what to expect, and whether it is worth pursuing. It lets you get a feel for the firm you are considering and whether you think they are a good fit for you. And, you will learn more about the time limits and deadlines that affect your case, so you don’t risk losing out on compensation by waiting too long to get started. After your free consultation, if you are represented by McPhillips Fitzgerald & Cullum LLP, in your personal injury case , we will represent you on a contingency fee basis, so you will only pay attorneys’ fees if you get paid for your injuries.

What You Can Learn About Your Case

During your initial consultation we will explore several aspects of your case, including:

How much your case may be worth
Who can be held liable for your injuries
Whether there was someone at fault
Whether we can prove liability
The nature and extent of your injuries
Next steps, potential outcomes, and timelines

You need to know if you have a case and whether it is likely to have enough value to be worth pursuing.

Preparing to Get the Most Out of Your Consultation

The more information we have when we meet with you, the more you can learn about your case. To get the most out of your free consultation bring as much as possible of the following documentation:

Copies of your insurance policies
Any written communications from your insurance company and other insurance companies
Your notes from any phone conversations with the insurance companies
All of your medical bills
Receipts for medical expenses
Medical records – this should include your prognosis and any expected need for future and ongoing treatment
Documentation of time missed from work, and other lost income, as well as any benefits you have used suck as sick leave
Doctor’s notes to your employer
Proof of income before your accident, such as pay stubs
Police and ambulance reports
Photo and/or video evidence of the scene and your injuries, if you have it
A journal of how your injuries have affected you and your loved ones

To schedule your free consultation, call McPhillips Fitzgerald & Cullum LLP, or contact us online .

The post How Will a Free Consultation Help Me? appeared first on McPhillips, Fitzgerald & Cullum LLP .

Crashes and Other Injuries Caused by Road Debris

Mon, 15 Jun 2020 08:04:00 GMT

Road debris is a hazard that is unpredictable for drivers. It can cause the driver who encounters it to crash, cause crashes in other ways, or get flung and cause serious or fatal injuries to bystanders. Determining who is liable for road debris accidents and injuries can be a difficult and complex process. Where did it come from? How long was it there? Who was responsible for removing it? If road debris played a role in your car crash or pedestrian injuries you need the help of an experienced car accident attorney .

Common Types if Road Debris

Road debris that is commonly involved in traffic accidents includes:

Fallen trees and branches
Garbage
Boxes
Car parts
Tarps
Tires and tire tread
Trailers that have detached
Construction materials
Tools and other equipment
Traffic cones and barrels
Appliances
Mattresses
Other furniture
Hay bales
Light posts
Downed power lines

Road Debris Accident Causes

Common causes of road debris accidents include:

Inadequately secured or uncovered load – whether on a commercial or passenger vehicle
Inadequate road maintenance – failure to remove road debris and obstacles in a timely manner
Driver negligence – failure to respond properly to road debris when conditions allow for it, commonly as a result of distracted driving or speeding

How Road Debris Can Cause Accidents and Injuries

There are many ways in which road debris can cause accidents and injuries. Both stationary and flying debris pose serious dangers to drivers and pedestrians. Road debris accidents can easily turn into multi-vehicle pileups. Examples of the ways in which road debris can cause crashes and injuries include:

Debris covers windshield of vehicle, suddenly obscuring driver’s vision
Debris is thrown through windshield
Debris crushes roof of vehicle
Road debris causes vehicle damage leading to an accident
Large debris struck by vehicle, sometimes involving multiple vehicles
Driver reacts to debris by braking suddenly or swerving, causing an accident
Flying debris hits pedestrian

If you or someone you love has been seriously injured as a result of road debris, you need the help of an experienced motor vehicle accident attorney, to determine who is liable and pursue full compensation for your expenses and losses. If your road debris injuries occurred in New York or Florida, call McPhillips Fitzgerald & Cullum LLP, or contact us online to schedule your free consultation.

The post Crashes and Other Injuries Caused by Road Debris appeared first on McPhillips, Fitzgerald & Cullum LLP .

Distracted Driving Accidents – An Unnecessary Tragedy

Sat, 30 May 2020 05:44:00 GMT

With less traffic on the roads, and more stress and worry in our lives, drivers may feel more inclined to check their phones and tune in to other distractions. Unfortunately, anything that takes your eyes or mind off the road can cause a deadly crash in an instant. Distracted driving is a choice. A selfish, avoidable, and sometimes irreversible choice. If you or someone you love was hurt by a distracted driver, you have the right to hold them liable for their negligence and demand that they pay for your injuries. The motor vehicle accident attorneys of McPhillips Fitzgerald & Cullum LLP, are here to help.

Distractions, Not Just Devices

Device use gets all the attention, when it comes to driver distraction with good reason – it is the most dangerous maybe the most ridiculous distraction that drivers choose to engage in. It doesn’t take a genius to figure out that texting, taking selfies, or using social media while driving is a very bad idea. What many may not know is just how bad. Studies have found that texting while driving is as or more dangerous than driving drunk. And yet, it is not yet shunned by our society as drunk driving is and the laws against it are so far behind our reality.

With that said, the focus on device use can make people forget that all the old low and no-tech distractions can still lead to deadly accidents and are still far from OK. And, yes, you can still hold drivers liable for the injuries they cause when they choose to engage in those types of distractions, too. Common distractions leading to motor vehicle accidents include:

Texting and other device use, including GPS use and talking on the phone hands-free
Looking for items in a purse, bag or briefcase
Reaching for items in the floorboard or back seat
Attending to children
Interacting with passengers
Adjusting vehicle settings, such as climate control, mirrors and seat position
Adjusting the stereo
Personal grooming, including shaving, putting on makeup and fixing hair
Eating and drinking
Rubbernecking
Daydreaming

You can hold a distracted driver responsible for the harm they caused. If you were hurt in New York or Florida, McPhillips Fitzgerald & Cullum LLP, can help. Contact us today to schedule your free consultation.

The post Distracted Driving Accidents – An Unnecessary Tragedy appeared first on McPhillips, Fitzgerald & Cullum LLP .

Conditions Leading to Slip and Fall Injury Lawsuits

Sat, 30 May 2020 05:13:00 GMT

Slip and fall can happen anywhere, even in your own home. When it happens on someone else’s property, you may be able to sue for you injuries. But not every slip and fall accident is actionable. Sometimes a fall is truly just an unfortunate accident. Sometimes, what may seem like mere “clumsiness” to the person who fell is really the fault of a property or business owner who failed to live up to their duty to provide an environment free of hazards. To find out if you can recover compensation for your New York or Florida slip and fall injuries talk to our slip and fall attorneys today.

Negligence Leading to Slip and Fall

Hazardous conditions must be eliminated or clearly marked when a business or property owner knows about them or should know. Examples of hazardous conditions that can constitute negligence under premises liability include:

Spills that are not cleaned up or blocked off in a timely manner, such as beverages, grease, other liquids and other slippery substances
Failure to mark and/or block off floors that are wet during and after cleaning
Slippery residues that are left behind after cleaning, often as a result of failing to thoroughly rinse away cleaning products
Wet decks, stairs, or sidewalks
Inadequate snow and ice removal
Leaky refrigeration or air conditioning units
Other leaks that cause slick flooring or walkways
Slick mold overgrowth in areas that are not kept clean
Damaged flooring
Slick flooring materials
Loose or wrinkled carpeting or rugs
Unmarked step-up or step-down
Uneven walkways or stairs
Damaged walkways or stairs
Missing or faulty railings for stairs and balconies
Building code violations
Inadequate lighting indoors or outdoors
Messy hallways or walkways
Boxes, merchandise and other items in aisles at retail locations
Low obstacles such ss open cabinets or drawers, typically in office or other workplace settings
Cables or cords across pathways
Baby gates
Elevator, escalator or moving sidewalk malfunction
Damaged sidewalks
Damaged surfaces in parking lots and structures

If you or someone you love has been injured in a skip and fall accident on someone else’s property, you may be able to recover substantial compensation for your injuries. If you were injured in New York or Florida, McPhillips Fitzgerald & Cullum LLP, can help. Contact us today to schedule your free consultation.

The post Conditions Leading to Slip and Fall Injury Lawsuits appeared first on McPhillips, Fitzgerald & Cullum LLP .

Defective Children’s Products, More Than Just Dangerous Toys

Thu, 30 Apr 2020 13:49:00 GMT

One of the most devastating feelings for a parent is discovering that your child has suffered a preventable injury or illness or has died as a result of something you purchased for or gave them yourself. If your child was injured by a defective product, you may be able to recover the compensation you need to pay for their care and for their lifetime needs arising out of the injury. Holding companies liable for the harm that they cause to children can mean doing battle with large corporations, their insurance companies, and their teams of attorneys. You need an experienced product liability lawyer on your side.

The Many Hazards of Children’s Products

Defective products can be dangerous or deadly to children in ways that would not harm adults. Kids put things in their mouths, they climb and jump off of furniture, and are often just not aware of their surroundings. Babies can’t adjust themselves, the way that adults normally would, to avoid suffocation. Toxins such as lead have a more powerful impact on their bodies due both to their size and the fact that they are still developing. What might only pinch and bruise a tough, adult finger can sever a small child’s. The list goes on and on.

The hazards of defective children’s products include:

Flammable materials in clothing and bedding
Contact burns
Hearing injuries
Eye injuries
Lacerations
Amputations
Head entrapment
Strangulation
Suffocation
Choking
Drowning
Falls
Being crushed
Lead poisoning
Bacterial infection

Commonly Defective Children’s Products

Although any type of children’s product has the potential to be defective, some are more commonly found defective and recalled. Unfortunately, recalls often happen only after many children or injured or die. Examples of the types of children’s products that are often recalled include:

Cribs
Hammocks
Playpens
Car seats
Baby carriers
Highchairs
Strollers
Bunk beds
Clothing
Jewelry
Baby gates
Toys
Pacifiers
Teething rings
Bottle warmers
Tents

Although some children who survive defective product injuries will make a full recovery, some suffer with permanent disabilities and need special care for the rest of their lives. If your child has been harmed by a defective product, please do no wait until it is too late to take legal action on their behalf. Contact McPhillips Fitzgerald & Cullum LLP, today.

The post Defective Children’s Products, More Than Just Dangerous Toys appeared first on McPhillips, Fitzgerald & Cullum LLP .

Why You Need Full Compensation for Catastrophic Injuries

Thu, 16 Apr 2020 00:52:00 GMT

Life-altering injuries come with lifetime costs that are often far beyond what victims and families can imagine. After the initial costs, there may be lifetime care and equipment, home modifications, and much more. Your quality of life, ability to participate in activities you used to enjoy and your relationships with your loved ones may be affected. You deserve full and fair compensation for all of it, and you’ll need the help of an experienced injury attorney to get it.

Examples of Catastrophic Injuries

Catastrophic injuries are life-altering injuries. It is not uncommon to suffer more than one type of catastrophic injury in a serious accident, leading to more extensive complications and recovery time. Examples of catastrophic injuries include:

Brain injury
Spinal cord injury
Amputation
Multiple broken bones and fractures
Organ damage or loss
Respiratory damage
Loss of use of a body part
Neurological damage
Paraplegia
Tetraplegia
Paralysis
Vision loss
Hearing loss
Burn injury
Crush injuries
Severe scarring
Terminal or debilitating illness

The Costs of Catastrophic Injuries

The initial coasts of catastrophic injuries are overwhelming, and families often make the mistake of accepting settlement offers from insurance companies in a panic long before they have any idea of the long-term costs and expenses they will face. Insurance companies pay as little as they can get away with. What may look like a great offer today, could leave you trying to figure out how you will pay for ongoing care and needs in the years or decades to come. An experienced injury attorney works with medical experts, financial experts and others to create a realistic estimate of how much you will need to pay for the life-time costs of your injuries.

In the beginning you face the costs of emergency care, hospitalization, surgeries and other treatments and initiating any physical therapy and other therapy. Over the course of your life you may also face ongoing expenses, as a result of your injury, such as:

Medical equipment and supplies
Additional procedures and treatments to treat the injury itself
Medical care for secondary conditions and complications
Ongoing rehabilitation and therapy
Home health care
Custodial care
Home modifications to accommodate disability
Transportation costs, which may include purchase and maintenance of a wheelchair van and lift
Help with household needs and services you can no longer perform
Long-term care in a nursing home or other facility

If you or someone you love has suffered catastrophic injuries in New York or Florida, McPhillips Fitzgerald & Cullum LLP, can help. Contact us today to schedule your free consultation .

The post Why You Need Full Compensation for Catastrophic Injuries appeared first on McPhillips, Fitzgerald & Cullum LLP .

Tips for Staying Safe on St. Patrick’s Day

Tue, 31 Mar 2020 03:18:00 GMT

St. Patrick’s Day is one of the most popular drinking holidays in the U.S., with 57% of Americans planning to celebrate this year, according to WalletHub . While we hope that everyone has a great time this St. Patrick’s Day, we want to help you avoid being one of the many fatalities that occur each year, about one death every half hour. And we don’t want you to get a DUI, either. If you are planning to party this year, please plan ahead for a safe holiday. Even if you’re not celebrating, beware of other drivers and stay off the road if you can. If you are involved in a drunk driving accident, McPhillips, Fitzgerald & Cullum LLP , is here to help.

Tips for a Safe and Happy St. Patrick’s Day

Plan ahead. Have a designated driver and a backup plan in case you get separated from your driver or your driver doesn’t hold up their end of the bargain and decides to drink anyway.
Never, ever leave your drink unattended, even if you’re not drinking alcohol.
Obviously, don’t try to drive if you’ve been drinking. Walking home isn’t a good idea either. About 30% of pedestrians killed in St. Patrick’s Day accidents have a BAC of .08% or higher. Get a cab or call a rideshare service.
Don’t get in a vehicle with an intoxicated driver.
When you’re out, be aware of your surroundings, pay attention to what is going on around you and know where the fire exits are located.
Celebrate at home or at a friend’s where you can spend the night.
Eat something before you start drinking and drink plenty of water throughout the night.

If You Are Hosting a St. Patrick’s Day Celebration

Collect car keys from all of your guests who are considering drinking.
Plan to call a cab or rideshare service for any intoxicated guests who are planning to leave.
Find out about free safe ride home services offered in your area for St. Patrick’s Day.
Get a list of designated driver services that will pick up intoxicated guests and take their vehicles home too. Concerns about getting their car back are often the biggest objections potential drunk drivers raise when you try to get them home safely.
Be prepared to let intoxicated guests spend the night

If you have been involved in a drunk driving accident, contact McPhillips Fitzgerald & Cullum LLP, today.

The post Tips for Staying Safe on St. Patrick’s Day appeared first on McPhillips, Fitzgerald & Cullum LLP .

Pelvic Injuries in Auto Accidents

Mon, 16 Mar 2020 00:26:00 GMT

Pelvic injuries are common in auto accidents. Minor pelvic injuries can be very painful and take weeks to heal. Severe pelvic injuries can damage internal organs and major blood vessels and can be fatal. Those who survive have a long and painful recovery ahead and may experience permanent impairment. And, it is not unusual to suffer from other injuries along with pelvic injuries in a severe crash. If you have suffered pelvic injuries in an auto accident, talk to an experienced car accident attorney right away.

Symptoms of Pelvic Injury After a Crash

Pelvic fractures may go unnoticed after an auto accident, and they can cause dangerous internal injuries that need immediate medical treatment. This is one of many reasons why you should seek medical attention immediately after an accident, even if you do not believe you are injured. Whether you skipped the medical exam or went to the ER and received a clean bill of health, you need to see a doctor right away if you experience pelvic fracture symptoms within the first few weeks after an accident.

Symptoms of pelvic fracture include:

Numbness or tingling in the groin or legs
Abdominal pain
Bleeding from the vagina, urethra or rectum, which may indicate damage to internal organs
Difficulty urinating
Bruising or swelling in the hip area
Pain when standing
Difficulty walking or not being able to walk
Difficulty standing

Causes of Pelvic Injuries in Car Crashes

Vehicle occupants in the front seat are more likely to suffer pelvic fractures for several reasons. The position of the front seat in relation to a car’s frame mean that a large portion of the energy of the impact is dispersed to those int the front seats. In frontal impacts, front seat occupants are subject to being crushed by the vehicle’s engine, dashboard and steering wheel.

Airbags can deploy with enough force to cause pelvic fractures. Seatbelts can also crush the pelvis.
The medical expenses and other costs of pelvic injuries can be substantial, and you may suffer from permanent injuries. To learn more about how you can recover compensation for you auto accident pelvic injuries, call McPhillips Fitzgerald & Cullum LLP, or contact us online and schedule a free consultation.

The post Pelvic Injuries in Auto Accidents appeared first on McPhillips, Fitzgerald & Cullum LLP .

Understanding Plea Bargains

Sat, 15 Feb 2020 00:20:00 GMT

More than 90% of criminal convictions are achieved by plea bargaining, rather than going to trial where the prosecutor is required to prove guilt. When you choose to accept a plea deal, you give up many important rights, including our right to a jury trial and in most cases your right to appeal. You gain expediency and a somewhat guaranteed outcome. In some cases, a plea agreement is a good choice, but in many cases innocent defendants are intimidated into accepting a conviction that they should have fought. In any case, you can count on the prosecutor taking advantage of you if you are not represented by an experienced and highly skilled criminal defense attorney .

Basic Plea Deals

Pleas deals typically involve pleading guilty in exchange for one or more of the following:

Fewer charges
Less serious charge or charges
Reduced sentence

There is a risk to pleading guilty in exchange for a reduced sentence. Although judges usually go with the prosecutor’s recommendation, they aren’t required to, and you may not get what you were promised.

Overcharging as a Strategy

Because plea bargaining is the norm, prosecutors often use overcharging for leverage. They tack on additional charges they know won’t stick, so the situation looks more dire and the defendant is motivated to plead guilty in exchange for fewer charges. Yes, the same way a car salesman always asks for more than they expect to get, except the stakes here are your freedom and your future. And, it adds risk for you because there may be a chance that the prosecutor will win on those extra charges in court.

Your criminal defense attorney can spot overcharging and gauge the risk level, and prosecutors know this. Having an experienced attorney on your side helps to level the playing field for you.

It May be Better to Fight

In many cases, taking a good plea deal is the best move. It can result in less harm to you and save time and money so you can get on with moving forward with your life. But you need to be fully aware of the consequences. The conviction on your record may haunt you for years. The case against you may not be strong enough to hold up in court. There are many reasons why fighting the charge or charges may be your best course of action.

If you are considering taking a plea deal, don’t do it without talking to an experienced criminal defense attorney first. Call McPhillips Fitzgerald & Cullum LLP, or contact us online today.

The post Understanding Plea Bargains appeared first on McPhillips, Fitzgerald & Cullum LLP .

Adding Insult to Injury: Insurance Bad Faith After a Car Accident

Wed, 15 Jan 2020 19:34:00 GMT

It is not unusual for auto insurance companies to deny or underpay claims whenever they can get away with it. If you are dealing with an at-fault driver’s insurance company, it will try to prove that you were to blame or partially to blame, or that your injuries were caused by something else or not nearly as serious as you claim. The list goes on and on, and it’s really just standard operating procedure for the insurance companies. But, sometimes the insurance companies go too far and get askew of the law, operating in bad faith. If that is happening to you, you may be able to recover damages above and beyond the value of your original claim.

Our Florida auto accident attorneys have in-depth knowledge of insurance bad faith, how to spot it and what to do about it. If you think your insurance company or the other driver’s carrier is trying to cheat you, call us today for a free consultation.

What is Bad Faith?

Insurance companies have to honor the promises made in their contracts. They also have some specific duties set out in state law. Yes, they’ll do what they can to pay you as little as possible, but there are limits to what behavior is acceptable. Examples of bad faith include:

Failure to communicate promptly about your claim
Failure to investigate your claim in a timely manner
Denying your claim without investigation or with a substandard investigation
Denying your claim without a reasonable explanation
Making an unreasonably low offer compared to your damages

When you have been injured in a motor vehicle accident, you need an experienced auto accident attorney on your side to fight for full and fair compensation and to handle issues of bad faith when dealing with the insurance companies. Call McPhillips Fitzgerald & Cullum LLP, today or email us to schedule your free initial consultation.

The post Adding Insult to Injury: Insurance Bad Faith After a Car Accident appeared first on McPhillips, Fitzgerald & Cullum LLP .

How do I Enforce the New York Eviction I Won as a Landlord?

Wed, 15 Jan 2020 19:28:00 GMT

Winning your eviction lawsuit does not mean your work is done or that it will be quick and easy to get the tenant out and reclaim your property. For one thing, the laws have changed, and tenants now have 14 days, rather than 72 hours, to vacate after being served. This is part of the Housing Stability and Tenant Protection Act of 2019. When the time is up, you cannot personally remove the tenant, you’ll have to get the sheriff to do it. And once the tenant is gone, you may still have their property to deal with. An experienced New York landlord/tenant attorney can guide you through this process so that you do it lawfully and are not penalized.

Removing Tenants and Their Property

New York law does not allow landlords to personally remove tenants who refuse to leave, even when you have won your eviction lawsuit, served the warrant and waited the required 14 days. If the tenant still refuses to get out, you’ll have to get the sheriff to remove them or face legal consequences.

Whether the tenant goes on their own or is removed by the sheriff, they will probably leave property behind. If it’s just trash, like old food and newspapers, you can dispose of it as part of clean-up. But if there are items of value they still belong to the tenant and you are not allowed to sell or dispose of them. Exactly how you must handle the situation is not clearly laid out in New York law, but generally, you should give the tenant 30 days’ notice to claim their property from you.

The best way to deal with abandoned property is to have a provision in the lease agreement outlining exactly how the matter will be handled.

To learn more about the eviction process and how we can help, call McPhillips Fitzgerald & Cullum LLP, or email us to schedule a consultation.

The post How do I Enforce the New York Eviction I Won as a Landlord? appeared first on McPhillips, Fitzgerald & Cullum LLP .

Why Your Auto Accident Brain Injuries Must Get the Attention They Deserve

Fri, 27 Dec 2019 23:07:00 GMT

Maybe you have suffered amputation or numerous broken bones and fractures. You may have suffered life-threatening burns and narrowly escaped death spending weeks or months in the hospital. But it is the invisible brain injury that can cause personality changes, make it impossible to complete the tasks you begin, rob you of your former ability to earn a living and of the relationships that you cherish.

Proving Brain Injuries

When seeking compensation for your auto accident injuries, your brain injuries may be the injuries with the highest life-long costs. The insurance company will try to downplay the seriousness of your injury and its consequences. Brain injuries and their consequences are harder to prove than other injuries for many reasons. Among those reasons:

They are invisible
The outcome of brain injuries is unpredictable and the path for each patient is unique
The symptoms of brain injuries can come and go, and may not develop until weeks or months after the injury occurred
Brain injuries often go overlooked by the victim and doctors immediately after an accident
Brain injuries can occur with no blow to the head and no loss of consciousness
Brain injuries can occur in low speed collisions with little vehicle damage

To recover the full and fair compensation you need for your brain injuries, you will need the help of an auto accident attorney who has experience with brain injury cases and knows how to prove the seriousness of the harm they cause. In Florida or New York, call McPhillips Fitzgerald & Cullum LLP, or email us to schedule your free initial consultation.

The post Why Your Auto Accident Brain Injuries Must Get the Attention They Deserve appeared first on McPhillips, Fitzgerald & Cullum LLP .

I was Injured on Rental Property. Who Pays for My Injuries?

Mon, 16 Dec 2019 01:52:00 GMT

In a premises liability lawsuit, the property owner or the person who controls the property can be held liable for your injuries. But that does answer the question of who is liable for your injuries when they occur on rental property.

It can be a complicated question.

If you are not the tenant, you may find the landlord and tenant, or their insurance companies, pointing the finger at each other.

If you are the tenant, you may have to fight for the compensation you deserve.

Either way, you’ll need the help of an experienced premises liability attorney or you could miss out on the compensation you deserve. McPhillips Fitzgerald & Cullum LLP, is here for you.

Establishing Liability

Landlords and tenants each have responsibilities. Many of those responsibilities are outlined in the lease, but many are not. Some examples of landlord responsibility include:

Areas of the property that are only controlled by the landlord, often common areas such as parking lots and hallways
Dangerous conditions the landlord knew about but did not warn the tenant about
Repairs the landlord knew were needed and agreed to make but failed to make or repairs were inadequate
Basic security, such as changing the locks when a new tenant moves in and stronger measures where the need for them is known to the landlord

Landlords do not have control over conditions tenants create in the privacy of their dwellings and are not responsible for injuries caused by those conditions under most circumstances. Although, there can be exceptions if the behavior was foreseeable or known to the landlord.

If you have been injured on rental property in New York or Florida, whether as a visitor or a tenant, talk to the experienced premises liability attorneys of McPhillips Fitzgerald & Cullum LLP, today to learn more about your rights. Call today or email us to schedule your free initial consultation.

The post I was Injured on Rental Property. Who Pays for My Injuries? appeared first on McPhillips, Fitzgerald & Cullum LLP .

A Drunk Truck Driver Caused My Accident. Now What?

Mon, 25 Nov 2019 18:22:00 GMT

Truckers are subject to state and federal trucking regulations and so are the trucking companies. An experienced trucking accident attorney will thoroughly investigate your accident and the underlying causes, including the areas in which the trucking company may have been to blame.

Trucking Company Liability in Drunk Driving Accidents

Every trucking accident is unique, but there are some common threads that we find in cases involving truck driver intoxication. Trucking companies are not innocent bystanders subject to the whims of their drivers. They have legal responsibilities meant to help keep the public safe. Among them are proper screening before hiring, training and monitoring of drivers, and so much more. Trucking companies that fall down on those duties can be held liable for injuries caused by their drivers as a result.

And, trucking companies often have a more active role in causing accidents. Trucking companies are notorious for pushing their drivers to meet unrealistic schedules, because moving good faster increases their bottom line. In the process, they may call in drivers who have been drinking during their off-time, or push drivers to drive beyond the point of fatigue causing some to turn to stimulants that affect their judgement and reaction times leading to errors and crashes.

If you have been hurt by a drunk or drugged truck driver, the experienced truck accident attorneys of McPhillips Fitzgerald & Cullum LLP, can help you recover the full compensation you deserve. Call us today or email us to schedule your free initial consultation.

The post A Drunk Truck Driver Caused My Accident. Now What? appeared first on McPhillips, Fitzgerald & Cullum LLP .

How Do I Get Paid After a Multi-Vehicle Crash?

Sat, 09 Nov 2019 18:17:00 GMT

Regardless of who caused what, you need to get paid for your injuries, and you need an attorney who knows how to deal with these complicated accidents and has the resources to investigate properly and thoroughly. The experienced motor vehicle accident attorneys of McPhillips Fitzgerald & Cullum LLP, are here for you.

Multiple Victims and Multiple Drivers

Determining who is to blame for your injuries is no simple matter. The driver who is to blame for starting the chain of events may not be the only driver to blame for causing your injuries. In a multicar pileup, it can be impossible for drivers to react in time to stop, but a distracted or speeding driver who could have stopped if not for their negligent behavior, or could have slowed down considerably causing less damage, may be held liable for the injuries they caused or contributed to.

Law enforcement officers who arrive on the scene are not always able to determine what really happened, and even if they think they have it figured out, they may be wrong. Multi vehicle accidents require extensive investigation by experienced accident reconstruction experts and investigators. The investigators hired by the insurance companies have one goal, to find a way to blame drivers not covered by the company they are working for.

You need an experienced accident attorney on your side. To learn more about how McPhillips Fitzgerald & Cullum LLP, can help you recover full and fair compensation for your multi vehicle accident injuries, call us today or email us and schedule your free initial consultation.

The post How Do I Get Paid After a Multi-Vehicle Crash? appeared first on McPhillips, Fitzgerald & Cullum LLP .

Texting or Talking on the Phone Can End in License Suspension for New York Drivers

Fri, 25 Oct 2019 15:38:00 GMT

Handheld Device Use in New York

The law applies to any handheld device use while driving. This includes phones, laptops, pagers, and video game consoles and more. Prohibited activities include, but are not limited to texting, talking on the phone, watching videos, and playing video games. There is an exception for using a device to contact emergency services.

Penalties for Cell Phone and Device Use

Handheld device use can lead to license suspension pretty quickly in New York. A first offense carries the following penalties:

$50 to $200 fine
Surcharge up to $93
Five driver violation points

For a second violation, the fine can be as high as $250 and for a third or subsequent, the fine can be a maximum of $450.

Driver’s license suspension come into play with the violation points. Drivers over 21 years old, who rack up 11 or more points in an 18-month period can face suspension. Younger drivers face suspension on the first cell phone offense and a one-year revocation for a second offense.

If you have been injured in an accident caused by a distracted driver in New York, please call or email us today.

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Guardianship in Florida

Thu, 10 Oct 2019 14:54:00 GMT

How to Become a Guardian in Florida

In order to even be considered by the court as a potential guardian in the Sunshine State, you must be over 18, have a clean criminal background (no felony convictions), and be a Florida resident. It is possible to become a guardian in Florida if you are not a resident of Florida, but you must be related to the ward. “Ward” is the term used to describe someone the court determines is in need of a guardian, as that person becomes a “ward of the court.”

If you fit the requirements to be considered for guardianship and wish to be appointed a guardian, you must file the following three documents:

Petition to Determine Incapacity
Petition for Appointment of Guardian
Application for Appointment of Guardian

These three documents play different roles in the court’s determination. The first, the Petition to Determine Incapacity, starts the process of the court examining the ward’s ability, or lack thereof, to care for him or her self. The Petition for Appointment of Guardian is the document that asks the court to appoint a guardian to care for the ward. The Application for Appointment of Guardian is what asks the court to specifically appoint you as that guardian.

Once a Petition to Determine Incapacity is filed in Florida, the court will appoint three people to examine the ward’s mental and physical capacities. All three people making up this panel will be doctors. Two of the three doctors making up the panel will serve as expert witnesses. At least one of the two expert doctors must be an expert in the type of incapacity the ward suffers from. For example, if you’re seeking guardianship based on someone’s mental incapacity, then the court will need to appoint an expert psychiatrist. The court may also choose to appoint an attorney to represent the ward, if it is deemed necessary to protect the ward’s best interest in the proceeding.

Each of the three doctors will then meet with the ward independently and submit their findings and recommendations to the court. The court will then consider the recommendations and decide whether or not the ward is in need of a guardian.

If the court decides a guardian is proper in your situation, then your application for guardianship will be considered. If the court decides you are a proper guardian, you will be appointed.

My Responsibilities after Guardianship Appointment

Getting appointed as a guardian in Florida is just the beginning. Actually serving as a guardian is a huge responsibility, and Florida law has requirements you must meet in order to retain your guardianship appointment. Guardians in Florida are required to attend an 8-hour training course and pay any and all court fees associated with the guardianship process. These fees can be as high as $5,000-$7,000. Guardians in Florida are also required to undergo stringent credit and criminal background checks and file a certificate of completion of those background checks with the court.

Most importantly, however, you are now responsible for making decisions on behalf of the ward. You are responsible for making all of their decisions for them – financial, legal, and medical. A guardian is required by Florida law to make any and all decisions with only the best interest of the ward in mind. Being someone else’s guardian is no small task. It comes with significant responsibilities both to the ward and to the State of Florida.

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How is a Wrongful Death Settlement Calculated?

Tue, 24 Sep 2019 12:43:00 GMT

Motor vehicle accident
Medical malpractice
Defective product
Workplace accident
Intentional acts (regardless of whether or not criminal charges are filed)

While placing a dollar amount on someone’s life does not do anything to alleviate the grief of the surviving family members, wrongful death claims and lawsuits are settled by calculating what someone’s life was worth, but only its worth in the strictest legal sense.

The value put on someone’s life cannot possibly measure their worth or how much they were valued by society and those who loved them. But the legal system has to have some type of formula to figure out what surviving family members who have suffered a terrible loss should be compensated by the party responsible for the death.

Economic and Non-Economic Factors

A team of legal and financial professionals will take many things into consideration when calculating what to ask for in a wrongful death claim or lawsuit. Economic factors can be easily calculated and would be things like the salary the deceased would have earned over the course of his lifetime. Non-economic damages are not tangible and an exact dollar amount is difficult to come by.

Age : How old the family member was at the time of his wrongful death is crucial in calculating how much income and financial benefits will now be lost due to the wrongful death.
Health : A great dollar amount would be attributed to the wrongful death of a young man or woman as they would have had many years, even decades, of earning ahead of them.
Income at the time of death : Several factors will be examined for this one including potential raises in their career, education that would have secured them a higher paying job, and their total income when they died.
Ed ucation and training : Those with more education and training have a larger earning capacity, in most cases.
Medical Costs: All medical costs directly related to the accident are calculated into the settlement (ambulance costs, hospitalizations, surgeries, follow-up care, etc.)
Funeral Costs : Reasonable burial and funeral expenses are calculated into the wrongful death settlement.
Future Benefits Lost : Future benefits that would have benefitted the family are considered (pensions and insurance)

Non-economic losses include:

Personal Life Value: How much did the deceased contribute to the family as a whole?
Losses without Costs : What companionship, guidance, and stability have been lost?

If you have recently lost a loved one in a wrongful death in New York or Florida, please us to schedule a no-cost consultation.

The post How is a Wrongful Death Settlement Calculated? appeared first on McPhillips, Fitzgerald & Cullum LLP .

Should I Go to the ER After a Car Accident?

Mon, 09 Sep 2019 17:34:00 GMT

Err on the Side of Caution: Get Medical Help

If you have health insurance or if you have money to pay for a visit to an emergency room, the best advice is go get checked out just to make sure you’re OK. In many cases, your car insurance policy or the other party’s insurance company will cover the cost of your ER visit.

Also, it’s important that you get medical treatment as soon after the car accident as possible for a few reasons. The longer you wait, the more damage those injuries may do to your body.

For instance, if you have a concussion and don’t know it, going home and going to sleep could have disastrous results on your health and well being. If you feel you only have a minor sprain or strain , you may continue to walk on a broken ankle, which will lead to a much longer recovery time and an inadequate healing of the bone. If you use a hand and arm not realizing you have a hairline fracture in your wrist, you can do permanent damage to that limb.

There’s another reason it’s very important to get to an ER right away following a car accident. If you end up filing a personal injury lawsuit, the defendant’s insurance company is likely to assert that your failure to get medical treatment immediately means that you were not injured in the crash. The defendant may claim that you only decided to get medical treatment to help win your case. They will also say something like, “How bad could you possibly be injured if you didn’t even seek medical help right away?” By going to the emergency room or urgent care right after the accident, you remove the opportunity for the other side to attack your motive for seeking medical treatment at a later time.

Emergency departments are staffed with doctors and nurses trained to deal with trauma—more so than your primary care physician will be able to the next day at his/her office. This is another reason why it is important to go to the emergency room right after the car accident. If you do have broken bones, severe lacerations, contusions, or abrasions, you will receive the proper treatment by the highly trained ER staff, and any diagnostic testing can be done right on site.

If you were hurt in a car wreck in New York or Florida, please call us to investigate your case once you have been cleared to leave the hospital. We offer no-cost consultations to hear the details of your case and advise you on how to proceed.

The post Should I Go to the ER After a Car Accident? appeared first on McPhillips, Fitzgerald & Cullum LLP .

Senior Drivers in Florida

Sun, 25 Aug 2019 06:00:00 GMT

August 25, 2019 by McPhillips, Fitzgerald & Cullum LLP

Florida Rules for Senior Drivers

Florida has the highest percentage of senior citizens in the country. People 65 and older make up 18% of Florida’s population. So, it comes as no surprise that older drivers have come to the attention of the state. In Florida drivers who are 80 years old or older must:

Renew their driver’s license every six years rather than the eight years allowed for younger drivers
Renew in person rather than online
Pass a vision test

Additionally, family members and others can request an unsafe driver investigation by the Florida Department of Highway Safety and Motor Vehicles (DHSMV).

If you or someone you love has been seriously injured in a motor vehicle collision caused by an elderly driver, in Florida, you may be able to recover compensation for your economic and noneconomic losses. Please call McPhillips Fitzgerald & Cullum LLP, or email us today to schedule your free initial consultation.

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Construction Deaths from Falls Up 45% Since 2011

Mon, 05 Aug 2019 17:37:00 GMT

Small Companies Had Highest Rate of Fall Fatalities, Roofers Most likely to Die from Falling

Employers with fewer than 20 employees only made up 39% of construction payroll employment, but they accounted for 75% of fatal falls between 2015 and 2017.
The majority of falls to a lower level were falls from roofs, ladders and scaffolds, with the three making up 70% of those fatal falls.
About one-third of fatal falls were from roofs.
In 2017, 87 roofers fell to their deaths. The rate of fatal falls among roofers was more than 10 times the rate of other construction workers with 35.9 deaths per 100,000 full time employees.

Construction is an inherently dangerous industry, but the risk of falls and other fatal accidents increases dramatically when employers fail to implement basic safety standards. If you have lost a loved one to a fall in the workplace, in New York or Florida, McPhillips Fitzgerald & Cullum LLP, is here to help. You may be able to recover substantial monetary compensation for your loss, so that you and your family do not have to face a future of financial uncertainty. Please call or email us today to schedule your free initial consultation.

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How Bike Accident Lawyers Prove Your Case

Fri, 26 Jul 2019 21:48:00 GMT

Even in what appear to be the most clear-cut cases of negligence on the defendant’s part in a bike accident injury claim, your personal injury lawyer will have his work cut out for him when it comes to proving the negligence or reckless behavior of the person who hit you.

When that negligent party is not obvious, as is the case in some bike vs. car accident cases, the job of the personal injury attorney becomes even more difficult, especially when other factors such as a pothole, construction site, or road debris contributed to the collision. When a city, county, or state government agency is partially or fully responsible for your injuries, your claim always becomes more complicated.

Building a Bike Accident Injury Case

The strength of a bicycle accident claim depends on many factors, and there isn’t really one specific piece of evidence that will ensure a successful claim for compensation. An experienced bike accident lawyer understands the hard work and dedication required to prepare a successful accident lawsuit for trial, and he will use every possible resource available to him to prove you were the victim of negligence or reckless actions of another party.

Bicycle accident reconstruction experts bring to the table many valuable tools. These specialists are able to examine the evidence in a bike accident (including the bike, itself, of course) and information about the surrounding area to determine how the accident occurred. Bike accident reconstruction experts will also examine the victim’s injuries to help arrive at a step-by-step explanation of what occurred at the time of the bike accident. While some speculation comes into play in the work of bike accident experts, many of the conclusions are arrived at based on scientific evidence that is completely objective.

Injury Lawyers Work With Accident Reconstruction Experts

Your bike accident injury lawyer will spend a great deal of time working with the accident reconstruction expert, and, together, they will gain a clear picture of what happened the moment your accident happened. With the aid of security cameras and other photos from the accident scene, witness testimony, information about the weather and traffic at the time of the accident, and the police report, your bike accident attorney will be able to present the findings to insurance companies and a court of law, if your case goes before a judge and/or jury.

How the Picture Becomes Clearer

One of the most crucial pieces of evidence in a bike accident lawsuit is the road condition at the location and time of the accident. Weather, lighting, wind direction and speed, along with other environmental factors are considered.

The mechanical condition of the bicycle is recorded to see if a defect contributed to a loss of control. Bicycle parts including tires, rims, brake pads, control cables, and chains are considered wear items and must be replaced or adjusted at regular intervals. An accident reconstruction expert will check these items to determine the bicycle’s condition and how the rider’s ability to control speed and direction was affected.

The use of GPS recording devices by bicycle riders is now quite common, and with data from a bicycle-mounted computer or smart phone app, the speed, location, elevation, heart rate of the rider, and other data can be analyzed. Unlike eyewitness testimony, which is unreliable, GPS devices record speed and location as frequently as every second, providing much more reliable information.

If you have been injured in a bike accident in New York or Florida, you may have a valid legal claim for any losses you suffered. Please contact the personal injury attorneys at McPhillips, Fitzgerald & Cullum LLP, to schedule a no-cost consultation; there are statutes of limitations with all bike accident claims, so please don’t delay.

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Car Accident Claim Time Limits

Fri, 05 Jul 2019 18:01:00 GMT

Following a car accident, you have two choices: to file a car accident claim through your insurance company, or to file a personal injury lawsuit with an attorney.

A short meeting with one of the New York or Florida attorneys at McPhillips, Fitzgerald & Cullum LLP is all it takes to find answers to your questions about whether there is a basis to file a personal injury claim.

One factor to always have in mind when contemplating taking legal action is that every state has what are called “statutes of limitations” on filing legal action. Most states have a two-year statute of limitations on filing a personal injury claim following a car accident, some states have a three-year limit, and some states allow an even longer time limit.

Statute of Limitations for Car Accidents

A statute of limitations is a state law that assigns an “expiration date” to your right to have the court hear any kind of civil case related to your car accident.

Special circumstances can affect the filing deadline set by the statute of limitations. These may include factors such as:

The injured person was a minor at the time of the accident
The injured person was mentally incapacitated at the time of the accident
A governmental agency is the responsible party

It’s important to note that the statute of limitations deadline only applies to the filing of a lawsuit. The insurance claim process through your car insurance company almost always starts well before the deadline to file suit becomes a factor.

The longer you wait to meet with an experienced injury attorney following a car accident, the more you increase the risk that you may not file your claim in time. If you wait too long and the statute of limitations expires, even the best attorney will not be able to help you.

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Understanding Slip and Fall in New York

Mon, 24 Jun 2019 14:53:00 GMT

What is Premises Liability?

Under premises liability, a property or business owner has a legal duty to maintain a safe environment. This includes keeping the property free of hazards that could cause a slip and fall or trip and fall accident. But here’s where things get tricky for slip and fall victims. You must prove that the property or business owner knew, or should have known, about the hazardous condition and failed to correct it in a timely manner or failed to make a reasonable effort to correct it.

For many of the hazards that lead to a slip and fall accident, this can be difficult to prove. For instance, if you slipped on a spilled drink, it can be very difficult to prove that the drink wasn’t spilled just prior to your fall and before anyone had a chance to notice or take care of it. On the other hand, if you slipped on liquid from a leaky air conditioner or refrigeration unit, the owner may claim to not have known, but there may be evidence to the contrary such as an appointment for repair or mold overgrowth leading to serious infection proving that the problem had existed for some time before your accident.

Slip and Fall Hazards

Hazards that can lead to a slip/trip and fall accident include:

Spills that are not cleaned up in a timely manner
Floors wet from cleaning that are not properly marked or blocked off
Floors that are slick from cleaning product residues
Damaged flooring
Uneven flooring
Loose carpeting or rugs
Missing or damaged handrails
Damaged stairs
Uneven stairs
Unmarked step up or step down
Slick flooring materials
Leaking air conditioner or refrigeration units
Improper snow and ice removal
Inadequate lighting
“Low” obstacles, such as open cabinets or drawers or messes in walkways
Cords strung across walkways
Damaged sidewalks
Damaged parking lot or parking structure surfaces
Construction or repairs in progress not properly marked or blocked off

Serious Slip and Fall Injuries

Slip and fall injuries can be serious and some are fatal. If you have suffered serious slip and fall injuries, you need full and fair compensation to pay for your medical expenses, lost income and you pain and suffering. This includes the future expenses and losses that come with serious injuries and can be ongoing for the rest of your life. Slip and fall injuries can include:

Brain injury
Facial injuries
Dental injuries
Spinal cord injuries
Broken bones and fractures
Back injuries
Chemical burns
Serious infections and sepsis from filthy conditions

If you have been seriously injured or lost a loved one in a New York slip and fall accident, McPhillips Fitzgerald & Cullum LLP, can help. Please call or email us today to schedule your free initial consultation.

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How is BAC Determined in a DUI?

Wed, 05 Jun 2019 14:36:00 GMT

Breath Test

The breath test measures BAC indirectly. Obviously, it measures the alcohol in your breath. To determine by your breath how much alcohol is in your blood, it needs a sample of deep lung air. Alcohol residue in your mouth and gases that have come up from your stomach, due to burping, hiccupping or vomiting, can throw the reading off. To prevent false readings, the machine has a mechanism that helps it determine the difference between residual mouth alcohol and deep lung air. Additionally, there is an observation period before administering the test to make sure stomach vapors won’t be involved.

Obviously, both can fail. The officer may not abide by the observation period and the machine may not properly detect the difference between mouth alcohol and deep lung air.

Blood Tests

A blood test should be more accurate, but many things can still go wrong. Human error during the blood draw itself, storage and transportation of the sample can all lead to false results. The blood must be drawn by a trained and certified professional. The wipe used to clean the area cannot contain alcohol. The right amount of preservative and anticoagulants must be used.

You have the right to have your blood sample tested by and independent laboratory to look for mistakes.

Timing and Chain of Custody

Improper timing can also make the BAC wrong. If the tests are administered too late, it can mean that you were not intoxicated at the time you were driving. Additionally, your DUI attorney will look at chain of custody to determine who had access to your sample and if it may have been handled improperly.

If you have been charged with DUI, McPhillips Fitzgerald & Cullum LLP, can help. Please call or email us today to schedule your free initial consultation.

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Understanding the “Pain and Suffering” Part of Your Lawsuit

Mon, 13 May 2019 21:44:00 GMT

Examples of Pain and Suffering

The most straightforward type of pain and suffering is your physical pain and suffering. This can include the pain immediately after the injury and while you were healing. It also includes chronic pain which can be debilitating and change your life. Other examples of pain and suffering include:

Anxiety
Fear
Depression
Post-traumatic stress disorder (PTSD)
Embarrassment
Diminished quality of life
Withdrawal from social settings or friends and family
Inability to participate in activities you used to enjoy
Damage to your relationships
Inability to interact with your children as you used to

The type of pain and suffering caused by your injuries will be unique to your situation and the cause of your injuries. For instance, if you were hurt in a car crash you may be afraid to drive again which limits your ability to do the most basic things in life such as driving to work and going grocery shopping. As a result, you may experience lost earning capacity and incur expenses because you have to pay other people to run errands for you.

Another common scenario is fear of going to the doctor after medical malpractice preventing you from getting appropriate and necessary medical treatment for the rest of your life. It may not prevent your from ever going to the doctor again but can result in many health issues because you put off routine screenings and timely procedures.

Pain and suffering is one of the most complex aspects of damages in a personal injury lawsuit, but often the part that represents the most meaningful harm to injury victims. If you have been seriously hurt as a result of someone else’s negligence or wrongdoing, call McPhillips Fitzgerald & Cullum LLP, today or email us to schedule your free initial consultation.

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Can I Recover Compensation for My Car Accident in Adverse or Severe Weather?

Sun, 05 May 2019 14:38:00 GMT

However, nasty weather does not relieve drivers of their duty to drive responsibly. In fact, it requires drivers to use extra caution and to make sure that their vehicles are in proper condition to handle the weather.

Roadway defects, such as improper drainage or dangerous design, can also contribute to transient hazards leading to severe crashes during adverse weather events.

Factors Contributing to Bad Weather Accidents

Crashes and collisions occurring in hazardous weather often have significant contributing factors including driver negligence, vehicle defects and roadway defects.

Examples of driver negligence which may have contributed to your accident include:

Distracted driving
Intoxication
Driving too fast for the conditions, even within the posted speed limit
Following too closely – not allowing adequate stopping distance for the conditions
Inadequately maintained vehicle, including inadequate wipers, bald tires, or malfunctioning brake lights
Failure to use headlights when visibility is poor

Liability in Bad Weather Car Crashes

You can’t seek compensation from Mother Nature, but even when the weather played a big role in your accident, anyone who was responsible for the accident or injuries could be held liable. Depending on the cause of your accident, one or more of the following may be held liable for your accident injuries or the loss of a loved one:

Negligent driver
Auto or parts manufacturer or seller
Rental company
Government entity responsible for roadway design, construction, and/or maintenance
Property or business owner responsible for roadway design, construction, and/or maintenance, such as in parking lots and structures

Bad weather car accident claims can present unique challenges. The experienced auto accident attorneys of McPhillips Fitzgerald & Cullum LLP, are here to help. Please give us a call today or email us to schedule your free initial consultation.

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Attacked at Home: Is Your Landlord Liable?

Sun, 21 Apr 2019 14:32:00 GMT

Even if the person who assaulted you cannot pay for your injuries and losses, you still have options.

If your landlord failed to provide adequate security and that failure played a role in your being harmed, you may be able to recover compensation from your landlord under the premises liability theory of negligent security.

Landlords Have a Duty to Provide Adequate Security

Negligent security claims against landlords are complex and the burden of proof is on the plaintiff. You will have to prove not only that the landlord failed to provide adequate security but that the failure contributed to your being harmed. For instance, if the back entrance had insufficient locks, but the assailant entered through the front entrance, the lack of locks in the back would not have contributed to your injuries.

Although each situation is unique, some of the basic security measures landlords are expected to provide in apartment buildings include:

Adequate, working door and window locks
Proper building access controls
Adequate lighting in stairwells, hallways, and other common areas
Working security cameras
Adequate security personnel

Upon investigation we sometimes discover that the landlord acted responsibly by hiring a security company and that the security company is to blame for failure to live up to its duties. In that case, we would seek compensation from the security provider.

If you or someone you love has been harmed in a criminal assault on property owned or managed by another party, McPhillips Fitzgerald & Cullum LLP, may be able to help you recover the compensation you need for your injuries and losses, please call or email us today to schedule your free initial consultation.

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Hurt by a Drunk Driver: Can I Sue the Bar?

Fri, 05 Apr 2019 14:24:00 GMT

The post Hurt by a Drunk Driver: Can I Sue the Bar? appeared first on McPhillips, Fitzgerald & Cullum LLP .

Avoiding Winter Weather Truck Accidents and What to Do After a Crash

Mon, 18 Mar 2019 14:23:00 GMT

Avoiding a Truck Accident in Winter

Ideally, you will stay home and off the road in dangerous driving weather, but realistically that is not always possible. To avoid a crash when you must get out and drive:

Drive slowly
Leave extra distance between your vehicle and large trucks
Be aware of your surroundings and the behavior of other vehicles
Keep an eye out as far down the road as possible, so you have plenty of time to react to vehicles ahead losing control, stopping suddenly, and dumping snow and spray
Keep your own vehicle as free from snow, ice and grime as possible

What to Do After a Winter Truck Accident

If you are involved in a winter truck accident, the first thing to keep in mind is safety. If possible, get your vehicle out of the flow of traffic. Stay inside your vehicle. Do not get out where you may be struck as a pedestrian by other vehicles losing control. Call for help. Once help arrives and you can safely do so:

Gather evidence at the scene. This includes the name of the truck driver and all identifying information on the truck itself. You may see numbers in multiple places including license plate’s and painted on the tractor and trailer. Write it all down.
Collect license, registration and insurance information for the truck driver and any other drivers involved.
Gather names and contract information for witnesses.
Take photos of everything including damages to all vehicles, all injuries, and anything that may be related to the accident.
Do not post any of the photos or any other information to social media.
Seek immediate medical attention. Get checked out even if you do not feel that you are injured.
Report the accident to your insurance carrier.
Contact an experienced truck accident attorney.
Do not discuss the accident with the truck driver’s insurance company without talking to your lawyer first.
Do not give your insurance company a signed or recorded statement without talking to your attorney first.

To learn more about what to do to protect your right to full compensation after a truck accident, please call or contact us today.

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Types of Defective Product Claims

Mon, 11 Mar 2019 16:37:00 GMT

When people are injured by a defective product, however, the injury tends to be serious especially when the defective product is a motor vehicle or something that is ingested like food or a drug or something that is implanted into the body like a medical device.

When defective products cause injury and death, the families of the victims often seek legal recourse in the form of a product liability personal injury claim . Though no money can bring the loved one back or return an injured person to their pre-injury health, money does help with the losses suffered by the victim and his or her family.

Expectation of Safety

Consumers buy millions of products every day with the expectation that those products will work correctly and not harm them in any way when used properly.

However, when a defective product does cause an injury, determining who is liable can be a complicated matter. Manufacturers, marketers, retailers, designers, and others who play a role in getting products to consumers may bear some part of the responsibility. Product liability law allows injured consumers to seek compensation from those whose negligence or wrongful actions played a role in the production of a defective product and in getting that product into the unsuspecting hands of the victim.

Three Inherent Defects

In order for you to have a viable product liability claim, our attorneys must prove the product was defective and that the defect caused a serious injury or death. There are three ways a product can be defective:

Products can be defectively manufactured
Products can be defectively designed
Products can lack adequate instructions or warnings

An example of the first type of defect—manufacturing defect—would be a car that has a crack in its frame and leads to a horrible accident. While the car was designed properly, one specific flaw in the manufacture of that car can result in an accident that causes serious personal injury or death. Alternatively, the defect may exacerbate the injuries from a motor vehicle crash.

An example of a defectively designed product would be certain models of SUV that are top heavy and thus prone to “rollover” accidents. Something in the design of the automobile is inherently flawed, and it’s not just one specific car that has a defect. All vehicles made under defectively designed model produced in a certain timeframe have the very same flaw.

An example of a product lacking adequate warnings or instructions would be an over-the-counter medication whose label failed to include a warning about the serious side effects that could occur if it is used in combination with certain other medications.

If you or a loved one has been harmed or killed by a defective product and you live in New York or Florida , please contact the product liability attorneys at McPhillips, Fitzgerald & Cullum LLP to schedule a no-cost consultation. There are statutes of limitations on all personal injury and product liability claims and those time limits vary in each state, so please don’t delay.

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Do Older Truck Drivers Cause More Accidents?

Thu, 21 Feb 2019 22:50:00 GMT

The grueling lifestyle has led to fewer new drivers joining the industry. This is beginning to create a truck driver shortage that is greater than ever before, trucking companies are widening their scope of viable applicants to fill the many open positions for semi-truck drivers currently in the United States. A wider scope often means older applicants, and a truck driver shortage sometimes means trucking companies have to hire less-than-ideal candidates to fill so many open positions.

By hiring retired truck drivers or retaining drivers past their prime, trucking companies hope to get loads to their destinations in a timely and efficient manner. But are older truck drivers able to handle the rigorous demands of the job that is becoming more and more challenging? Evidence shows that older truck drivers may not be physically equipped to handle the tough demands of a commercial truck-driving job and that older 18-wheeler drivers may contribute to the high number of truck accidents in the United States.

How Age Affects Truck-Driving Ability

There are a number of health issues common in older drivers that may contribute to truck accidents:

Cognitive disorders like Alzheimer’s and dementia : Cognitive disorders can interfere with a driver’s mental acuity. An older driver may become distracted while driving more easily than a younger driver, and he may even have trouble remembering routes he’s driven many times in the past. Truck drivers must be mentally sharp and alert at all times in order to drive safely.
Arthritis and joint pain : Sitting behind the wheel of a semi-truck for several hours a day can cause serious pain in young, healthy individuals. Older truck drivers who have arthritic joints may be in constant pain, and their ability to react and move quickly could be impacted.
Vision and hearing loss: As we age, many of us experience hearing and vision loss. Older truck drivers may not even realize they’re hearing is not as good as it used to be, and they may not let employers know their vision has declined. Poor hearing and vision can certainly contribute to catastrophic truck accidents.
Cardiac and neurological events while driving: We all know that as we age our chances of heart attacks and strokes increase. Having a heart attack or stroke while driving a commercial 18-wheeler can lead to catastrophic truck accidents resulting in serious injury and death.

The Insurance Institute for Highway Safety (IIHS) reports that 3,986 people died in large truck crashes in 2016 with 17% of those deaths being truck drivers. Of the almost 4,000 people killed in truck accidents in 2016, 66% were in cars and other passenger vehicles and 16% were pedestrians, bicyclists, or motorcyclists. The number of people who died in large truck crashes that year was 27% higher than in 2009, when it was the lowest its ever been since the collection of fatal crash data began over 40 years ago.

If you or a loved one has been in a truck accident, please contact us to schedule a no-cost consultation.

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Cognitive Tasks While Driving May Not Distract Drivers

Tue, 05 Feb 2019 22:42:00 GMT

Distracted Driving Study

According to research conducted by a team at the Virginia Tech Transportation Institute (VTTI), using hands-free technology to make calls and perform a variety of other tasks while still keeping eyes on the road and hands on the steering wheel does not increase the risk for being in a car accident. While “visual” and “manual” demands, such as texting, searching your contacts list, checking email, using GPS, or adjusting the music substantially increase the risk of a car crash, “The primarily cognitive secondary task of talking on a hands-free device does not appear to have any detrimental effects,” according to the Director of VTTI, Tom Dingus, who was also the principal investigator in the recent study.

The research team at VTTI looked to determine the extent to which crash risk could be affected by primarily mental behaviors, known as “cognitive distractions”—ones that occupy the mind but don’t require the driver to look away from the road ahead or remove his hands from the steering wheel. Having a conversation with a passenger in the car, singing to music in the car, making a hands-free call, or sending a hands-free text are all examples of cognitive distractions. The study showed no increase of car crash risk when drivers performed these cognitive tasks.

By analyzing video footage of thousands of drivers performing different tasks while driving and sensor data from the Second Strategic Highway Research Program, researchers were able to closely monitor the behavior of drivers and their reaction times. Drivers who used a hand-held device increased their crash risk by 2 to 3.5 times compared to “model” drivers, which were defined as being alert, attentive, and sober. The research, which is a first of its kind, showed clearly and consistently that activities requiring a driver to take his eyes off the road ahead, such as texting or dialing on a handheld phone, pose the greatest risk for car crashes.

The Epidemic of Distracted Driving

According to the National Highway Traffic Safety Administration (NHTSA), in 2016 alone, over 3,400 people died due to distracted driving, and another 391,000 were seriously injured because of distracted driving. On any given day, during daylight hours, over 480,000 drivers are using their cell phones while driving, and that number is only expected to increase as more and more people, especially teenagers, depend on their cell phones for activities like paying bills, ordering food, communicating with their children’s schools, and making appointments. While 47 states, Washington D.C., Puerto Rico, Guam, and the U.S. Virgin Islands ban texting while driving, many states are in the process of revising their laws to include “distracted driving” as a primary offense.

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Speeding Major Contributor to Traffic Accident Deaths

Sun, 27 Jan 2019 21:45:00 GMT

According to the National Highway Traffic Safety Administration (NHTSA), in 2017, speeding killed 9,717 people, accounting for more than a quarter (26%) of all traffic fatalities in that 12-month period. In the last 20 years, speeding has been involved in approximately one-third of all motor vehicle fatalities.

Speeding does much more than put other people’s lives in danger. It has far-ranging consequences that many people may not even realize:

Speeding allows for greater potential for loss of control of your vehicle
Speeding reduces the effectiveness of certain vehicle protection equipment
Speeding increases the necessary stopping distance after the driver perceives something in his path
Speeding makes crash impact more powerful, which leads to more serious injuries and increases the likelihood of a fatality in a collision
Speeding results in an increase in fuel consumption

Why Are Drivers Speeding More Often than Ever Before?

Are more advanced and more numerous safety features on modern cars making drivers more confident that they can speed safely? Advanced safety technology like forward collision warning systems, blind spot monitoring systems, lane departure warning systems, and advanced braking systems are not intended to allow drivers to be “present” behind the wheel of the car. They are simply supplements to a driver’s skillful driving and good decision making while operating a motor vehicle.

Why Do People Speed?

The NHTSA has determined a number of factors that have resulted in more aggressive driving:

Traffic congestion: Drivers are speeding to avoid traffic congested areas and are weaving in and out of lanes trying to avoid bumper-to-bumper traffic situations.
Running late: Being late for work, meetings, school functions, and social engagements lead people to speed from destination to the next. Our busy lives are no excuse for endangering the lives of others, ourselves, and the passengers in our vehicles.
Blatant disregard for the rules of the road.

What is Being Done to Curtail Speeding?

Many of us have received tickets in the mail thanks to cameras at stop lights, in construction barrels alongside of the road, and by law enforcement officers using more advanced tools to measure our driving speed. Many cities and counties across the country even have unoccupied police cars posted at high speed areas on roadways or even uniformed mannequins to get drivers to slow down. You will also see road signs on major interstates asking you to call a three digit number to report reckless drivers, and fines and other penalties for speeding are becoming much more serious. Advanced technology to catch speeders is being created on a regular basis because it’s a dangerous problem that’s getting out of hand.

A study conducted by the National Transportation Safety Board (NTSB) examined U.S. passenger vehicle crashes from 2005 to 2014 and found that speeding was the main factor in 112,580 deaths, or about 31% of all traffic fatalities. During that same nine-year period, almost the exact number of people—112,948—were killed by drunk drivers.

As more and more cities and counties take actions to curtail speeding, we can do our part, too, by slowing down, taking note of posted speed limit signs, and leaving early enough for work and school that we don’t feel the need to speed to get to our destination on time.

If you received a traffic ticket for speeding, we can represent you.

Alternatively, if you were injured or a loved one killed by a driver who was ticketed for speeding or reckless driving, our attorneys handle personal injury claims.

Please call today for a confidential claim evaluation.

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Is a Personal Injury Lawsuit Worth It?

Wed, 02 Jan 2019 15:51:00 GMT

Hiring a Personal Injury Lawyer When You’re Already in the Hole

We’ll start with the question that stops most people before they even bother to ask. What’s it going to cost to hire a lawyer?

It won’t cost you anything to come in and see if your case is worth pursuing. At McPhillips Fitzgerald & Cullum LLP , your initial consultation is free of charge. Then, if you choose to move forward with us and we accept your personal injury case, we will represent you on a contingency fee basis. That means we do not ask you to pay anything up-front and we only get paid if you get paid. There are no attorneys’ fees unless you win money. If you do, our fee is a set percentage of your monetary recovery, rather than an hourly rate.

Demanding Enough Money to Pay for the Lifetime Costs of Your Injuries

Most injury victims and their families vastly underestimate the long-term costs of their injuries. Serious injuries can have lifetime costs in the millions. What goes into these costs? The initial medical care is only a small portion. Permanent injuries can mean a lifetime of medical care, and over time you may need medical treatment that is more extensive and expensive due to secondary conditions.

You may have an ongoing need for medical supplies and equipment. You may have to hire someone to care for you in your home and hire some else to do the basic things you used to do, such as cooking, cleaning, home maintenance, shopping, your basic home accounting and bill-paying tasks, and/or providing transportation for children and other dependents. Depending on the nature of your injuries, these needs may be immediate and short-term, or they may develop over time.

You only get one chance to demand the full amount of money you will need for the rest of your life. Our experienced personal injury attorneys work with medical experts, economists and other experts to determine how much money we must demand on your behalf and to prove that you really need that much.

Getting Paid for Your Expenses and Lost Income

Economic damages are your existing and future costs and losses created by your injury. These are the losses that can be directly tied to a dollar amount, such as:

Existing and future medical expenses, including travel required for medical treatment
Rehabilitation and therapy
Medication and medical supplies
Medical equipment
Special equipment and home modifications to accommodate disability
Transportation needs such as a wheelchair van or another type of adaptive vehicle
Prosthetics
Home health care
Custodial care
End-of-life care
Non-medical household services
Existing and future lost income
Lost earning capacity

Getting Paid for Your Suffering and the Things You May Never Be Able to Do Again

Your pain and suffering as well as missing out on the things in life you used to enjoy or would have enjoyed in the future all have value too. Through a personal injury lawsuit, you may be able to recover compensation for non-economic damages such as:

Physical pain and suffering
Mental anguish
Diminished quality of life
Loss of enjoyment of life
Disability
Disfigurement
Loss of consorting – for your spouse

To schedule your free consultation and learn more, please call or contact us today.

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Do Landlords Who Don’t Allow Pets Have to Allow Service Dogs and Emotional Support Animals?

Fri, 28 Dec 2018 17:25:00 GMT

Medical Requirement

Under the FHA, a landlord can require documentation showing that you do have a disability and that you need your assistance animal to help you with some aspect of your disability. A letter from your doctor is adequate. Landlords are not allowed to request your medical records or to speak to your health care professional directly.

Animal Documentation

No special training or certification is required for your animal to qualify as an assistance animal. Landlords cannot require or even request certification. However, landlords can require documentation showing that your service or assistance animal has the legally required vaccinations.

Service Animals and Assistance Animals are Not Pets

Assistance animals and service animals are not pets. Landlords that charge a pet deposit and/or fees cannot apply these charges to service or assistance animals. Animal owners are responsible for any damage caused by the animal.

Owners are also responsible for cleaning up waste and keeping their service and assistance animals under control. Landlords are not required to tolerate tenants who fail to do so. Letting them runs loose or bark excessively can be grounds for eviction, just as with pets.

Landlords cannot impose breed, size or weight limitations on assistance animals. Local breed bans do not apply to service animals or assistance animals and are not an excuse for landlords discriminate based on breed. Nor do breed or size constitute safety threats. Safety threats can only be based on the individual animal’s behavior and history.

Service animals have more rights than assistance animals. ESAs are assistance animals, not service animals, but landlords need to be aware that there are also psychiatric service animals. Landlords must allow service animals in public areas, such as pools or community rooms, but do not have to allow assistance animals in these areas.

Why Landlords and Tenants Need Legal Advice

There are multiple, overlapping laws that apply to the subject of service animals and assistance animals in housing. Neither landlords nor tenants should try to figure it out on their own. Many of these laws appear to contradict each other and, as with all things legal, there are some exceptions to the basic requirements.

As a tenant, you need to know your rights and if the housing you are in or trying to move into is covered. For example, the FHA covers most housing, but there are a few exceptions including:

Owner-occupied buildings with no more than four units
Single-family housing sold or rented without the use of a broker if the private individual owner does not own more than three such single-family homes at one time
Housing operated by religious organizations and private clubs that limit occupancy to members

Also, as a tenant you need to understand your responsibilities and the limitations that apply to your rights. For instance, assistance animals do not have all of the rights granted to service animals, even though landlords must permit them in your home. And, landlords are not required to do things like build a fence specifically for you and your service animal. As the owner, you are still responsible for cleaning up after your animal and making sure that your animal behaves properly, even if it is a service dog or assistance animal.

If you are a landlord, you need to consult with an attorney to avoid running afoul of the many federal, state and local discrimination laws, and to understand when you can or cannot be held liable if a tenant’s service or assistance animal hurts someone. Don’t assume that you can turn a tenant away because you fall under an exception to one or more of the laws that require landlords to allow these animals. You may still be required to do so by another law. The most common mistake is understanding your rights and responsibilities under the ADA and not realizing that you must also comply with the FHA.o learn more about your rights and responsibilities regarding service animals and assistance animals, as a tenant or landlord, please call or contact us today and schedule your confidential initial consultation.

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What Counts as a Small Estate in New York Probate Court? You May be Pleasantly Surprised.

Mon, 17 Dec 2018 16:21:00 GMT

Jointly Owned Property

Surviving spouses are often relieved to discover that jointly owned property does not count toward the $30,000 threshold. Only solely owned property counts. Jointly owned homes and real estate and cars are not part of the $30,000. And that doesn’t just apply to property shared by married couples. For instance, a business co-owned by others, family or not, will not count.

Bank Accounts, Retirement Accounts, Life Insurance and Other Assets

Assets with named beneficiaries do not count. Jointly held accounts don’t count either. So, a joint bank account is automatically excluded and even an account that was individually held is excluded if there is a named beneficiary. Life insurance policies, bank accounts, retirement accounts and other types of accounts can have named beneficiaries, sometimes referred to as “pay on death”. But, be aware that in some cases no beneficiary has been named. If there is no named beneficiary, the estate is the beneficiary and that means it does count toward the value of the estate.

Stocks and bonds can be also registered with named beneficiaries, too, so that they automatically transfer to the beneficiary and do not count toward the $30,000 limit.

Living Trusts

A living trust is an estate planning tool specifically used to avoid probate. While things like owning property jointly and naming beneficiaries for bank accounts and life insurance policies are often naturally occurring events, creating a living trust involving intentional planning. And, depending on the size and complexity of the estate, it can be complicated. Basically, a living trust can be drafted to scoop up anything that doesn’t fall into the categories above, to keep the value of the estate below $30,000.

Gross Value

One thing you need to understand is that the $30,000 threshold is gross value. That means, you can’t subtract the amount owned on a mortgage and things like liens. Obviously, this can have a significant impact on calculating the value of the estate.

Notifying Heirs

The small estate process does not bypass the step of notifying heirs. All of the heirs must be notified, and they have to sign waivers agreeing to allow the estate to go through the simplified process. Heirs are referred to as distributes and must be named in your small estate affidavit petition.

A small estate can go through a simplified process, in New York, but there are still important steps to take, and the probate court decides whether the estate really qualifies. To learn more about small estates and probate, please call or contact us today to schedule your confidential consultation.

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