The importance of protecting civil rights is emphasized daily, yet few individuals fully comprehend what this means. Civil rights grant us the right to due process of law and enable us to exercise our freedoms of speech, religion, assembly, and freedom from discrimination. However, when these civil rights are violated, it is critical to seek assistance from an experienced civil rights lawyer to defend your rights. The issue for many individuals is recognizing the instances when their civil rights have been infringed upon.
Civil rights are fundamental in fostering a just and equitable society. Despite significant advancements, discrimination and other civil rights violations persist across the United States. Navigating the legal system and knowing how to respond can be daunting for victims of these violations.
This is where civil rights lawyers play a crucial role. These legal experts specialize in defending the rights of those who have been the targets of discrimination or other civil rights violations. With their experience and expertise, they can guide individuals through the legal process, advocate for their rights, and seek justice. This blog will explore the role of civil rights lawyers, the types of cases they handle, and how to recognize and respond to civil rights violations.
Unlawful Search and Seizures
When the average citizen comes into contact with a law enforcement official, that citizen assumes the official knows what they are doing and is operating within their legal boundaries. But when you have a confrontation with a law enforcement official, that official needs permission or very good reason to search you and seize any of your property. If you were exposed to a search and seizure that did not involve showing you a warrant or any other type of document condoning the search, then call a civil rights attorney immediately.
Unnecessary and Potentially Cruel Punishment
If a police officer pulls you over for speeding and the incident turns into a physical altercation without your provocation, then your civil rights could have been violated. While this generally applies to situations with law enforcement, it can also potentially apply to a job or school situation as well.
You should never accept every action taken in the workplace as simply being a part of the process. If you were passed over for a promotion because of your age, religion, gender, or race, then you need to contact a civil rights attorney immediately. Any situation in your workplace where you feel you were the victim of discrimination should motivate you to contact a civil rights attorney.
Harassment by a Public Official
Sometimes, when people speak out in their community against public officials, they find themselves scrutinized by their local government. For example, a person who speaks out against the local tax collector could suddenly find their property taxes increased without explanation. Your civil rights allow you to live and work in your community without fear of harassment by public officials. If you feel you are being unfairly targeted by local government, then you need to speak to a civil rights attorney.
It is important to remember that you do not need to be 100 percent convinced that you have a good case to talk to a civil rights attorney. It is expected that most people do not understand the laws regarding civil rights, but most can tell when they have been treated unfairly. Even if you are unsure as to whether or not your case requires a civil rights attorney, you should still talk to a qualified professional about your case to get the information you need.
Wrongful Termination: What You Need to Know before Suing Your Employer
Experiencing job loss can be an incredibly distressing event, leaving you feeling embarrassed, shocked, and helpless, particularly when facing financial obligations and monthly bills. Fortunately, workers in Staten Island are protected by wrongful termination laws. Despite this, wrongful termination still occurs more often than one might think, and can happen to anyone, regardless of their work performance or dedication.
If you find yourself in this situation, it is important to understand your legal rights and options to seek justice. In this blog, we'll guide you through what you need to know about filing a wrongful termination case against your former employer.
Virtually, all states in the United States follow the At-will Doctrine of employment. The doctrine states that an employer can terminate the employee from the job at any time, for any reason without the fear of legal consequences.
Exceptions to the at-will doctrine
Losing your job when there is an implied contract between you and your employer is enough ground to file wrongful termination lawsuit. When your employer tells you the rights and duties of employment, which is written on the company's handbook, the employer has implied legal duty not to terminated employees as long as they comply with their duties as set in the handbook.
Terminating your job because you refused to break a law, lie under oath or refused to discriminate job applicant based on creed, age, race or gender are legal grounds for a wrongful termination lawsuit.
Written contract of employment
This applies to the upper management and executives. When an employer offer you a job based on contract, you and your employer must abide by the terms of the employment contract. If you are fired in violation of the written contract terms, then you will have a valid wrongful dismissal case.
Covenant of good faith
Job termination when there is covenant of good faith is another legal ground for a wrongful dismissal lawsuit. It is similar to an implied contract, but it goes further. A covenant of good faith exists when you perform your duties properly, and despite the performance, the employer wrongfully terminates your employment. This termination is often underhanded, sneaky or selfish and violates the good faith relationship between you and your employer.
This is a situation where your employer alters a specific working conditions and environment to make it unbearable for reasonable employment standards. As a result, you have no choice but to resign. The resignation under the intolerable conditions is wrongful dismissal, creating room to sue the employer. However, the exception will not apply if you knew of the working conditions before starting the work and later complain about working environment or conditions.
Equal Employment Opportunity Commission (EEOC)
If you believe your employer wrongfully terminated your employment, the lawsuit against your former employer is considered a breach of contract, whether implied or written. You will have two options to claim for compensation: proceed under a formal written complaint to EEOC and then file a separate lawsuit against the employer breach of your employment contract.
Hire an Experienced Personal Injury Attorney
Even though you can file wrongful termination and litigate it without representation, it is always important to hire an experienced personal injury lawyer. The fact that the EEOC is known for hesitating to accept wrongful termination cases, you need to do thorough investigation, which is only possible through a skilled personal injury lawyer. Regardless of the size of the employer's company, you should know that the employer will always fight hard not compensate you.
The Benefit of a Good Criminal Defense Attorney
f you or someone you know has been accused of a crime, you understand how overwhelming and stressful the situation can be. Whether you are facing charges for a minor offense or a serious felony, the outcome of your case can have significant consequences on your future. That is why it's essential to have a skilled criminal defense attorney by your side to protect your rights, defend your case, and help you navigate the legal system.
A good criminal defense attorney can make a substantial difference in the outcome of your case. They have extensive knowledge of the law, experience in negotiating with prosecutors, and the ability to create a solid defense strategy that can help reduce charges, minimize penalties, or even get your case dismissed.
In this blog, we will explore the various benefits of having a good criminal defense attorney on your side. From protecting your constitutional rights to providing emotional support during a difficult time, a criminal defense lawyer can offer invaluable assistance throughout the legal process. Whether you are facing charges or just interested in learning more about criminal defense, this blog will provide you with valuable insights on why having a skilled attorney is critical for your case's success.
A wealth of experience of the legal system
Criminal defense attorneys have been handling cases similar to yours for years, and they know just the right process that will yield results. Envision your attorney are your greatest weapon to fighting this case, and their knowledge and experience will help give you an edge.
Typically, your attorney will take note of the facts; while evaluating the evidence and seeking for loopholes to exploit. If you know nothing about the legal system, you wouldn't know any of these loopholes even when they stare at you in the face.
They protect you from hefty penalties
Your persecutor aims to come hard at you, so hard that you will have no option but to lose and surrender. However, your attorney will be there to neutralize every tactic they throw at you. A criminal attorney will be your shield - your protector.
If you have been falsely accused, getting the case thrown out becomes easier for your attorney to handle. But when found guilty with no way out, the attorney will ensure you get a fair penalty, probably a reduced sentence or fine.
They have the tools
Criminal defense attorneys know the ideal tool or resource to use depending on the case at hand. Defending you in court is not all about court appearances. Your attorney will go out in the field, probably hire more hands to help gather evidence and witnesses, while cross-examining and formulating a formidable strategy your opponent will never see coming.
The benefits of a good criminal defense attorney cannot be overemphasized. Without them, you’re like one running to war with no weapons - naked, vulnerable, and at the mercy of your persecutor.
But when you work with a criminal defense attorney with years of experience and study, you turn the tides in your favor. They will implore their resources and ensure you get the best possible outcome.
We’ve been doing this without hurdles, and we’ll surely help protect your best interest. Go ahead and give us a call, or fill our contact form.
Tips For Managing Your Real Estate Development LLC
Are you contemplating the formation of a real estate development LLC, or have you already taken the leap but are struggling to manage it effectively? While real estate development can be a highly profitable and fulfilling enterprise, it necessitates meticulous planning, astute management, and flawless execution to achieve success.
Frequently, investors come together to establish an LLC and engage in various development ventures. A crucial aspect of being in a partnership is the formulation of a robust agreement that governs the LLC's decision-making processes. However, some investors may skimp on the particulars and draft an LLC agreement that fails to meet the partnership's requirements. Before signing the LLC agreement that sets in motion your new investment firm, it is imperative to address these crucial details that will significantly impact the decision-making process.
Distribution Of Proceeds
Before you and your partners even drive over to the lawyer's office to draft the agreement, you need to sit down and determine how money will be distributed. It is not at all odd to have some partners put up more cash than the others to get the venture started, but it should never be assumed that everyone is on that same page. Before you sit in front of the lawyer to make up your agreement, you should make sure that everyone is in agreement on the distribution of proceeds.
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In an industry that moves at the pace that the real estate industry moves at, it is important to determine who will be making the decisions for your LLC. Is there going to be a managing partner in charge of decisions, or does everyone want a say?
A common arrangement for these kinds of investment companies is to have one person who is knowledgeable in real estate make the day to day decisions, and then require a majority vote on larger issues. You and your partners will have to work out a management structure for your LLC that gets everyone involved at a level where they are comfortable and competent.
Who will be authorized to sign agreements on behalf of the LLC? Will there be more than one signature required? If so, how many? You will need to determine who is going to sign everything form paychecks to vendor payments if you want your LLC to be successful.
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What will the operational responsibility be for each member of the LLC? This part of the agreement is critical because it will decide how the day to day operations will be run. By determining operational responsibility, you will also be locking partners into devoting a certain amount of time into the LLC on a regular basis. It is important to be realistic with this part of the agreement, and to be sure to get everyone's input.
Your LLC may get off to a great start, but then everything grinds to a halt when one of the partners passes away. In any good business plan, succession planning is critical. When it comes to a business like real estate investing where making good decisions is part of the game, it is important for every partner to know what will happen if some kind of catastrophe occurs to any member of the group.
A real estate investment LLC firm can be exciting, but it is also a tremendous amount of responsibility. Before you start talking to a lawyer about an LLC, be sure that you and your partners know exactly what you expect from the business and from each other.
Can I Claim for An Allergic Reaction Injury?
[et_pb_section fb_built="1" admin_label="section" _builder_version="3.22"][et_pb_row admin_label="row" _builder_version="3.25" background_size="initial" background_position="top_left" background_repeat="repeat"][et_pb_column type="4_4" _builder_version="3.25" custom_padding="|||" custom_padding__hover="|||"][et_pb_text admin_label="Text" _builder_version="4.9.2" background_size="initial" background_position="top_left" background_repeat="repeat" hover_enabled="0" sticky_enabled="0"]Most people take precautions to ensure they avoid any allergy triggers. But accidents can happen. According to Food Allergy Research and Education, over 200,000 people need emergency medical treatment for allergic reactions every year.
By law, companies must disclose common allergens in food items, as well as any potential for cross-contamination.
But there are situations where you or a loved one may encounter an unexpected allergen. If you or a loved one has suffered a severe allergic reaction, you may be able to file a claim for an allergic reaction injury.
What Types of Allergic Reactions Can I Claim?
Not all allergic reactions warrant a lawsuit. If you have hives from coming into contact with an allergen but don’t require medical treatment, it’s unlikely that you qualify for compensation.
However, if you have incurred medical costs, have taken time away from work, or suffered other personal damages as a result of an allergic reaction injury, you may be entitled to a settlement.
Most severe allergic reactions occur when you ingest something you are allergic to, or come into contact with it by touch or breathing it in. Therefore, most allergic reaction injury lawsuits involve food allergies.
When Can I File an Allergic Reaction Lawsuit in New York?
If the packaging labels disclose all ingredients and possible cross-contaminants on the bag of frozen stir fry you bought at the store, the company has done its part in identifying the risks to consumers.
However, if a company, restaurant, food vendor, or other responsible party does not disclose ingredients and common allergens in the food or product, the company may be deemed negligent. If the responsible party discloses ingredients but allergens are then found in the food, potentially through cross-contamination in the kitchen, they can also be held liable.
In other words, their breach of duty has caused you or a loved one harm and failed to warn you of the potential danger, thereby entitling you to damages for your suffering. In this case, you should seek legal counsel for an allergic reaction injury.
Sgarlato & Sgarlato Can Help
If you or a loved one has been the victim of an allergic reaction injury, the experienced Staten Island attorneys at Sgarlato & Sgarlato can get you the compensation you deserve. Call us at (347) 801-8761 or contact us online to request a consultation.[/et_pb_text][/et_pb_column][/et_pb_row][/et_pb_section]
No-Fault Laws and Personal Injury
No-Fault Laws and Personal Injury Lawsuits: Can You File a Lawsuit in a No-Fault State?
If you were in a car accident and are contemplating a personal injury lawsuit -or in the process of filing one -you know how lengthy and stressful it is. Couple the stress of a personal injury lawsuit with trying to recover, and you almost certainly will need professional help from a lawyer.
Car accident victims in New York face another challenge, too. No-fault laws make personal injury lawsuits even more complicated.
New Yorkers should consult with legal counsel if they're unsure if they can file a personal injury lawsuit or not.
What Are No-Fault Laws?
No-fault laws apply in twelve states: Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah, plus the District of Columbia. The laws help prevent personal injury lawsuits by requiring drivers to have personal injury protection (PIP) as part of their vehicle insurance policy.
How Do No-Fault Laws Affect Your Personal Injury Lawsuit?
Accident victims in no-fault states must use PIP coverage to file a claim with your insurance company. The insurance company then reimburses you for medical costs up to a certain threshold. Does that mean you can't file a lawsuit against someone who caused an accident?
However, it does make it more difficult.Because no-fault laws intentionally restrict your ability to file a personal injury lawsuit after an accident, there are stricter regulations for suing the other driver. Even if you're seriously injured and incur high medical bills—usually severalthousand dollars—you still have to meet other criteria.
When Can You File a Personal Injury Lawsuit?
If your injury results in any of the following, you're more likely to be able to file against the other person, as opposed to only getting reimbursed by your insurance company:
Permanent limitation of organ or limb use
Significant body function limitation
Disability lasting 90 days or more
If you think you meet these criteria, seek legal support. A personal injury lawyer can guide you through the process of compiling a lawsuit and gathering evidence. They can also help you get reimbursement for any medical costs your insurance may not cover.
Understanding Why Your Social Security Disability Claim Was Denied
The circumstances that lead you to seeking Social Security Disability support can be difficult to endure. Unfortunately, while your claim can lead to valuable aid, the process of submitting for disability benefits can be confusing, or difficult. Roughly thirty percent of the Social Security Disability claims that are received pass the initial evaluation without being rejected. Denial can be scary and frustrating, and it can happen at a particularly difficult time. Having legal support while making your claim can help you navigate this experience, and receive your approval with less difficulty.
You Can Appeal a Denial of Your Disability Claim
If you have your claim denied, you do have the ability to appeal. In fact, appealing can be a more successful strategy than trying to file a new claim entirely. A record of past denied claims can make your active claim appear suspect, and hurt your ability to pursue a matter. Appealing can keep your claim open, and give you the opportunity to address whatever shortcoming or shortcomings hurt your initial effort.
You May Require Better Medical Records to Move Your Claim Forward
Your claim for disability benefits should be backed with a clear medical reason that helps make your situation clear to reviewers. This means more than just establishing that you have a history of health troubles, or a particular injury. In your records. In your documents, you should be able to show that your ability to keep up with the demands of your job has been compromised by your medical situation. Your primary care physician can share records that prove you had to miss work to make an appointment, or show a recommendation to modify your schedule. Talking to your doctor about the way your health condition is interfering with your professional life can be important, as it can lead to pertinent documentation of work-related details.
Keep Up With Your Treatment
Your record should show that you are keeping up with the treatment that has been recommended to you. Evidence that suggests otherwise can result in your claim being denied. If you find it hard to manage your treatment demands, address this with your physician, this is something you can address during your appeal. Professional legal counsel can help you with this, as it may be difficult to prove that your injury is as serious as you claim when you are ignoring recommended steps towards recovery.
Make Sure You Follow the Application Process
The circumstances of your injury or illness can affect your experience with receiving disability benefits. If you are not providing documents that are being requested, or attending required examinations, it can lead to a denial. Of course, it can feel overwhelming dealing with your health while also fielding requests for information. Legal counsel can make this difficult time less stressful, as you have someone with experience in Social Security Disability claims guiding you and advocating for you. As a result, this potentially overwhelming application process can be properly handled, and you can receive the compensation that you require!
Why You Should Never Accept a Pre - Medical Offer Without a Solicitors Advice
If you talk to people who have been involved in auto accidents or other personal injury situations, many of them will confess that they should have waited before signing the settlement offer from the insurance company. For the most part, insurance companies are interested in preserving their bottom lines as opposed to helping people to get well. That is why it is important to have an attorney take care of your case when it comes to the insurance company.
How The Process Works
One of the first things people are taught to do in the aftermath of an accident is to make a claim with their insurance company. With the information the claimant provides, the insurance company does its best to offer a financial settlement designed to help the claimant to recover from their injuries. In most cases, without asking advice from anyone, the claimant will sign the settlement and take their check.
The Problems In The Process
A claimant assumes that the insurance company has done research into their case when putting together a settlement number, but that is not the case. The insurance company is going to offer the smallest possible settlement to the claimant, and the claim is considered closed once the claimant accepts that settlement. Not even a court of law can force the insurance company to re-open the case once a settlement is accepted.
Neither you nor the insurance company has looked into the extent of your injuries, and neither of you has done any research on how much future medical expenses could cost. Part of the settlement is reimbursing you for medical expenses and lost wages, which are extremely easy calculations to make. But when it comes to any future potential medical issues, you could be on your own if you signed a settlement that does not offer the full coverage you need.
The Right Approach
After you get looked at be emergency medical personnel following your accident, your next step is to hire an experienced attorney. You will want an attorney who has had experience in handing your type of accident and, if possible, has experience in dealing with your specific insurance company. Your attorney will file your injury claim and then negotiate the settlement based on your real needs. If it becomes necessary, your attorney is also prepared to take the insurance company to court.
It is not in your best interests to assume that your insurance company wants what is best for you. When it comes to these types of negotiations, you should always leave them to an experienced attorney who knows who to quantify your injuries and present your case to the insurance company. If you settle to early on your injury claim, you could wind up regretting it for the rest of your life.
Tainted Food Claims - Legal Strategies
Lawsuits that derive from tainted food have many layers of legalities to clear before the plaintiff can find out if their claim is valid or not. Some states have made it easy to bring a claim against a food manufacturer, while other states put a tremendous burden of proof on the plaintiff. If you intend on bringing a claim against a food company for a tainted product, you are going to need an experienced attorney by your side.
Product Liability Laws
It can be a relief to plaintiffs to know that most states have extremely rigid product liability laws that allow you to claim that you were the victim of contaminated food without having to show that the food manufacturer was specifically negligent in your case. If you can tie your food distress directly to a manufacturer, then it is the responsibility of that manufacturer to prove that your food had been treated properly throughout the entire process.
Of course, there is a certain burden of proof the plaintiff has to prove that the contamination came from the food manufacturer and was not a hoax. For example, a mouse found in an order of chili that does not show any signs of being cooked in any way was added by the plaintiff and is not considered contaminated. The manufacturers are liable based on laws, but fraud could still be an issue for a plaintiff who is lying.
Implied Food Warranties
The food industry is different in that most states have implied warranties for food products that cover all food products produced and sold. Many food manufacturers add their own quality guarantees that can backfire if the contamination is proven to be a violation of those additional guarantees.
If the contamination in your case violates the very basic implied food warranties for your state, then you have a very strong case against the food manufacturer. If the contamination violates the implied warranties and also violates the additional guarantees added by the company, then you are able to bring a claim against the manufacturer under both violations.
How To Prove Your Claim
Despite the majority of your state's laws being on your side in a food contamination case, you still have to prove your case to win your claim. It is important that you identify all potentially liable parties in your claim from the food manufacturer, to the food distributor or retail sales organization, or the restaurant that served the food. You have to prove that the food you ate was contaminated and that the contaminated food is what made you ill. You have to prove that your suffering and any other consequences were the result of the contaminated food.
Proving that you were injured by contaminated food is a difficult process. Once you can prove you were harmed by contaminated food, then the law is generally on your side. But you are going to need an experienced attorney to help you prove that you consumed contaminated food and that the food is what ultimately made you ill.
An Important Message Regarding Your Automobile Insurance Coverage
On June 16, 2018, Chapter 490 of the Laws of the State of New York (2017) was enacted, which requires all automobile insurance companies to provide Uninsured/Underinsured Motorist coverage with the same policy limits as the liability coverage provided in the policy for all policies issued or renewed after June 16, 2018.
Uninsured/Underinsured Motorist Coverage protects you and your family in the event you are involved in an accident that is the fault of a third party who leaves the scene, does not have car insurance or had a minimal policy limit. Even before this las was passed, it has been the recommendation of this firm that UM/UIM policy limits should match your liability policy limits. Otherwise, you would be protecting third parties more than you are protecting yourself and your family.
As part of the new rule, your automobile insurance provider can only alter these benefits by asking you to sign a written consent to either lowering the UM/UIM policy limit or removing the benefit from your policy completely. The cost of this type of coverage minimal in comparison, and it is this firm’s strongest recommendation that if you are asked to sign such an agreement, you should refuse to do so and continue to keep your Liability and UM/UIM policy limits equal. This will provide the maximum possible protection for you and your family.