Whether someone works twenty hours or sixty hours a week, it is the employer’s responsibility to ensure that their employees have a safe environment to come to each and every day. If you’ve been injured by a fall at work, you should discuss your case with a New York personal injury attorney because you may be entitled to compensation.

Generally, you can recover most if not all of the initial losses you suffered from the injury, as well as future costs you may endure. Your attorney will help you determine who was responsible, how much liability will likely be attributed to them, and how much compensation you can recover.

In order for your employer to be held liable, your injury typically has to occur during work hours and on employer premises. If either doesn’t apply to your accident, you may not recover. 

If you were working at the time of your accident, you can potentially be compensated for:

• Current and future medical treatment,
• Current and future lost wages,
• Emotional trauma, 
• Expenses for dependants, and even
• Pain and suffering.

All businesses are required to have workers’ compensation insurance coverage for all employees. Workers’ compensation protects the rights of employees and employers by managing and delivering benefits when needed and also promoting worker and employer compliance with the law. However, prior cases show us that workers’ compensation is not a perfect system. For example, in one New York case, an employee was going into work when her foot slid out from under her as she was about to go up the steps. The employee figured there must have been an ice build up because it had snowed heavily the week before. Despite the accident occurring at work, the board initially did not allow her to receive benefits, so the employee decided to appeal this decision to the courts. 

On appeal, the board’s ruling was reversed and it held in favor of the injured worker because it was determined that the employee was injured as a result of a risk exclusive to her workplace. The board also failed to investigate whether there was ice or not, which is something that it should have done. 

As you can see, if the employee had not pursued legal action by appealing, she may have never received compensation for her injury and damages. It is extremely difficult to navigate the legal side of a slip and fall accident at work, and the process may be lengthy. By consulting an experienced personal injury attorney, you’ll have a better chance to get the compensation you deserve while you recover from your injuries.

It’s also important to note that even though a worker who is injured on the job can’t sue their employer but rather is required to file a Worker’s Comp claim, that’s only if the employer was the only responsible party. However, if a third party was negligent, a traditional lawsuit can be filed. So to give a common example, say a worker is injured on the job due to a defective piece of equipment, the equipment manufacturer can be sued in court.

If you’ve fallen at work, you will need the support of the highly competent and determined legal team here at Rosenblum Law. Don’t hesitate to take the crucial first step on the road to recovery by contacting us. We offer decades of experience and unrivaled attention to our clients’ cases to ensure the best possible outcomes.

Read More: https://rosenblumlaw.com/personal-injury/ny/slip-fall/workplace/

A good estate plan consists of several documents that together will ensure that one’s affairs are handled according to their wishes, both during their lifetime and after they pass away. The last will and testament plays a vital role in designating how your assets will be distributed, who will administer your estate, and how minor children will be cared for in the event you pass away unexpectedly.

Your last will and testament will contain several important sections that will provide instructions to your loved ones on how to handle your affairs once you pass away. These include naming your heirs, choosing fiduciaries, and naming guardians for minor children.

When choosing your heirs and deciding how to distribute your assets it’s very important to consider how your inheritance will be received and by whom. If any of your potential heirs has financial issues or is not capable of handling money, this should be considered before creating the will.

When you speak with an estate attorney, they will work to understand your entire financial picture as well as family dynamics, and provide you with options on how best to proceed in these scenarios.

Another important part of creating a last will is choosing your fiduciaries, or those who will be tasked with carrying out the instructions provided within the will. First, you’ll want to name an executor. This person will be the one responsible for gathering the assets in your estate, paying off your debts, filing your final tax return, and distributing the property according to your wishes.

This can be a complicated process, so it’s best to choose someone who you believe will be capable of handling these responsibilities during a stressful time. 

In addition to naming an executor, if any of your beneficiaries are minor children, you’ll want to name a trustee who will be responsible for managing their inheritance until they reach an age where they are capable of doing so themselves. The last will is the only place where one can name a legal guardian to care for minor children. 

Choosing the right person for any of these roles requires careful consideration. When you are working with an attorney to create an estate plan, they will guide you through the questions you should ask both yourself and the people you are considering for these roles.

If you’re considering creating a last will, the attorneys at Rosenblum Law can provide you with a free consultation to discuss your questions and concerns regarding this very important document.

Read More: https://rosenblumlaw.com/estate-planning/nj/creating-will/

If you are looking to change your name in New Jersey, there are many steps you must take. While most may seem simply administrative, a vital few are not, such as appearing at a required hearing before a judge. In some instances, a judge may rule that you are not permitted to change your name. But, that’s just one of the reasons why it may be beneficial to consult with an attorney before attempting to change your name. 

It’s worth hiring a lawyer to help you with a name change for several reasons. The great load of paperwork you will have to file can be overwhelming, and a simple mistake or oversight could result in the denial of your name change request. There are several governmental entities you must file paperwork with, and the process can get complex very quickly. A law firm will take care of copying, filing, and notifying newspapers as well as some of the agencies involved. This will minimize the amount of work you have to do, and ensure that all steps are handled correctly. 

The help of an experienced attorney is especially beneficial if you are someone with complicated circumstances. For example, you might be involved in a pending lawsuit, carry debt, or have a criminal history. 

But, not surprisingly, an attorney may be most helpful in the courtroom. When attending court for your hearing, an attorney can handle some of the questions the judge may ask and provide responses that are likely to persuade the judge to make a favorable ruling. The judge will consider your occupation, any judgments, bankruptcy or insolvency proceedings, criminal record or charges, your desired name, any previous attempts to change your name, your stated reasons for the name change, and any possible fraudulent intent. Attorneys have experience speaking with judges and the right attorney will know what to say that will give you the best chance of being successful. 

If your name change is denied, the action you take next will depend on the reason for the denial. If the denial occurred for procedural reasons, you can simply file the request again, this time aiming to correct the mistake. If you were denied due to concerns regarding fraud or criminal convictions, you can file an appeal. Under the latter circumstances, if an attorney was not hired for the original filing, it is imperative that you have one for the appeal.If you live in New Jersey and would like to legally change your name, or if you’ve made a request that was denied, the lawyers of Rosenblum Law are ready to help. Call us today for a free, no-obligation consultation. Our dedicated attorneys will listen, advise, and do their very best to provide you with the service you need to resolve your matter.

Read More: http:/rosenblumlaw.com/our-services/name-change/

Normally when small accidents happen on the properties of  family members or friends, people usually decide to resolve the matter privately — outside of the legal process. That’s because they value their relationships much more than recovering a small amount of money. However, if a fall results in hefty medical bills, future complications, lost wages, and further pain and suffering, legal action may be necessary. 

If you’ve taken a bad fall on a family member or friend’s property, and they won’t admit any fault for your injury and refuse to help out financially, a personal injury attorney can get you the compensation you deserve while avoiding much of the discomfort that comes with filing a claim against a friend or loved one.  The most important thing to remember is that since most people have a homeowner’s insurance policy, the money that you are awarded, if any, won’t be paid out of your friend or relative’s pocket but rather by the insurance company. And, your case may ultimately be settled out of court which means there’s a good chance you won’t have to face your opponent in the courtroom at all.

In proving a personal injury case, you will have to prove the elements of your legal action, which will be proving negligence within premises liability law. Those elements are:

1. Your accident was caused by a hazardous condition on the property.
2. Your friend or family member had reasonable knowledge of the hazardous condition beforehand.
3. You didn’t know the hazardous condition existed and would not have reasonably discovered the hazard prior to your injury. And, Your friend or family member failed to warn you of the hazardous condition that they were aware of, and they did not fix it.

Proving these elements can be a very complex process from the research phase to strategically presenting persuasive arguments to an insurance company or in a court of law. That’s why it’s important to have an experienced attorney on your side.

Contact Rosenblum Law today for a free consultation regarding your fall down case. You’ll have a strong team of experienced lawyers on your side.

Read More: https://rosenblumlaw.com/personal-injury/ny/slip-fall/fall-at-friend-or-family/

Dealing with the passing of a loved one is always difficult and can become even more so if a dispute arises over their estate. Disputes can arise in many forms, but they primarily fall into one of two categories: contesting the validity of a will or disputing the actions of a fiduciary.

When contesting the validity of a last will and testament, evidence will be key. You’ll need to show that the person who created the will either did so while under the undue influence of another, while they lacked the mental capacity to create the document, or that they were not involved at all and the will has been forged.

When you speak with an estate attorney about the dispute, they’ll guide you through important questions to help establish the order of events and assist you in locating and gathering the necessary evidence.

Ultimately, the dispute will need to be resolved through the state courts, where your attorney will present your evidence and argue that the will in question is invalid and therefore should be thrown out. 

The other main category of estate disputes arises when a fiduciary either fails to act or does so improperly. The word “fiduciary” when referring to estate matters can include those in various roles including executor, administrator, power of attorney and trustee.

Anyone in these roles is tasked with certain responsibilities that they are required to perform, whether it is gathering estate assets, paying off debts, creating trusts or distributing those assets either in accordance with a last will or state law.

If anyone in one of these roles either fails to act or does so improperly, such as distributing assets to the wrong person, then you may need to litigate in state court to either remove them from this role or force them to act appropriately under the circumstances.

Oftentimes this litigation will be between family members and can become both heated and complex. When you work with an estate attorney they will guide you through this process while also ensuring that your rights are protected and your inheritance is received. Call us today for a free consultation to discuss your matter.

Read More: http:/rosenblumlaw.com/estate-planning/nj/litigation

In recent years Strike 3 Holdings, LLC has sued many people in Florida state court, even though most of the defendants live in a different state. This raises the question of why a person would be sued for downloading pornographic content in a state in which the person doesn’t live. 

We were also wondering the same thing. Having represented hundreds of clients over the past several years, we noticed an uptick of cases filed in Florida by Strike 3. 

The Pure Bill of Discovery

It turns out, there is a very specific reason that they are doing that. Strike 3 files action for what’s known as pure bill of discovery. The sole purpose of this is to uncover the identity of possible defendants in a copyright lawsuit. 

This is different from the typical path, where a rights holder may discover an IP address that has infringed, file a lawsuit naming the IP address, serve a subpoena on an internet service provider, and try to obtain a person’s identity that way. Instead, they sue a mass of people, sometimes hundreds at a time, in Florida state court. 

This is a significant cost savings for Strike 3. If it did not file this type of complaint, Strike 3 would have to file an individual lawsuit for each person and incur a separate filing fee each time. Once it has a person’s information, Strike 3 can do some digging to find out if this person has enough assets to be worth suing.

It May be a Mistake to Oppose or File a Motion to Quash the Florida Lawsuit

Some lawyers have steered their clients in the wrong direction. They opposed those lawsuits in Florida, filing motions to quash them. A motion to quash serves to reject a legal document or request, such as one for information about the owner of an IP address, on a legal basis. The most common reason for filing a motion to quash is that the request is illegal or improper. 

However, to file this motion usually requires disclosing the client’s information–and this was Strike 3’s objective to begin with! 

(NOTE: A motion to quash is a useful tool that can be used to defend against copyright infringement or other lawsuits outside of Florida state court and in certain other situations. An experienced attorney can advise when a motion to quash is a good strategy.)

Although many attorneys have made valiant attempts to oppose those lawsuits, whether successful or not, an opposition gives Strike 3 exactly what it wants. Once Strike 3 has someone’s personal information, it can simply go ahead and sue that person in federal court. 

It seems logical that a person who has been sued by Strike 3 in Florida state court might hire a Florida attorney to oppose the lawsuit. But that person can end up hurting themselves financially because, win or lose, they could end up being sued by Strike 3 in federal court anyway. This second suit will require further litigation (and attorney fees). In addition, Strike 3 will have spent more money on legal fees, which will increase the size of the settlement it will likely seek to offset those expenses.

What to Do About the Strike 3 Florida Lawsuit

The best course of action is to head off the lawsuit altogether, before too much money has been spent by Strike 3 or the defendant, and before the identity of the defendant can be discovered. To do that, a person should hire a copyright infringement attorney with experience fighting cases in federal court. The sooner a person negotiates a settlement, the better. Firstly, the person will save on legal fees. Secondly, it saves the plaintiff (Strike 3) legal fees. 

While a person may not care about saving Strike 3 money, it matters. After all, the more money it costs to reach a settlement, the larger the settlement the company will demand. 

Make no mistake: copyright infringement carries serious penalties. A copyright holder can demand up to $150,000 in damages per work. And most of these cases involve multiple works being infringed. 

By addressing the matter quickly with an experienced attorney, a person is likely to be able to settle for far less money.

Frequently Asked Questions

Why is Strike 3 Holdings, LLC suing John Doe defendants in Florida?

Strike 3 is using an aspect of Florida law to create a double-edged sword for those who wish to fight the lawsuit: either continue fighting in Florida state court and likely have one’s information revealed, or file a motion to quash (because he/she doesn’t live in Florida), which will likely require revealing the defendant’s identity anyway. Either way, Strike 3 will be able to now sue the person directly. 

Should I ignore a Strike 3 holding lawsuit filed in Florida?

Never ignore a copyright infringement lawsuit even if it has been filed in a state in which you do not live. Instead, hire an attorney right away. 

What are the penalties for a Strike 3 Holding copyright lawsuit?

While copyright infringement is a criminal offense, the lawsuit is purely seeking monetary compensation, often tens of thousands, if not hundreds of thousands of dollars. 

What kind of settlement can I expect?

The answer to this question will depend on how quickly the lawsuit can be addressed and settled. The more time that goes on, the more expensive it will get, as Strike 3 spends money on attorney and court fees, as well as learns more about the defendant and his/her financial status.