Friday, February 10, 2017

Big Snow Storm Can Bring Slip and Fall Accidents




The biggest snowstorm to hit the northeastern United States so far this winter left behind over a foot of snow, widespread power outages, significant travel disruptions, black ice and slippery sidewalks. Thousands of people are injured each year when they trip, or slip and fall on an icy sidewalk.

Premises liability law covers slip and fall and other types of accidents caused by dangerous conditions on someone else’s property.  In order for a property owner to be held legally responsible for injuries sustained by an individual slipping and falling, one of the following must be true:
  • That the property owner knew about the dangerous condition and did not attempt to correct it
  • The property owner should have known about the dangerous condition and should have taken steps to prevent injuries, as a “reasonable person” would have done
  • That the property owner created the dangerous condition which led to the accident
Often, such injuries are caused by the negligence of another person. If you have been injured while on another person's property, you may be able to file a claim against the property or manager if negligence resulted in your slip and fall accident. Consult an experienced, aggressive Brooklyn, New York premises liability attorney or slip and fall attorney at Figeroux & Associates immediately for a case evaluation.

New York slip and fall accidents are very complex and often difficult to prove. A thorough understanding of the ever-changing and fact-specific laws regarding the various and numerous incidents that result in premises liability is essential to successful legal representation.

At Figeroux & Associates, we understand these factors and will go beyond the obvious to find the person responsible for the negligence that caused you injury or suffering. Contact us at 718-834-0190, for a free consultation.




Tuesday, February 7, 2017

Subway & Train Accidents

Every day, over 4 million New Yorkers use the subway system to go to work, school and other activities. The subway trains, platforms and infrastructure are not always properly maintained and repaired, creating a dangerous situation for the people who rely on them as their main mode of transportation.
If you or someone close to you has been injured in a subway accident in New York, the attorneys at Figeroux & Associates are here to offer experienced advice and advocacy. We are well versed in the legal challenges of bringing a suit against the Metropolitan Transportation Authority (MTA) and can guide you through all of the necessary legal steps.

Contact us today online or by telephone at 718-834-0190 to speak with an experienced New York City subway accident lawyer.

Remember, if you have been injured in a subway accident in New York, you have only 90 days after the date of the accident to file a lawsuit against the MTA. It is important to consult with a New York personal injury lawyer as soon as possible, so you do not lose your right to compensation.

The Dangers of the New York Subway System
There are many ways to get injured in the New York subway system. The following is a brief list of subway dangers:
- Doors closing on people
- People getting dragged along with the train
- Slippery surfaces caused by leaking pipes and other hazards
- Snow and ice on the outdoor subway steps and platforms
- Assault, robbery and other crimes taking place due to negligent security
- Electrical injuries on the train tracks
- Our attorneys investigate subway accidents thoroughly and will work to identify the cause of your accident. Oftentimes, subway accidents are the result of negligence on the part of the maintenance staff, the train operator or other MTA personnel. Our New York public transportation injury law firm will work to identify all liable parties, to help you obtain full and fair compensation for your subway accident injury.

New York Train Accident Attorneys
Serving Manhattan, Brooklyn, Queens, Staten Island and the NYC Metro Area. If you or someone close to you has been injured due to the negligence or carelessness of another, our personal injury lawyers are here to help.

Contact at 718-834-0190 to speak with an experienced New York City subway accident lawyer.

Monday, February 6, 2017

First-time Home Buyers: Here's a Quick and Easy Guide to Your First Mortgage


Delving into the real estate market for the first time can be a very intimidating thing with all of the mortgage and housing options available. Whether it's market conditions or the amount you should be spending, there are a number of factors you'll need to be aware of. If you're just starting out and not sure where to begin, here are some points to consider that will set you on the right path.

Is It the Right Time to Buy?
Many people try to time the market, but the right time to buy a home is when it works for you. If you have a solid down payment and you're truly prepared for home ownership, it's probably the right time to start looking. While a good home and low interest rates can certainly push you in this direction, if it's not quite the right time, hold off until it's right for you.

What's Your Payment Plan?
It's easy for a first-time buyer to be taken in by their dream home, but it's important to be clear on all the costs associated with home ownership like property tax, insurance, maintenance and other fees that will bump up the monthly payment. If you can formulate a budget that includes all of your monthly costs and is feasible in the long term, you're good to go.

What Documentation Is Required?
Having your personal documentation in order and available will be one of the most important steps in your application, but there are a number of things you'll need. Beyond recent pay stubs, tax returns and bank statements, you'll also need your credit report, so take a look over it to ensure that it's correct and displays your financial history in a positive light.

Starting the Search
You may be ready to move as soon as you start looking, but buying your first home can be a rather lengthy process. Instead of being sucked in by too much house or taking the first things that appeals to you, ensure that you have a good sense of the size, neighborhood and style of house you want so you can get out there and find the home that works for you.
   There are a lot of things to consider when it comes to buying your first home, but by being ready to invest and having your finances in order you'll be well on your way. If you're currently on the market for a home, you may want to contact one of our mortgage professionals at 888-670-8791 for more information.

Thursday, February 2, 2017

Claiming an Elderly Parent or Relative as a Dependent

 

Are you taking care of an elderly parent or relative? Whether it's driving to doctor appointments, paying for nursing home care or medical expenses, or handling their personal finances, dealing with an elderly parent or relative can be emotionally and financially draining, especially when you are taking care of your own family as well.
Fortunately, there is some good news: You may be able to claim your elderly relative as a dependent come tax time, as long as you meet certain criteria. Here's what you should know about claiming an elderly parent or relative as a dependent:

Who Qualifies as a Dependent?
The IRS defines a dependent as a qualifying child or relative. A qualifying relative can be your mother, father, grandparent, stepmother, stepfather, mother-in-law, or father-in-law, for example, and can be any age.
There are four tests that must be met in order for a person to be your qualifying relative: not a qualifying child test, member of household or relationship test, gross income test, and support test.

Not a Qualifying Child
Your parent (or relative) cannot be claimed as a qualifying child on anyone else's tax return.

Residency
He or she must be U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico; however, a parent or relative doesn't have to live with you in order to qualify as a dependent.
If your qualifying parent or relative does live with you, however, you may be able to deduct a percentage of your mortgage, utilities, and other expenses when you figure out the amount of money you contribute to his or her support.

Income
To qualify as a dependent, income cannot exceed the personal exemption amount, which in 2016 (and 2017) is $4,050. In addition, your parent or relative, if married, cannot file a joint tax return with his or her spouse unless that joint return is filed only to claim a refund of withheld income tax or estimated tax paid.

Support
You must provide more than half of a parent's total support for the year such as costs for food, housing, medical care, transportation and other necessities.

Claiming the Dependent Care Credit
You may be able to claim the child and dependent care credit if you paid work-related expenses for the care of a qualifying individual. The credit is generally a percentage of the amount of work-related expenses you paid to a care provider for the care of a qualifying individual. The percentage depends on your adjusted gross income. Work-related expenses qualifying for the credit are those paid for the care of a qualifying individual to enable you to work or actively look for work.
In addition, expenses you paid for the care of a disabled dependent may also qualify for a medical deduction. If this is the case, you must choose to take either the itemized deduction or the dependent care credit. You cannot take both.

Claiming the Medical Deduction
If you claim the deduction for medical expenses, you still must provide more than half your parent's support; however, your parent doesn't have to meet the income test.
The deduction is limited to medical expenses that exceed 10 percent of your adjusted gross income (For tax years 2013-2106, this amount is 7.5 percent if either you or your spouse was born before January 2, 1949), and you can include your own unreimbursed medical expenses when calculating the total amount. If, for example, your parent is in a nursing home or assisted-living facility, any medical expenses you paid on behalf of your parent are counted toward the 10 percent figure. Food or other amenities, however, are not considered medical expenses.

What if you share care-giving responsibilities?
If you share care-giving responsibilities with a sibling or other relative, only one of you--the one proving more than 50 percent of the support--can claim the dependent. Be sure to discuss who is going to claim the dependent in advance to avoid running into trouble with the IRS if both of you claim the dependent on your respective tax returns.
Sometimes, however, neither caregiver pays more than 50 percent. In that case, you'll need to fill out IRS Form 2120, Multiple Support Declaration, as long as you and your sibling both provide at least 10 percent of the support towards taking care of your parent.
The tax rules for claiming an elderly parent or relative are complex. If you have any questions, help is just a phone call away.

 

Wednesday, February 1, 2017

7 Reasons to Hire a Lawyer for Business Matters



A lawyer can help in many business scenarios, from helping with the incorporation process, drawing up contracts and, if necessary, representing you in litigation. It is always wise to err on the side of caution and have a lawyer review contracts and documents before your sign on the dotted line. Prevention is always better than cure.

Each business is unique, and an initial consultation with a lawyer can help you determine the complexity of your own needs and how to proceed. Here are 7 reasons to hire a lawyer:


1.     Legal structure for your business: When entering into a partnership agreement or forming an LLC, it's wise to consult an attorney about the ramifications to your individual business. Forming a corporation with shareholders and a board is a complex process. There are the complex tax and legal requirements which often requires the services of a corporate attorney.


2.     Filing and registering the paperwork to start a business: This includes applying for the right licenses and permits, registering your business for tax purposes, and applying for an Employer Identification Number (EIN). 


3.     Creating contracts and non-disclosure agreements (NDA).


4.     Creating buy-sell agreements: If you are in a business partnership or an LLC with multiple owners, you’ll need a buy-sell agreement in place to protect you, in case a co-owner dies or wants to transfer ownership. 


5.     Filing a Patent: Patents are expensive and time consuming. It can take years to get one approved.  That’s why so often see “patent pending” messaging in the marketplace. So unless you are in the pharmaceutical or biotech industries, consider whether patenting your product actually gives you a major market advantage. Consult a patent attorney to help you evaluate your product and understand what rights you will achieve.


6.     Litigation: This can include dealing with lawsuits by current or former employees or customers, discrimination or harassment lawsuits, environmental lawsuits, government investigations for legal violations, etc.


7.     Buying or Selling a Business: Lawyers can help with negotiating sales agreements, lease agreements, and more.

      For a FREE Small Business consultation, call 855-768-8845.

Tuesday, January 31, 2017

Trump's Executive Order





On January 27, 2017, President Trump issued an Executive Order (EO) entitled "Protecting the Nation from Foreign Terrorist Entry into the United States." People all over the United States are rallying in opposition to this EO and showing their support for all of those individuals affected by President Trump's EOs. AILA lawyers across the country are showing up en masse to provide legal support to those detained, as well as to families and friends waiting for their loved ones to be released.

Last night, lawyers filed actions across the country to halt the January 27,  EO. A federal judge in the Eastern District of New York issued the first order, granting a nationwide stay of removal preventing deportation for individuals with valid visas and approved refugee applications affected by the EO. The next decision came out of a federal court in Massachusetts - it went a bit further and barred federal officials from detaining or removing individuals subject to the EO. Two other courts also issued rulings. In a case filed in Virginia, the court ordered federal officials to provide lawyers access to "all legal permanent residents being detained at Dulles International Airport" and barred officials from deporting covered individuals for the next seven days. In the case out of Washington State, the federal judge barred the federal government from deporting two unnamed individuals from the United States.

Lawyers in the New York case are seeking clarification from the court.

The Department of Homeland Security put out a statement, that the agency "will comply with judicial orders."

More clarity was provided by Secretary Kelly of the Department of Homeland Security, who released a press statement this evening clarifying how the EO applies to LPRs: "I hereby deem the entry of lawful permanent residents to be in the national interest."

Monday, January 30, 2017

10 Reasons Why Divorce Is Better Than Staying in a Bad Marriage


Marriage should demonstrate and remind us of why you fell in love. However, as many of us can attest it’s not always a happy ever after. Divorce may be the best option for various reasons; here are 10.

1) Infidelity. This leads to insecurity, trust issues and resentment and relays lack of commitment. It may appear in various ways such as having sexual relationships or flirting and other physical contact with someone other than your spouse. Infidelity also opens the door to health-related issues such as sexual transmitted diseases, HIV and AIDS.

2) Lack of Trust. Trust is one key to building a great relationship but the lack of trust will do the complete opposite. A partner who cannot be trusted leaves their mate with many unanswered questions wondering what to do. Also places that mate in a position to question even the smallest matters or circumstances concerning the relationship, as well as the stir up of arguments and fights. The continuance of such behavior then creates barriers and unresolved issues.

3) Physically Abuse. This  is unacceptable no matter what  it stems from, and also does its share of damage on  marriages. A person involved in any form of abuse leaves the door open for more and more abuse to occur.  It is life threatening and can lead to a homicide or suicide of the abuse victim or both. 

4) Emotional Abuse. This  affects the well-being of  many individuals, preying on their mental health, even more on those with lower self-esteem. A spouse should be that go-to person for communication, love and affection. The one that builds you up and gives you the confidence and support you need to face any situation.

5) Drug Abuse. This is a killer in marriages that should never go unnoticed or untreated; some couples have lost their friends, jobs and identity. The harmful substances found in many drugs can lead to addictions and abnormal behavior such as hallucinations and paranoia, to name a few. Effects and severity can be long term and in contrast the best hope is in separation by divorce.

6) Gambling. This has done its share in shattering homes, some couples have lost their homes. In other cases, many individuals are forced to move back home with parents or other family members and have caused their family to endure hardship in many ways.

7) Financial Hardship. This is something many of us have face in one way or another. Couples in this dilemma endure the stress of maintaining a home, a car, supporting the family or even providing food. This can be from having low-income or being laid off from work, as well as entering a marriage with one party or both having debt and bad credit.

8) Abandonment. This is not  waiting for a military spouse back from war. Abandonment  involves leaving all responsibilities on the other person.  It may cause much emotional stress and depression on the partner behind pondering all the things that could lead to it, while still not sure if the person is dead or alive. Some partners have spent years holding on to a thought of the other person returning only to become more and more stagnant in life by not letting go and moving forward. In the event, choosing to get a divorce, would grant a way of starting over.

9) Imprisonment. Living without a spouse can be hard at times, it takes away the companionship you enjoyed as a couple. While some have gone through the process and were able to pick up where they left off, many have found it difficult to get past that chapter of their marriage. In addition to the years being apart and changes that took place, they may have grown apart. Sometimes the only bright future for either couple is to divorce and move on.

10) Tragedy. Past or present, this can negatively affect a marriage with the memories that play out time and time again. At times, it is one party not willing to forgive the other or not being able to let go, or just dealing with the death of a child or loved one. In other cases, it may be tragedy from childhood that was not dealt with that creates challenges in the couple’s marriage that become more and more burdensome or hard to overcome.

Divorce is an option in many cases for couples that have had devastating dilemmas that took a toll on the marriage. Many of those individuals live with the aftermath and even the fear of even committing again. The terror many endure while in wedlock  is why divorce is better than staying in a bad marriage. For those who endured more tears than joy, more pain than bonding, divorce can bring them peace of mind after all.

It's not an end; it's a new beginning. To schedule an appointment, please call 855-768-8845.