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MTA Accidents

(Image from ABC7NY.com)

MTA Accident Injures Several People

It seems like everyday we see terrible MTA bus accidents that involve serious life changing injuries. At least ten people were injured in New York City when an MTA bus smashed into an overpass as it jumped the curb. You can read the ABC New York, channel 7 story here.

Innocent MTA bus passengers are injured when MTA bus drivers that are supposed to be watching the road drive negligently. Under New York law, when an injured person has a claim against the MTA, the city of New York, or other government agencies, you must file a Notice of Claim with the city within 90 days after the accident. The Notice of Claim must have sufficient detail for the city to investigate your claim and prepare for litigation.  A previous article on this website, found here, may add incite to the Notice of Claim process.  Personal injuries caused by negligence on the part of municipalities, their departments like the MTA or the employees of municipalities can result in sizable compensation.  Liability for these personal injuries obviously play a large role in the strength of a case and damages (the type and extent of the injury) as always will determine the amount of compensation that will be awarded to the victim.
Having the right legal representation could mean the difference between recovering a monetary award for your injuries and dismissal of your case.  Taking the time to find an attorney that you are comfortable with and who understands the nuances of personal injury litigation is an investment that can pay off big in the long run.

Personal Injury Attorney in Mineola

If you or someone you are concerned about have been injured in a motor vehicle accident of any kind, especially one involving the MTA or another municipality, call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 today. Remember, successful litigation is no accident.
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Long Island DWI Crash

On March 13, 2016, in Criminal, Litigation, Motor Vehicle Accident, Personal Injury, by John A. Weber IV, ESQ.

Long Island DWI Attorney

(Image Courtesy of Newsday)

Long Island DWI Crash

A motor vehicle accident in Kings Park seriously injured a passenger and resulted in a DWI charge for the driver.  The passenger was taken to the hospital by helicopter.  The driver’s arraignment will take place in Central Islip’s First District Court today.  DWI’s remain a very serious problem on Long Island.

The passenger injured in the accident will be permitted to file a No Fault insurance claim through the insurance of the vehicle he was riding inside.  This passenger may also be able to recover compensation for his injuries in a personal injury lawsuit.  Compensation for such an accident will require litigation.  In motor vehicle accident cases, it is also necessary to explore umbrella insurance coverage because often times the policy limits for the vehicle are insufficient to make the victim whole again.  Asset searches should be explored in the event that all insurance coverage options are lacking.  Although the well being of the victim is always the primary concern, it is important to know your rights if you are unfortunate enough to be the victim of a DWI or DUI related accident.

To get a fuller perspective, this story is available on Newsday.com authored by Lisa Irizarry, and News 12 Long Island.  The epidemic of DWI and DUI incidents on Long Island does not seem to be subsiding and injuries and fatalities are still a concern.  Personal injury and wrongful death actions are regularly commenced in Nassau and Suffolk County Courts because Long Island roads are still filled with drivers who have had too much to drink before getting behind the wheel.  Hopefully, this will change in the near future; but for now, knowing your rights are the best we can settle for.

DWI Attorney in Long Island

If you are arrested for a DWI or injured in a DWI related crash, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to an attorney who can help you today!

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Wrongful Eviction Action

On March 12, 2016, in Landlord-Tenant, Litigation, by John A. Weber IV, ESQ.

wrongful eviction

Wrongful Evictions in New York

A wrongful eviction action is defined by Black’s Law Dictionary as “a lawsuit brought by a former tenant or possessor of real property against one who has put the plaintiff out of possession, alleging that the eviction was illegal.”

A wrongful eviction action can result in the plaintiff/former occupant being restored into possession of the subject premises.  It is worth noting that when the subject premises has been re-let, the court will balance the equities between the plaintiff/former occupant vs. the rights of the new resident of the subject premises.  Wrongful evictions can be litigated in every county in New York State.

Another possible outcome of a wrongful eviction action is that the plaintiff/former occupant can be awarded punitive damages.  Often times, wrongful evictions result in economic loss such as hotel costs for the former occupant, or the loss of personal belongings that were discarded by the defendant.  In New York, treble damages may be awarded in wrongful eviction actions.

For the eviction to have been a wrongful eviction or illegal, the underlying basis or the case procedure must have an identifiable defect.  Often times, Rent Stabilization Procedures are not properly followed or tenant payments are not properly credited to the tenants account.  Self-Help adds a layer of complication but almost always fits into the category of wrongful eviction, especially in residential units.  Self-Help language in leases will be reviewed by courts when a self-help eviction issue is raised in the court.

Understanding the landlord tenant dynamic and how wrongful evictions play a roll in that dynamic can present a dilemma if you do not seek the advice of an attorney.  These complex issues are often not presented properly and the cases are often dismissed.

Eviction Attorney in New York

If you have been wrongfully evicted, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to an attorney today!

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DWI on Long Island

On March 10, 2016, in Criminal, Litigation, Motor Vehicle Accident, Personal Injury, by John A. Weber IV, ESQ.

(Image from nytimes.com)

DWI Issues and Long Island

DWI – Driving While Intoxicated aka Drinking and Driving. Drinking and Driving is a problem that has plagued Long Island.  Nassau County and Suffolk County have a major problem with drunk drivers on their roads.  There was an informative article in the New York Times on July 24, 2015 written by Kirk Semple,  that caught my eye.  Drinking and Driving has an impact on all Long Islanders.  It is worth taking a minute to read this New York Times article if you have time.

DWI Attorney in Long Island

If you or a loved one have been arrested for DWI or DUI or have been in an accident where drugs or alcohol have contributed, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to an attorney who can help you today!

 

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan