Do Not Try to Stay in Your Home After an Oil Spill – It’s Not Safe!

At Sunshine, Isaacson & Hecht, we have put a heavy focus in recent months on oil spills in New York. From the types of oil spills and causes to the rights New Yorkers have when exposed to a spill, we want to prepare our clients for the aftermath of an oil spill in their homes or businesses.

Whenever we talk to clients about these subjects, one of the items we frequently discuss is actually leaving your home or business after an oil spill. We fully understand how difficult it can be to leave home. Clients express how difficult it can be to uproot their lives and live with a friend, family member, neighbor, or in a hotel/motel – but it’s the right choice for your health (along with the health of your family and/or customers).

Oil Spills Expose You to High Levels of Carcinogens

Staying in your home or business may seem like a convenient choice, but you are putting yourself and others at risk due to the continued exposure to toxins from the spill. Oil is full of toxic chemicals like benzene, which is a known carcinogen.

The United Nations indicated that prolonged exposure to petroleum, which is used in some home heating systems, increases the risk of cancer. While the study was done on people living near plants, occupying a building that has directly been exposed to a spill could include similar risks of mesothelioma, skin cancer, lung cancer, and other types of cancer.

People who have stayed behind after an oil spill have reported experiencing difficulty breathing due to inhaling these fumes. Until total remediation has been done, your home will not be a totally safe place to live.

What Should I Do, and Where Should I Go?

When exposed to an oil spill, contact law enforcement or a local environmental agency immediately. After that, let them do their jobs while you avoid any direct contact with the oil, stay away from areas exposed to the oil (you will often be able to smell or see it), do not drink, bathe, or enter waters near the spill, and get out.

You may be able to find a loved one to stay with, but you also should not be afraid to seek out housing at a hotel or motel if you can afford it in the interim.

How Will I Afford Alternative Housing?

As noted in our previous post on the rights of New Yorkers exposed to oil spills, you have the right under New York’s Navigation Law to recover any reasonable costs associated with the oil spill as long as you weren’t responsible. If you are forced to pay for alternative housing then the discharger of the oil will be required to reimburse you for those costs at a reasonable rate. Reasonable just means any costs associated with the necessary housing.

Our team at Sunshine, Isaacson & Hecht knows environmental law in New York. Attorney Jeffrey Sunshine serves as the Chair of the Environmental Law Committee of the Nassau County Bar Association. Our expertise guides us to serve and protect New Yorkers in the event of an oil spill. Contact us, and we will help you take the necessary steps to protect yourself and your family while we fight for every penny you are owed.

5 Benefits of Choosing Mediation for Your Divorce

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5 Benefits of Choosing Mediation for Your Divorce

Mediation, as opposed to traditional litigation, offers a more gentle, productive attitude to navigating divorce’s difficult legal waters and generally ends up being less stressful, less expensive, and easier for the whole family to move on. The method includes an independent, impartial third-party that meets with the divorcing couple to work out all the divorce information. Mediation seeks a friendly middle ground that serves all parties.

Choosing mediation instead of a litigated divorce has some important advantages. The five most convincing reasons for choosing mediation are:

1. Mediation is usually less expensive

Because there are no court fees involved, mediation proceedings are simplified and can be far less costly than divorce. The typical cost of mediation is in the $5,000-10,000 range, whereas litigating a divorce will typically cost that much money per person, just to get started.

Mediation costs depend on the complexity of dividing assets, schedules for child visitation, and other concerns. However, the cost should be much less expensive even in complex cases. You may be surprised at how little it costs to employ a mediator, or how expensive it can get to litigate a case to conclusion if mediation is not chosen.

2. Mediation is private and confidential

Divorce proceedings in a government courtroom provide access to intimate information for anyone who may want to find them. No one wants their laundry out in public. For individuals who value their privacy, a traditional divorce may not be the best choice. When you go to court, there are dozens of other married people there as well, listening to the details of your case.

One of mediation’s most desirable advantages is that it is entirely private and confidential. Participants may not have to appear in court at all. The mediator handles all the documentation and ensures the privacy of each person. We can even meet with you at night so that you don’t have to miss a day of work.

3. Mediation is usually quicker and more flexible

Some mediators like to have the clients come back to mediate a dozen times. Our goal is to get the job done as quickly, amicably, and cost-effective for you as possible. Quite often, we are able to resolve issues the very first time that we meet with you. On the other hand, a lengthy, complex divorce can drag on for months or even years. Mediation is intended to be fast, effective, and flexible.

The lines of communication are kept open due to the relaxed, negotiable process and enables distinctive solutions to be brainstormed to fix any issues. This flexibility enables a swift and cooperative strategy rather than a combative commitment in which everyone feels exhausted and unhappy.

4. Mediation is less stressful

Mediation is far less stressful than going to court. The concept behind mediation is to foster mutually beneficial friendly collaboration. The task of the mediator is not only to help both sides agree on divorce terms, but also to relieve tension, remove emotion from the process, and help both parties act in a friendly manner.

5. Mediation is child-centered and peaceful

The child-friendly strategy to mediation is another important advantage. Custody battles may be harmful to kids – particularly when the Court wants to know which parent the child or children prefer to live with. These issues are all negotiated quietly in our office, while your children are at school and unaware of the process. Children are less affected and they never have to appear in court.

Contact a Lawyer

If you are interested in pursuing mediation for your divorce, call Sunshine Isaacson & Hecht, LLP at (516) 352-2100 for a confidential consultation.

The Best Interests of the Family Pet

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The Best Interests of the Family Pet

New Year is going to the dogs. That’s what some media websites want you to believe, at least, but here is the real question: In New York, who is the dog going to? New guidance signed by the Governor in late 2021 changed the way that family pets are treated in New York divorces. This is sure to shake things up in the courtroom.

Previously, animals were considered property in divorce legislation. When it came to dividing up the property between the divorcing spouses, pets were just another item on the list next to lamps, sofas, and vehicles. If one spouse owned the pet prior to the marriage, they automatically got it in the divorce. If it was bought during the marriage, who it ended up with depended on who bought it – just like most other property.

Of course, anyone who has had a beloved pet can see the flaws in this line of thinking. For many families, pets are almost as precious as children. In some families, pets are considered children. Following the lead of states like Alaska and California, New York amended their legislation concerning family pets. Now, when determining who gets custody of the “companion animal,” the Judge must consider “the best interest of the pet.” The legal standard is not going to be the same as it is for children – but it is far closer to a custody analysis than it was in the past when pets were treated no different than other property like a couch or a lamp.

So what does that mean? It isn’t the same as “the best interest of the child,” since there are no Pet Forensics or appointed Attorney For the Pet. Instead, the Judge considers where the animal will be better cared for, and where it will have access to more resources. It is taking a more humane approach to a very sensitive issue.

Let’s say a beloved family dog, Rover, is caught in the middle of a bitter divorce battle. On one side, the spouse is moving into a house with a big backyard, and will have the financial resources to give Rover a better life. On the other side, the spouse is moving into a small apartment, but they are free during the day to walk Rover and give him the attention he needs. What’s more, that same spouse is the one who primarily took care of Rover during the marriage – buying his food, taking him on walks, taking him to the vet. Since they have illustrated better care for the pet, most Judges would rule in their favor rather than the bigger backyard.

Divorced spouses splitting custody of a pet is not unheard of, it happens regularly. The new legislature is also hoping to curb the ugly backdoor bargaining that often involved a family pet, since before this legislation, the Courts did not have jurisdiction to determine “custody” of a pet – even though litigants tried to incorporate such terms into their agreements. Examining the best interests of the pet helps look for the right decision for everyone involved, and also legitimizes what people have been trying to do for years.

Are you in the middle of a battle for your furry best friend? Now you may have more of a fighting chance. For help with all your family law needs in New York, contact Sunshine Isaacson & Hecht, LLP today! We have the knowledge and experience that breeds success.

When Can I Get My New York Child Custody Order Modified?

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When Can I Get My New York Child Custody Order Modified?

Split families are born out of necessity but rarely intention. Generally, we don’t enter a relationship with plans of separation, just like we don’t have a child with plans of not being around regularly.

These truths make child custody agreements hard to swallow for those who aren’t getting the time with their child they want and believe they deserve. Noncustodial parents in New York need to be cognizant of their own circumstances when considering potential modifications to their child custody order.

These orders are not final, in that they can be modified when the court sees a material and unexpected change in circumstances that impact your child.

Best interests of the child

Above all else, New York family courts will make decisions exclusively in the best interests of the child. This means there is no guaranteed formula to get better visitation or custodial rights as a parent.

When considering making changes in your life, prioritize your child. If you are found to be putting the interests of your child first, then you increase your chances of a favorable outcome.

Location, location, location

It’s hard to have significant visitation as a noncustodial parent if you live a significant distance away. You aren’t required to live near your child to get some rights, but you open up the door to increased time if you live close to your child.

Location also dictates education opportunities for your child. Are you living in their current school district? If not, moving within the district could avoid any disruptions to their education. You could also earn favor with the court if you are living in a strong school district, which would serve their best interests as they grow and learn.

Preferences of your child

It helps if your child actually wants to live and/or spend time with you. The court will not automatically write a custody order based on what your child wants, but it’s certainly a factor.

This does not mean you need to spend all your time trying to be the “cool” parent. New York family courts know how to spot the difference between someone who is being a good parent and someone who is putting all their time and effort into getting their own child to “like” them.

Make time for their education, hobbies, and other growth opportunities when you have visitation with your child.

Financial changes

A significant change to either parent’s finances could trigger a child custody modification. If the noncustodial parent is now able to provide more for the parent, then they could be owed more time. If the custodial parent no longer has the means to support their child, then this could result in more time or custody for the current noncustodial parent.

Ultimately, the court will review all significant changes in circumstances that impact your child’s quality of life in considering a modification request. A request cannot simply be made just because time has passed – so make sure you are prepared when the right time comes. At Sunshine, Isaacson & Hecht, our team of experienced family law attorneys can help you pick the right time to request a change to your New York child custody order. Contact us for a free consultation when you are ready.

Know Your Rights If You Are the Victim of an Oil Spill

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Know Your Rights If You Are the Victim of an Oil Spill

Has oil been spilled on your property, damaging your home or business? This can be an extremely stressful position to find yourself in. The first step in recovering from this event is familiarizing yourself with your rights so that you can protect them.

New York’s Navigation Law provides that the discharger of the oil is strictly liable for the damages caused by the spill. The oil company will be required to compensate you for the following:

Cleanup of the spilled oil
Alternative housing (You may have to leave your home for a time if the spill makes it uninhabitable, whether this is because of the odor or direct damage.)
Damages to your home and your personal property
Indirect damages such as attorney’s fees
Loss of value of your home or business due to the spill

It is important to know about your rights so that you can be sure you get all of the compensation that you deserve.

But what if the oil spill impacts the value of my property?

Any time a substantial oil spill occurs, it must be reported to the Department of Environmental Conservation (DEC), and the spill becomes a matter of public record. Unfortunately, people tend to be wary of buying a home that has been the site of an oil spill, even if it was only a small one. Having a spill on the record can decrease the value of your property, often by quite a large amount.

For this reason, you may seek Diminution of Value compensation from the oil company in addition to the compensation listed above. You don’t even need to be in the process of selling your house – if the value of your property decreased as a result of the oil spill, then you are entitled to be compensated.

Who can help me protect my rights after an oil spill?

The attorneys at Sunshine, Isaacson & Hecht, LLP, have great experience helping landowners and business owners navigate the legal challenges of an oil spill. We advocate for our clients zealously, while also equipping them with the knowledge and guidance they need. We understand that every oil spill case is different. We are eager to learn about your situation and to find out how we can help you. Our firm offers free case evaluations for new clients. Give us a call at (516) 352-2100 to learn more!

5 Business Resolutions For 2022

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5 Business Resolutions For 2022

The New Year is a great time for rest and reflection on everything that has changed in the last twelve months and where you hope to be in another twelve. For business owners, this reflection should apply to your company as well as your personal life. If the last two years have taught us anything, it’s that you never know what to expect. Here are our 5 Business Resolutions for 2022:

Be Ready For Change

It’s more clear than ever before that flexibility is one of the most important qualities for a business to succeed. Companies who were ready to work virtually were set up for success in 2020. Companies that didn’t depend on supply chains were set up for success in 2021. It is impossible to know what is on the horizon in 2022, but being flexible and preparing for change is the best way to be ready when it comes.

Focus On Innovation

As we’ve written about, encouraging innovation is the best way to break into new spaces with your business. Real progress doesn’t come from working everyone to the bone, but from creating a space where employees feel comfortable trying new things. It doesn’t have to mean that you open up a bakery on the side of your marketing company. It can lead to small changes that will make all the difference in the long run.

Put Effort into Marketing

What’s the point in putting so much hard work and effort into your business if you aren’t going to put that same effort into marketing it? How will potential customers and clients know about the great work you’re doing if you aren’t going to advertise it? One of the top reasons that most businesses can’t make it in the long run is that they do not put enough effort into marketing. Invest in it and it will pay off.

Improve Processes

It’s time to let go of what is holding you back. Are there steps in your systems and processes that employees get caught on every time? Are you working harder than you need to? Improving your internal processes will help you succeed in ways you didn’t even realize you could before.

Get the Help You Need

At Sunshine Isaacson & Hecht, LLP, we know that every business has a different set of needs and goals. We can help you achieve yours in 2022 through strong corporate legal knowledge and assistance. For help fulfilling your company dreams this year, contact Sunshine Isaacson & Hecht, LLP today! We have the knowledge and experience that breeds success.

Why It’s Imperative to Get Our Team Involved Immediately After an Oil Spill

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Why It’s Imperative to Get Our Team Involved Immediately After an Oil Spill

We talk about oil spills on our blog frequently. These events heavily impact New Yorkers, their homes, and their businesses. When your home or business is exposed to an oil spill, you need to act quickly.

We prefer to get involved in your case as soon as possible. The earlier our team is able to work with you and get to know your situation, the better equipped we are to establish your case and the better equipped you are to preserve your case.

Most People Do Not Have Your Interests in Mind

One of the biggest reasons we tell people to contact us as soon as possible is that most other people you talk to about the spill do not have your best interests in mind. Employees of the oil company want to avoid liability. Employees of the remediation company often work for the company responsible for discharging the oil. Insurance agents want to poke holes in your case to avoid paying what you are owed under New York’s Navigation Law.

It’s similar to a car accident – you should avoid discussing the nature of your case until you have spoken directly with an experienced attorney. We help clients understand who they can talk to, when they can talk to them, and what they should say. Most people do not understand New York law in these situations and can expose themselves to liability that would otherwise fall exclusively on the discharger of the oil.

The Opposition is Trained for Situations Like This, Are You?

Those other parties you encounter in the event of an oil spill are specifically trained to avoid liability. Their companies inform them of ways to attack your case and get out of paying what is owed to you, neglecting your Navigate Law rights.

You deserve to have trained professionals on your side just the same. Our team has extensive experience handling oil spill cases in New York, especially Attorney Jeffrey A. Sunshine who serves as the Chair of the Environmental Law Committee of the Nassau County Bar Association.

We are uniquely positioned to take your case from day one and investigate the cause and resulting costs which can include damage to your home or business, your land, costs of temporary living arrangements, and more. If you are exposed to an oil spill in New York, schedule a consultation with Sunshine, Isaacson & Hecht to get back what you are owed.

New York Divorce: Contested vs. Uncontested

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New York Divorce: Contested vs. Uncontested

Until 2010, it was not possible to file for a no-fault divorce in the state of New York. In fact, they were the last state in the country to begin granting no-fault divorces. Couples had to prove that they had grounds for divorce such as adultery, abandonment, cruel treatment, or prolonged separation. Sometimes this led to very long, complicated divorce cases that became very expensive for those involved.

Today, however, you only have to prove that the marriage has been irretrievably broken, not that it was anyone’s fault. That does not mean, unfortunately, that every divorce is amicable and argument-free. There are two different types of divorce in New York: contested and uncontested.

Uncontested Divorce Explained

Your divorce is considered uncontested if you and your soon-to-be ex are able to iron out the details on your own with regards to child custody, visitation, support, and division of assets. You do not need the court to settle any disagreements between you. You must be able to come to an agreement about everything from who pays which debts to whether or not either party needs to pay spousal support to the other.

Once you have reached that agreement, you or your spouse can contact an attorney who can draft an agreement and all of the other necessary paperwork that the court requires to process an uncontested divorce. Some people believe that they can process an uncontested divorce without an attorney – but this is a recipe for much frustration and/or a problem in the future. Not only can the paperwork process can be time consuming and frustrating for someone that is unfamiliar with it, but more importantly, if your agreement with your spouse is not properly memorialized in writing, and a dispute later arises regarding the distribution of an asset, the sale of your home, or visitation/custody of the children, then the court may not be able to effectively enforce or even modify your original agreement if it was not properly documented.

Contested Divorce Explained

If you and your spouse can not reach a decision about things like your children, you property, you assets, and your debts, your divorce is contested. This doesn’t necessarily mean that you’re fighting and hate each other and your divorce isn’t amicable, just that you need the court’s help to reach a fair resolution. You will need to attend court conferences, and if you and your spouse cannot come to an agreement there, the case will eventually make its way to trial. The vast majority of contested divorces are still resolved with an agreement, much like an uncontested divorce. Very few cases actually go to trial where a Judge has to declare a winner.

Who can represent your best interests during a divorce?

If you’re getting divorced in New York, whether your divorce is contested or uncontested, it is essential to hire an experienced divorce attorney. Your attorney can help you protect your best interests. If your case is litigated, they can represent you and advocate for you zealously. The attorneys at Sunshine, Isaacson, & Hecht, LLP are eager to guide you through the process of New York divorce. To get started, call us at (516) 352-2100.

5 Business Resolutions For 2022

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5 Business Resolutions For 2022

Be Ready For Change

Focus On Innovation

Put Effort into Marketing

Improve Processes

Get the Help You Need

Check to See if Your Homeowner’s Insurance Has This Endorsement

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Check to See if Your Homeowner’s Insurance Has This Endorsement

Just about every homeowner has an active homeowner’s insurance policy. Most mortgages require it before lending any money. Although not all landlords and rental companies require tenant’s insurance, renters should carefully consider purchasing a policy in case they suffer a catastrophic loss that would have been covered.

While most people associate homeowner’s and tenant’s insurance with coverage after a residence fire, natural disaster, or theft, these policies may also cover personal injuries suffered by another person while on your property. This is often referred to as a personal injury rider or personal injury endorsement on a homeowner’s policy. Homeowners’ policies in New York typically have some type of coverage for personal liability.

Which Injuries Are Covered in a Typical Homeowner’s Insurance Policy?

Many accidents that commonly give rise to personal injury claims, like slip-and-fall incidents and dog bites, may be covered in a typical homeowner’s insurance policy. Any negligence of somebody insured under the policy may also be covered in New York.

Besides accidents that cause physical injuries, your homeowner’s policy likely covers the following under a personal offense coverage:

Libel, slander, or defamation
False imprisonment
Wrongful entry
Publication of content that violates someone’s right to privacy

How Much Will Your Insurance Pay?

Refer to your policy coverage for information on how much your provider will cover in case of a personal injury. A no-frills policy might cover something like $1,000 in medical bills per person and $25,000 in total expenses per incident.

However, as with minimum auto insurance coverage in New York, the lowest limits are not often enough for serious injuries. Policyholders can usually purchase add-ons that will significantly increase the limits on covered losses.

Do Businesses Have Personal Injury Insurance?

Businesses — especially those with brick-and-mortar locations — usually have a wide array of insurance policies that cover a wide range of losses. Coverage for personal injuries that occur on a company’s property is often included in general liability insurance. Many business owners choose to upgrade their coverage limits by purchasing umbrella policies.

Watch Out for Exclusions

As always, stay vigilant for gaps in your homeowner’s or tenant’s insurance policy. Just because you have a personal injury endorsement does not mean every type of accident is covered. To give a unique example, your policy might cover injuries resulting from dog bites but not injuries resulting from more exotic pets like snakes or other reptiles.

Our Firm Helps With Personal Injury and Property Insurance Cases

In an ideal world, insurance providers would always pay out the full amount of a covered loss. Unfortunately, we live in a world where powerful insurance companies often delay, underpay, or simply refuse to pay legitimate claims. Providers often count on claimants (understandably) throwing up their hands or taking a lowball offer rather than engage in a complex and time-consuming process.

Unfortunately for providers, that’s exactly what we’re here for. Our team will do everything in our power to get what you deserve after you suffer property damage or a personal injury. Contact us today to schedule your free consultation.

6 Steps to Take to Preserve Your Property Damage Claim

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6 Steps to Take to Preserve Your Property Damage Claim

After a car accident, it’s crucial to take certain steps to ensure that you get what you deserve for your damaged vehicle. Whether you’re dealing with minor property damage or a totaled vehicle, following these steps can help you avoid costly mistakes that weaken your case.

1. Call the Police

The other party involved in the accident may want to bypass insurance and avoid reporting the accident, particularly if they are at fault or aren’t allowed to be driving. No matter how well-intentioned the other party seems, this type of arrangement often turns into a serious headache. Insist on reporting the accident to the police and exchanging insurance information.

2. Contact Your Insurance Company

Regardless of whether or not you’re at fault, you must report the crash to your insurance company. Give them a clear, concise description of what happened and the extent of your property damage. You may also need to submit a police report to them.

3. Take Pictures

Evidence is crucial in any property damage case. Your insurance adjuster may use these photos to assess the damage to your vehicle. With detailed photos highlighting the extent of the damage to your vehicle, you may be able to create a stronger case for a larger settlement, particularly if you have “before” photos of your vehicle.

4. Get a Damage Valuation

Your insurance company should be ready to present you with a damage valuation fairly quickly after your accident. Even if you also have a bodily injury claim, your insurance shouldn’t make you wait too long to get your vehicle repaired. If you disagree with the adjuster’s damage valuation, don’t fret—you can get independent replacement quotes or repair estimates.

5. Schedule Repairs

You are free to choose where you get your vehicle repaired. However, if there are any issues with your damage valuation, you may want to hold off on repairs until you speak with an attorney. If the total cost of your repairs ends up being higher than your damage valuation, you could be left footing the bill.

6. Reach Out to An Attorney

Consulting an attorney is highly recommended after a car accident. Many insurance companies delay the payment of property damage claims or offer settlements far lower than what consumers actually deserve. They know that many consumers lack the energy to fight them over a low damage valuation or do not know their rights, and they count on most consumers simply taking the first settlement offer they get. Working with an attorney is one way to speed up the process and get everything you’re entitled to after a crash.

Are you struggling to keep up with medical bills or other expenses after an injury caused by a car crash? We’re here to help you get the compensation you’re entitled to. Contact the team at Sunshine, Isaacson & Hecht, LLP to discuss the details of your accident and figure out your next step.

4 Ways To Help Children Adjust To Living in Two Homes

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4 Ways To Help Children Adjust To Living in Two Homes

Divorce can be a difficult adjustment for everyone involved. For children, the hardest part may not even be having separate parents or having to go to court. The hardest part may be living in two different homes. It can be very difficult for a child to adjust to a new living environment, especially when one parent still lives in the same place they consider home.

As you move into a new chapter of your life, making sure that your children are comfortable with their living situation is one of the top priorities. Here are 4 ways to help children adjust to living across two households:

Keep the Essentials

If your children brushing their teeth is dependent on them remembering to bring their toothbrush back and forth between two homes, your dentist bill is about to go up. Make sure that you have essential supplies, including clothes, available at both houses. The children can bring things like their backpack and even pillow back and forth between the two, but the essentials should be at both.

Maintain a Consistent Schedule

You should work with your co-parent to make sure that all major lifestyle decisions for your children are consistent across both households. Things such as sleep schedules, diet, and entertainment habits should be the same no matter which house the children are at. Smaller things will help differentiate the experiences, but their general lives should be the same at both homes.

Ask Them What They Want

Children are much smarter than they are given credit for. Your children probably are keenly aware of the differences between the two homes they live in, and have their own thoughts about what they would like to see in both. Make sure to check in with them and listen to what they have to say. It’s their home too, after all

Don’t Try To Impress Them

You don’t need to have “the cool house.” You don’t need to let your children do things they can’t at their other home in order to get them to like you more. Just have a loving and open household where they feel comfortable. That’s what is most important.

Get the Help That You Need

At Sunshine Isaacson & Hecht, LLP, we know that family is the most important thing. As you move forward with your life, making sure that your children are comfortable and happy splitting their time across two different households is very important. For help with all of your divorce needs, contact Sunshine Isaacson & Hecht, LLP today! We have the knowledge and experience that breeds success.

You Can’t Afford to Underestimate Your Injuries After an Accident

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You Can’t Afford to Underestimate Your Injuries After an Accident

We can’t always plan for the twists and turns of life. You might be having a perfectly normal day driving home from work when someone else’s reckless actions put your health at risk. The injury risks of a car accident are significant and often deadly.

Still, many people who get in car accidents never suffer a single injury – or at least they think they’re fine to walk away from the scene without medical care. We’re here to tell you that you need to seek medical attention even if you feel as though your injuries aren’t significant. That minor twinge you feel in your neck or back may evolve over time, and if you don’t seek medical treatment in a timely manner you may never be able to seek compensation.

Time is of the Essence

It’s important to be aware of the statute of limitations for a New York personal injury case. The state is relatively lenient in allowing lawsuits up to three years after a motor vehicle accident. However, some injuries evolve and worsen much later in life.

On top of this, a failure to seek care in the immediate aftermath of your crash makes it more challenging to directly connect your injuries to the accident. You will only be able to seek compensation for injuries sustained and directly connected to the incident in question. If you wait too long and a medical professional is unable to confidently point to where and when the injury was sustained then you may be out of luck.

If the other party is an employee of the state of New York or New York City, the statute of limitations is much shorter. You have 90 days to file a notice of claim and one year after that date to file a formal lawsuit. Each of these deadlines is from the date of the accident itself.

What Happens If Your Injuries Worsen After These Deadlines

Frankly, you missed your window. Medical professionals are unlikely to be able to connect your injuries to the accident and the defense will be able to dismiss the case without much effort. These deadlines exist for a reason (preventing frivolous lawsuits), so you need to be aware of the urgency in the aftermath of your accident.

Talk to Your Attorney Right Away

As soon as you seek out medical attention to take care of your injuries, it’s time to contact a New York personal injury attorney. You should talk to an attorney first before you discuss your case with anyone else. This helps preserve your case and allows you to seek compensation for your injuries. Sunshine, Isaacson & Hecht is prepared to handle your case while you focus on your recovery.

Three Common Misconceptions About Prenup Agreements

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Three Common Misconceptions About Prenup Agreements

The general perception of prenuptial agreements is changing. More and more people are beginning to see prenups less as a taboo and more as the useful planning tool they truly are. A prenuptial agreement is a written contract between two people who intend to get married. It lists all the assets each party has ownership of when going into the marriage, and specifies what the rights to property of each party would be if the marriage were to end in divorce. Read on to discover some of the common misconceptions about prenups.

1. They are only for the rich.

You do not need to be fabulously wealthy to benefit from a prenup. In fact, most couples would benefit from creating one. It can help for future estate planning if either of you have children from prior marriages. It can also help you both better understand your financial rights and responsibilities as you embark on the journey of your marriage.

2. Signing a prenup means you expect the marriage to fail.

Being prepared for something is not the same as expecting it or assuming it as an eventuality. We’ve heard of couples who don’t want a prenup because they think it is a sign that they don’t have faith in their relationship. No way! Installing a security system in your house doesn’t mean you don’t trust your neighbors, or you expect to get robbed. It means you understand that we cannot predict the future and you want to have protections in place in case life doesn’t go as planned!

3. They are difficult and expensive to draft.

If you partner with an experienced family law attorney to create your prenuptial agreement, the process is actually quite easy. The costs associated with hiring a lawyer to help you are not exorbitant, and having a prenup agreement in place can save you much, much more in court fees, if a divorce eventuates, than the cost of the creation of the document.

If you are considering a prenup, the attorneys at Sunshine Isaacson & Hecht are eager to help. Our team has extensive experience with these and other family law matters. Our proactive approach helps you prioritize goals, understand what you want to achieve, and get the results you’re after. Are you ready to get started? If so, contact our firm at (516) 352-2100.

Protecting Your Finances After a House Fire

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Protecting Your Finances After a House Fire

A house fire is a life-changing event. The recovery process is a long one that includes not only financial considerations but also emotional, psychological, and (in some cases) physical recovery.

In a perfect world, we’d never need to take care of clients dealing with a fire in their homes, but it’s a reality we face often. According to the Federal Emergency Management Agency (FEMA), New York is among the most dangerous states for house fires.

The steps after a fire will be crucial to getting you the value you’re owed for items that are damaged or lost. However, one of the biggest steps often happens before a fire.

Document your property

While every family should have a plan in the event of a fire, another aspect of that planning should include documenting the property you own. This could include having a ledger of your valuables and even pictures of various rooms and items within them.

If your insurance covers individual pieces of the property after a fire, you may need to provide some proof of the items you are claiming. The best way to ensure you don’t lose out on the value of certain items, be sure to have either receipts or pictures to prove ownership. Your insurance may provide exact replacements, full monetary replacement, or partial monetary replacement.

Work with your insurance company

Your insurance company can’t be expected to keep tabs on all the homes they insure, and there’s no guarantee anyone other than you will be responsible for contacting them. Get in touch with them quickly after the fire so you can start the official documentation, inspection, and recovery process.

This will be important because, sadly, insurance companies are going to do whatever they can to cut costs and often avoid paying you what you deserve. You should review the agreement you have with the insurance company which could include coverage of emergency shelter, daily expenses like food, and initial costs of basic necessities like clothing and transportation. Each policy is different, so you’ll need to understand what’s covered and what is not.

Reach out to assistance programs

A volunteer with the American Red Cross may show up at the scene to speak with you. They will document the number of family members who need assistance and will often offer you financial assistance to get you and your loved ones back on your feet.

There are other organizations that will help those in need recover, as well. The local chapter of Catholic Charities may have a fund for victims of house fires and can connect you with other organizations, even if you are not a Catholic.

Secure your home

One of the saddest things we’ll see with home fires is the predators who lurk in the days that follow. People will see a house damaged or totaled in a fire and look to break in to steal whatever scraps are left (this can include items that survived the fire, valuable materials like copper piping, and more).

You should attempt to secure what’s left of your home by boarding or blocking off all possible entryways. You may also consider putting cameras in place on the property around the home to deter and track possible criminals.

Contact an attorney

The right attorney can protect you from insurance fraud and get all of what you are owed after a devestating event like a house fire. At Sunshine, Isaacson & Hecht, we have unrivaled expertise and dedication to our clients. Contact us and let us help you through life’s most challenging events.

How to Seek Compensation for Oil Spill-Related Damages

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How to Seek Compensation for Oil Spill-Related Damages

In the wake of an oil spill, individuals and communities often find themselves grappling with the devastating consequences on their property and livelihoods. Seeking compensation for oil spill-related damages is a complex process, but with the right steps, you can navigate the legal landscape successfully. In this article, we’ll outline the essential steps to help you secure the compensation you deserve.

Understand the Lawsuit Process

The first crucial step is to familiarize yourself with the legal procedures involved in filing a lawsuit for oil spill-related damages. Consult local and federal regulations governing environmental disasters and understand the statute of limitations for filing a claim. Knowledge of these legal intricacies will lay the groundwork for a strong case.

Gather Evidence and Documentation:

Building a compelling case requires thorough documentation of the damages incurred. Take detailed photographs of affected areas, including property, wildlife, and ecosystems. Collect samples of soil, water, and air if possible. Keep a record of any cleanup or restoration efforts you undertake. Additionally, gather medical records if health issues arise due to the oil spill. This comprehensive evidence will strengthen your claim.

Prove Damages and Loss of Property Value:

To successfully seek compensation, you must demonstrate the direct impact of the oil spill on your property and its value. Engage professionals, such as environmental experts and property appraisers, to assess the extent of the damage and the subsequent depreciation in property value. A detailed report from these experts will serve as crucial evidence during the legal proceedings.

Hire an Attorney Specialized in Oil Spill Litigation:

Oil spill cases are intricate and require legal expertise. Sunshine, Isaacson & Hecht, can help specifically in oil spill litigation. We have a successful track record in handling similar cases. Our seasoned attorneys will guide you through the legal process, ensuring your rights are protected and maximizing your chances of a successful claim.

Determine Responsible Parties:

Identify the parties responsible for the oil spill, which may include oil companies, contractors, or regulatory bodies. Understanding the chain of liability is essential in holding the right entities accountable for the damages. Your attorney will play a crucial role in pinpointing and pursuing the responsible parties.

Negotiate or Litigate:

Once you’ve gathered evidence, assessed damages, and identified responsible parties, your attorney will help you decide whether to negotiate a settlement or proceed to litigation. Negotiation may lead to a quicker resolution, while litigation allows for a more comprehensive examination of the case in a court of law.

Stay Informed and Involved:

Throughout the process, stay informed about the progress of your case. Regular communication with your attorney ensures you understand the strategies employed and the potential outcomes. Your active involvement can significantly contribute to the success of your claim.

Seeking compensation for oil spill-related damages is a multifaceted process that demands meticulous planning and legal expertise. By understanding the lawsuit process, gathering compelling evidence, proving damages, and enlisting the support of a specialized attorney, you can navigate this challenging terrain and work towards securing the compensation you rightfully deserve. Call us now (516) 352-2100 and get more information about how we can help in this situation or download our guide on what to do if an Oil Spill happens to you or someone you know.

Five Tips for Driving on Icy Roads

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Five Tips for Driving on Icy Roads

With cold weather comes increased danger on the roads. Ice can turn otherwise perfectly good streets into extremely dangerous places. At Sunshine, Isaacson & Hecht, we have seen so many people severely injured in car accidents that were caused by or made worse by icy conditions. We don’t want you to find yourself in this awful situation, so we’ve compiled this list of helpful tips. We hope that this will enlighten those who have recently moved here from warmer places, and provide a useful refresher for those who are seasoned in the art of driving safely on icy roads.

Buckle up.

This one should be obvious. It’s the law, after all. We’ve heard older people claim they can’t get in the habit because they started riding in cars long before seat belts were commonplace. That’s no excuse! According to the National Highway Traffic Safety Administration, seat belt use in passenger vehicles saved an estimated 14,955 lives in 2017.

Know how to correct when you’re sliding.

If you’re sliding, do not hit your brakes. Instead, turn into it. But don’t overcorrect. Practice makes perfect, but usually you can avoid sliding altogether by slowing down.

Slow down!

Being a few minutes earlier is never worth risking your life. When roads are icy, you simply cannot go as fast as you would otherwise. If you’re worried about being late, don’t make up for it by speeding, just start leaving home earlier.

Know when conditions are too severe for driving.

It’s important to be able to recognize when the roads are just to ice for you to safely drive. The threshold for this is different for different people. If you don’t have much experience with icy roads, following this tip may mean staying home more often than you’d like. Your safety is worth it!

Don’t ride your brakes.

Brakes often lock in icy and snowy conditions, even if you have antilock brakes. You can make this less likely to happen by going easy with your brake usage as much as possible.

Injured? Contact Sunshine, Isaacson & Hecht.

Did another driver fail to follow these tips? If you have been injured due to someone else’s negligence on the road, the Sunshine, Isaacson & Hecht team is here to help. We have extensive experience with personal injury cases like yours. If you have any questions or want to get started to win the compensation you deserve, give us a call at (516) 352- 2100.

Understanding Navigation Law When You’re Exposed to an Oil Spill

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Understanding Navigation Law When You’re Exposed to an Oil Spill

At Sunshine, Isaacson & Hecht, we want New Yorkers to understand you’re not on your own after an oil spill. Oil spills can expose you to innumerable expenses, both financially and physically. These products can be harmful and it’s important to act quickly to protect yourself and your loved ones.

Many families don’t know where to go after an oil spill is found on their property or in their homes. The thing is, the law and the company that exposed you to the spill aren’t going to do the work for you. Whether you’re a homeowner or a business owner you’re going to need to find the right law firm to represent you and apply the law as required.

New York Navigation Law provides specific protection and recovery for victims of oil spills in New York. Many older (and even some new) New York homes and businesses use oil for heat, and it’s important to understand what Navigation Law is and how it applies when you’re exposed.

Navigation Law history

Article 12 of the New York Navigation Law is referred to as the “Oil Spill Act.” This was enacted in 1977.

The act puts strict liability on any individual or organization responsible for a petroleum spill. The environmental impact is far-reaching, so every single cost associated with the cleanup, removal, and recovery from the spill falls upon the discharger of oil. This includes direct costs such as the digging up of impacted soil as well as indirect costs such as moving costs for families forced out of their homes.

Types of spills covered

Anytime a property owner is exposed to oil because of a spill, it will likely be covered in some fashion under New York Navigation Law. Two main scenarios that impact homeowners across the state are when an oil company overfills an oil tank, leading to oil tank failure resulting in a oil spill into the ground posing an immediate risk to vital waterways. The other scenario involves non-oil tank equipment failure caused by a technician leading to oil seeping into the soil on or near your property.

When an oil company overfills an oil tank while filling a tank, there is a direct risk to your property any properties nearby. This could include a spill at a business using oil and at homes where oil is used for heat. When this happens, the protection afforded by the Navigation Law will protect you and your family but the oil company will never advise upo of this important law..

When there is equipment failure, the immediate impact is often less obvious. Unfortunately, some families are exposed for a long period of time before ever realizing it. These cases quickly rise in costs as excavation and relocation come into play when the rupture leads to oil exposure directly beneath your home. The New York Department of Environmental Conservation (DEC) will get involved because of the far-reaching impact of such a spill and possible exposures to the local water supply. The financial impact in this situation can be significant, but the health impact could be even more severe as oil releases Volatile Organic Compounds (VOCs) which are proven to be carcinogenic. You should leave your home until the premises are fully remediated and plan to remove and replace any exposed personal items.

Call Sunshine, Isaacson & Hecht

If you, your family, your home, or your business has been exposed to oil, call us. Jeffrey Sunshine with Sunshine, Isaacson & Hecht has over 25 years of experience covering these cases and recovering significant costs for oil spill clients.

Understanding the law is one thing, but knowing how to apply it in court is a whole other challenge. We have the experience to make sure you can focus on recovering physically and mentally while we help you recover financially. Nobody should be exposed to the serious risks associated with oil spills. Our unrivaled expertise and dedication stand alone when it comes to this type of practice. Contact our offices and let us get to work for you.

Understanding the Risks of Oil Tank Spills

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Understanding the Risks of Oil Tank Spills

Happy New Year from the Sunshine, Isaacson & Hecht family! In this edition of our blog we remind you that your home is your sanctuary, but did you know that an overlooked aspect, like the oil tank in your basement or in your backyard, could pose potential risks to both your health and the environment?

Let’s delve into the importance of understanding the consequences of oil spills from home tanks. Here are five environmental and health risks associated with these spills, shedding light on why proper maintenance and precautions are crucial. By being informed, we can take steps to ensure the safety of our homes and contribute to the well-being of our surroundings.

Soil Contamination:

Oil spills don’t just stay on the surface; they have the potential to seep into the soil. The toxic components of oil, including heavy metals and hydrocarbons, can persist in the soil, leading to long-term contamination. This not only affects the soil’s fertility but also disrupts the delicate balance of local ecosystems. Plant life can suffer, and the overall biodiversity of the area may be compromised.

Groundwater Pollution:

One of the most significant concerns is the possibility of oil reaching and contaminating groundwater. This is a critical source of drinking water for many communities. The infiltration of oil into the groundwater introduces harmful substances, jeopardizing the health of both humans and wildlife that rely on this water source. Contaminated groundwater can lead to severe health issues and ecosystem disruption. On Long Island, any oil spill is likely to reach groundwater.

Air Quality Issues:

When oil spills occur, volatile components such as benzene and other hydrocarbons can evaporate into the air. This has direct consequences for air quality in, potentially causing respiratory problems and other health issues. Individuals with pre-existing conditions, as well as the general population, may experience adverse effects from inhaling these pollutants. If the spill occurred in your home or basement, the air quality in your home can be negatively impacted.

Damage to Wildlife and Aquatic Ecosystems:

Spilled oil has devastating effects on nearby water bodies, coating surfaces and suffocating aquatic life. The toxic nature of oil poses a significant threat to fish, birds, and other wildlife. The disruption of aquatic ecosystems can have far-reaching consequences, impacting the entire food chain and biodiversity of the region.

Fire and Explosion Hazards:

Beyond the environmental impact, oil spills create immediate safety hazards. The spilled oil can create flammable conditions, increasing the risk of fires and explosions. This not only endangers residents but also poses a threat to emergency responders. The combustion of oil releases toxic fumes, exacerbating the potential harm to human health and air quality.

Understanding these risks empowers you and us at Sunshine, Isaacson & Hecht, to take proactive measures. Regular maintenance, timely inspections, and adherence to safety guidelines can significantly reduce the likelihood of oil spills from home tanks. By doing so, we not only protect our homes and the people inside our homes, but we also contribute to the preservation of a safer and healthier environment for all. Let’s work together and call us at (516) 352-2100 for more information about prevention and if you or someone you know has been affected by an oil spill let’s talk about how to proceed and get compensated.

Three Steps to Take If Your Ex Stops Paying Child Support

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Three Steps to Take If Your Ex Stops Paying Child Support

If you have custody of your child or children, the court likely directed the other parent to pay child support. It can be extremely difficult to raise a child on a single income, so for many divorced custodial moms and dads, child support payments are a major lifeline. But what happens if the payments suddenly stop?

Unfortunately, this happens quite frequently, for a variety of reasons. Maybe your ex has been facing some health issues and is putting all of his or her money towards medical bills. Maybe your ex got laid off and is looking for a new job. Or maybe, sadly, he or she is just tired of paying and wants to see if he or she can get away with putting the responsibility aside. No matter their situation, you have remedies with the court!

If you do not already have an order for child support because the other parent was previously paying you based on a verbal agreement or voluntarily, you can and should ask the court for an award of the child support to which you are entitled. It is difficult to enforce agreements, but easy to enforce court orders. Without a court order, technically, the other parent has no legal obligation to make payments.
If you have a child support order and he or she is not paying, you can now seek the Court’s help to enforce the order. Enforcement can mean that the parent’s paycheck is “garnished” and support is sent directly to you by his or her employer, it can mean that a government agency will monitor and collect from the other parent and then pay you, it can even mean that the other parent will be incarcerated in jail until such time that he or she pays you what you are owed. Other remedies including seizing a parent’s property (such as an automobile or even a boat), intercepting income tax refunds, and suspending the parent’s driver’s license.
There are different legal mechanisms to make #2, above, happen. Knowing the right one, what you need to say and ask for, which court to go to, and how to get from Point A to Point B, so that the money ends up in your hands, are the questions that you need to ask an attorney.

Who can help?

If you are dealing with an ex who won’t pay child support, or any other family law matter, the attorneys at Sunshine Isaacson & Hecht, LLP can help. To get started, give us a call at (516) 352-2100. We even offer a free consultation for new clients. So don’t hesitate — call today!

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