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!

Sunshine, Isaacson & Hecht Secures Major Victory for Victims of Oil Spills

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Sunshine, Isaacson & Hecht Secures Major Victory for Victims of Oil Spills

In the past, victims of oil spills had limited options for recouping certain costs that come with recovering from a spill. This led to unfair situations where plaintiffs had to not only take the time out of their busy lives to focus on their case but also spend money out of pocket for certain legal fees.

Now, thanks to a recent appellate court ruling for our client, victims of spills will no longer be on the hook for these fees. It’s important for other victims to know about this case and how it further defines the plaintiff’s rights under navigation law.

The initial case

In the initial case in 2017, our client was forced from their New York home after the discovery of oil that was channeling under the home. The oil was found directly under their living room – which meant remediation was only possible by drilling directly through the middle of the home.

After admitting to a navigation law claim, Petro Home Services ended up on the hook for the full value of the home (above market value), buying back the property that had been rendered unlivable for our client. This allowed our client to be made whole from the damage and subsequent move away from the home.

However, one issue still remained for our client: legal fees. In navigation law cases, clients often can’t afford to pay hefty legal fees and instead use a “contingency fee” to cover these costs. Contingency fees are an agreement by the client to provide a percentage of any final judgments or settlements to their attorneys instead of paying money upfront.

The latest case

The resulting legal fees from the initial case ended up being $90,000. If a plaintiff in an oil spill case recovers the entire value of their home but is left to pay sums such as this, there’s still a major loss to no fault of their own.

Thankfully, the appellate court further defined the plaintiff’s rights under navigation law, rewarding just over $90,000 to be paid by Petro Home Services. This sum covers the legal fees, illustrating that not only are defendants in these cases responsible for damages but also legal fees.

The court cited Navigation Law § 181(1) which states “[a]ny person who has discharged petroleum shall be strictly liable, without regard to fault, for all cleanup and removal costs and all direct and indirect damages, no matter by whom sustained.” The court identified two previous cases, Starnella v Heat and Fuchs & Bergh, Inc. v Lance Enters., in which “indirect damages” included attorney’s fees incurred by the property owner against the “discharger in such an action.”

Sunshine, Isaacson & Hecht is further expanding a plaintiff’s recovery with this recent decision from the appellate division, providing a better illustration of what plaintiffs are entitled to under the statute. Whether you’re a homeowner or a small business owner, we will stand by you and get you the recovery you’re owed when faced with an oil spill. Contact us today for a free consultation.

Need help today? Get in touch for a free case evaluation.

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