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

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.

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.

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

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