Grieving Families Act

Grieving Families Act Senate Bill S74A

New York Law continually adjusts for our state’s citizens frequently; these laws are intended to provide fair and just legislation within a variety of circumstances. As laws change every day; laws expand, and laws shrink, our responsibility is always in the best interest of our clients.

Currently, one of New York’s laws regarding wrongful death lawsuits is awaiting the governor’s signature to be amended. The changes discussed are favorable for wrongful death lawsuit plaintiffs. If the Grieving Families Act is signed into law, the class of plaintiffs who can bring claims will be expanded as well as the categories for damages.

THE GRIEVING FAMILIES ACT

The “Grieving Families Act” (“GFA”) is set to significantly expand compensable damages in wrongful death actions. Currently, compensable damages in these types of actions are limited to pecuniary loss only, such as pre-death medical expenses, funeral expenses, and loss of financial support.

The GFA modernizes the current wrongful death statute in New York, which has been in place since 1847. The bill acknowledges that the damages caused by losing a loved one are not limited to the financial support received from their paycheck, but also involve the losses that take an emotional and psychological toll on those left behind.

If signed into law, the GFA would permit:

• recovery of damages for emotional loss when a tortfeasor is found liable for causing a death
• recovery by close family members including, but not limited to, spouse or domestic partner, children, parents, grandparents, stepparents, and siblings. “The finder of fact shall determine which are close family members based upon specific circumstances relating to the person’s relationship with the decedent”
• Replacement of distributes with persons for whose benefit the action is brought
• Taking immediate effect and will also retroactively apply to pending cases

SIX CATEGORIES A PLAINTIFF MAY CLAIM COMPENSATION FOR:

• Funeral expenses
• Reasonable medical expenses
• Grief or anguish caused by the death and for any disorder caused by grief or anguish
• Loss of love, society, protection, comfort, companionship, and consortium resulting from the death
• Monetary injuries including loss of services, support, assistance, and diminishment of inheritance; and
• Loss of nurture, guidance, counsel, advice, training, and education

Proponents of the GFA advocate that this new law will expand the compensable damages categories, as well as expand the number of deserving individuals who can make claims to recover for the wrongful deaths of their loved ones. Opponents argue that this law will drive up the cost of insurance premiums and negatively impact consumers, businesses, and ultimately taxpayers as well as encouraging inflated damage awards to a new class of plaintiffs.

We at Daniella Levi & Associates, PC are strong advocates for the signing of this bill into Law.

About Daniella Levi & Associates P.C.

After a serious accident, many people are in desperate need of the financial support that comes from a successful result of their personal injury claim. To ensure that you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

At Daniella Levi & Associates, P.C., headquartered in New York City, we believe strongly in upholding the rights of accident victims. We are dedicated advocates for our clients, fighting, and using every available resource, to obtain the compensation they deserve.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

source https://levilawny.com/grieving-families-act/

Back to School – Safe Driving Tips to Stay Accident Free

Back to School – Safe Driving Tips to Stay Accident-Free

With the start of a new school year comes a renewed focus on safety. Parents and teachers alike are reminding students to take extra care when walking, skateboarding, or riding their bicycles to school. This is also the time for drivers to re-acquaint themselves with safe driving practices. Autumn can be one of the most dangerous times to drive, and back to school brings with it a unique set of hazards.

Safe driving tips to stay accident-free

As children head back to school, drivers need to remember to be extra cautious. This time of year brings increased traffic due to the presence of students, bicycles, and pedestrians. It’s also a time when parents are likely to be in a hurry to drop off their kids at the bus stop. Following these tips will help keep everyone safe.

When passing a school bus, make sure you not only have the right of way but also give yourself enough space. School buses are slower than cars, so allowing yourself a good following distance will help avoid hitting a bus. School bus stop signs are strictly enforced and heavily fined if you fail to acknowledge them. Drivers need to slow down for school buses with flashing lights. Remember that yellow and red flashing lights are considered stop lights, so drivers must slow down and pay extra attention to the bus before turning.

Distracted driving increases the risk of an accident

Distracted driving is dangerous and increases the risk of an accident. It causes 10 percent of car crashes and 18 percent of injuries. However, the exact toll of distracted driving is still unknown. This is mainly because investigators have a hard time determining the exact level of driver distraction. Wireless device records are only available in the most serious accidents, and drivers may not admit they were distracted at the time of the crash. Furthermore, police may be unable to determine whether the distraction contributed to the accident. As such, current estimates are likely to be underestimated.

While most Americans understand that driving while texting or talking on the phone is dangerous, some still do it anyway. A recent survey by AAA Traffic Safety Culture Index found that 81.1% of respondents find texting or talking on the phone unacceptable, yet forty percent said they had done so at least once. In addition, a recent survey found that nearly one-third of drivers have either read or sent emails while driving.

Refrain from road rage

Road rage is dangerous behavior. You should always avoid engaging in a confrontation with another driver. Engaging in an argument with a driver will only escalate the situation and may lead to further violence and danger. Instead, refrain from eye contact and gestures, and do not speed up to pass the offending driver. The safety of you and your passengers is more important than teaching someone a lesson. When road rage strikes, take a deep breath and try to relax.

Road rage is often caused by an emotional crisis. This could include a recent job loss, the loss of a girlfriend, going through a divorce, or an illness. If you are in a state of rage when driving back to school, it may be best to keep your temper to yourself. If you feel like expressing your anger, make the responsible decision to express it not when you are operating a vehicle. Also, allow yourself ample time to travel, a rushed parent on the way to school or work can be the cause of many accidents.

Allow extra distance when driving behind a bus

To stay safe when driving behind a bus, it’s important to leave extra space. Large vehicles can be hard to stop and are more difficult to see than smaller vehicles, so always allow extra space when driving behind a bus. Also, make sure to stop at railroad crossings when necessary. And, as a final note, remember that buses must stop for railroad crossings as well.

The most common accident involves a rear-end collision, which occurs when drivers don’t have enough time to react. By increasing your following distance, you’ll have ample time to react to potential problems before the other vehicle hits your car. It’s easy to measure the distance between two vehicles by comparing the rear bumper to an overhead road sign or roadside object and then multiplying that distance by three.

Carpooling reduces congestion

As millions of students head back to school, drivers need to be extra cautious, especially in school zones. According to the Department of Transportation, Vision Zero data (www.vzv.nyc) there are over 28K traffic crashes and 145 fatalities so far this year (as of 7.31.22)  Fortunately, there are a few simple safety tips that will help keep you accident-free and on the road.

Drivers need to be aware of bus stops and children walking to school. Most schools have designated drop-off and pick-up areas, so drivers should follow those procedures. In addition, parents should call individual schools to find out where to park. Drivers should not pass school buses when their red lights are flashing.

Many of these tips feel like common sense and we all can take steps to make our city streets safer for us and our children. If you or your loved one was involved in a school-related traffic accident, contact our office for a consultation to evaluate if you have a case.

About Daniella Levi & Associates P.C.

After a serious accident, many people are in desperate need of the financial support that comes from a successful result of their personal injury claim. To ensure that you have the best chance at obtaining the compensation you deserve, your lawyer should be just as invested in your case as you are.

At Daniella Levi & Associates, P.C., headquartered in New York City, we believe strongly in upholding the rights of accident victims. We are dedicated advocates for our clients, fighting, and using every available resource, to obtain the compensation they deserve.

Daniella Levi & Associates P.C. has 3 Locations in NYC: Levi Law Queens | Levi Law The Bronx | Levi Law Mineola

source https://levilawny.com/back-to-school-safe-driving-tips-to-stay-accident-free/

Someone Broke Into My Car at the Grocery Store. Can I Sue the Store?

You park your car, grab your bags, hit the lock button on the key fob, and dash into the store for just a few items, but when you run back out again – hands full – you discover your car has been broken into! What do you do? Who do you call? There aren’t any witnesses around… is it the store’s fault?

Sadly, the answer is more than likely no. Unless the store had prior notice of an unusual number of break-ins in their lot for the time period immediately prior to your car’s damage and they did not take reasonable action in response to them, it is very difficult to hold them responsible. If, however, your vehicle was harmed as a result of the facility’s neglect or misconduct and/or they did not act with the care necessary under these circumstances, you may have a legitimate negligence claim.

Immediately following the discovery of damage or theft from your car in a grocery store parking lot, call 911 and notify store management. Ask to see if they have any security cameras of the area where your car was parked, and scan for witnesses who may have seen something and can provide an eyewitness account of the incident. Take photos of the area and the damage as you discovered it. Ask the store to fill out an incident report and request a copy to provide to the police and to your automobile insurance company. You’ll want to contact them to inquire how they recommend handling the damages, and you’ll want to call the legal professionals at Daniella Levi & Associates, P.C.

We are dedicated advocates for our clients, fighting to get to the truth of what happened and using every available resource to obtain the compensation they deserve. We are proud to provide personal attention through our team of dedicated professionals, aggressive advocacy, open communication, and caring guidance. We understand the fundamentals of automobile insurance, personal loss, and financial challenges that arise following an incident resulting in unexpected damages. We work with you and for you to help you recover that which you deserve.

Seldom does the store readily assume responsibility. Proving negligence on their part can be difficult. Your committed legal specialists at Daniella Levi & Associates, P.C. are uniquely qualified in the state of New York to pursue those at fault for your losses, ensure quality repair to your damaged vehicle, and get you safely back on the road as soon as possible. We will reconstruct and analyze the conditions that led to the damage to your vehicle in order to acquire the maximum compensation for the harm you’ve sustained and any losses from theft you may have incurred. Our mission is to make you – and your vehicle – whole again.

With more than 75 years of combined experience, Daniella Levi & Associates, P.C. have successfully recovered more than $100 million for our valued clientele. We ask nothing of you to take your case, and we never collect anything unless we recover compensation on your behalf. If your car was broken into in a grocery store parking lot, give us a call today.

source https://levilawny.com/someone-broke-into-my-car-at-the-grocery-store-can-i-sue-the-store/