Hit and Run

On September 14, 2016, in Message/News Board, Motor Vehicle Accident, Personal Injury, by Timothy B. Prakope, Esq.

Hit and Run

We tend to not think of hit and run car accidents as a major issue in New York.  Unfortunately in a large city such as New York, there are many selfish people living amongst us as we go about our daily lives. We often take our own safety for granted when we go for a casual stroll at night to the corner store to grab a late-night bite to eat. Tragically, a casual late-night stroll can end someone’s life and shatter a family. Sadly, this is what happened in Cypress Hills Brooklyn when Israel Turcios and his friend Delmer Maldenado went out for a bite around midnight. The two men, both fathers, were run down by a selfish, depraved person that ran away from the scene of the crime. Not only did this selfish individual leave two men dying on the street, he left two families shattered into pieces. ABC News reports that the search is on for this depraved individual who is still on the loose after this hit and run incident.  The story can  be read here.

In large cities such as New York and the five boroughs, nightmares like this occur more frequent then they should. When you or a loved one are the victim of a crime such as a hit and run, you need someone fighting on your side. You need someone that will help you put the fragmented pieces of your family back together. Call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to a personal injury attorney.

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Pedestrian Knockdown

Nassau County Foreclosure Defense

On September 7, 2016, in Bankruptcy, Foreclosure, Litigation, by John A. Weber IV, ESQ.

Nassau County Foreclosure Defense cases have several steps.  Knowing the procedure of the foreclosure case can dictate which steps should be taken at any particular moment throughout the course of the litigation.  The following is a quick summary of the options that may be available in a Nassau County Foreclosure Defense case after the summons and complaint have been served on the home owner.

Gathering information necessary to the defense of the action is probably the most overlooked and underrated step that both pro-se litigants and attorneys make in defending foreclosures.  Simple research such as ordering a foreclosure search should be part of the due diligence undertaken prior to litigating.  Other methods such as discovery devices can be used to gather additional information during the pendency of the foreclosure litigation.

Responsive pleadings including affirmative defenses and counterclaims where applicable should be filed in a timely fashion.  Responsive pleadings in foreclosure actions will often depend greatly on the information gathered about the property and circumstances surrounding the loan origination and servicing.

Motion practice can be used as part of a foreclosure defense strategy.  Motions can accomplish several goals that can be of great importance to the preservation of the home owners rights.

Chapter 7 Bankruptcy should also be discussed as part of a comprehensive foreclosure defense strategy.  Deciding on the appropriate time for filing of a Chapter 7 Bankruptcy to aid in a foreclosure defense will depend on a myriad of factors.  Some cases dictate that a Chapter 7 should be filed prior to responsive pleadings.  Some cases dictate that Chapter 7 should be filed after settlement conference negotiations have broken down.  Other cases dictate that Chapter 7 will be of no use to a home owner in foreclosure.

Chapter 13 Bankruptcy is an extremely useful tool for foreclosure defense planning.  Chapter 13 filings are often times more effective earlier in the process for certain logistical reasons.  If the default in mortgage payments were in the not to distant past, the use of Chapter 13 is more likely to be successful.

Federal loss mitigation applications should be considered when weighing bankruptcy options.  For its brief existence, this program seems to be very successful and worth the effort to apply.

Please understand that loan modification applications should be submitted in completed form as quickly as possible to initiate loss mitigation negotiations.  This is not separate from any of the options listed herein for foreclosure defense, but rather as a supplement.  As always, case specific facts will determine which options each individual will proceed with after detailed discussions with an attorney.

Foreclosure Defense Attorney in Nassau County

If you or someone you are concerned about are facing foreclosure, call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 today. Remember, successful litigation is no accident.

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Mortgage Forgiveness and Bankruptcy

Loss Mitigation and Loan Modification in Bankruptcy Court

(Image from ABC7ny.com)

An out of control car caused a Nassau County bus stop crash.  Four people were injured in the crash as reported by News 12. Faulty equipment and failure to maintain a motor vehicle can lead to accidents like the one in New Hyde Park when a blown tire caused a car to crash into a bus stop.  People may not realize that, depending on the reasons for the tire failure, the owner and driver can be liable for injuries caused by faulty equipment or maintenance failures in New York motor vehicles.

Many times, car crashes and the resulting liability is clear cut.  Other times it is very difficult to determine where the fault lies in car crashes.  Juries are taxed with the burden of deciding how to apportion fault in personal injury trials.  It is almost impossible to predict jury outcomes and any lawyer will tell you that.  Therefore it makes logical sense to spend time maintaining your motor vehicles and do your very best to avoid preventable car crashes.

Personal Injury Attorney in Nassau County

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

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A pedestrian knockdown is one type of personal injury case that is growing in number on Long Island.  A pedestrian knockdown is when an individual is struck by a motor vehicle and suffers injuries.  A pedestrian knockdown does not necessarily imply criminal conduct such as that in a hit and run, texting while driving or DWI incidents; although they can.  Often times, pedestrian knockdown cases arise out of nothing more than a mere accident.  Just the latest example of this type of accident occurred in Copiague and was reported by News 12.

Whether arising out of criminal conduct or not, pedestrian knockdown cases almost always result in personal injuries.  It is common sense that the human body is not built to withstand an impact from a motor vehicle in motion.  Therefore, when a pedestrian knockdown occurs, the victim has anxiety and a lot of questions.  It is important to understand that a personal injury attorney can assist you in answering questions such as how to seek medical advice, whose insurance pays for medical treatment, how liability for the accident is assessed and determining if a personal injury lawsuit should be commenced.  Having answers to these questions will allow the victim to focus all of their energy on recovering and calm the concerns of their family.  Most people often underestimate the importance of consulting with a personal injury attorney.  It is important to remember that being injured in an accident is very traumatic and scary.  The experience is exacerbated by not knowing how to handle the “fall-out” from the accident or lessened by having people around you who do.

Personal Injury Attorney in Mineola

If you or someone you are concerned about have been injured in a motor vehicle accident of any kind, especially a pedestrian knockdown, call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 today. Remember, successful litigation is no accident.

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Motor Vehicle Accident Injuries

Passenger Injured in Motor Vehicle Accident

 

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