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In New York divorce proceedings, the spouses’ marital assets are divided using the process of equitable distribution. This involves the court’s weighing of several factors to determine a fair but not necessarily equal split. One of the factors considered is whether either spouse is at fault for wasteful dissipation — that is, deliberately squandering, concealing… Read More »

Driver fatigue is a well-documented cause of motor vehicle accidents, particularly in the commercial trucking sector where drivers are on the road for long hauls. The Federal Motor Carrier Safety Administration (FMCSA) estimates that driver fatigue is a factor in about one in eight large-truck crashes. According to the Large Truck Crash Causation Study (LTCCS),… Read More »

In deciding to end your marriage, you and your spouse may agree on the big picture, paving the way for an uncontested divorce. If you’re eligible, this route can save significant time and expense and avoid emotional strain. Nevertheless, there are good reasons not to proceed without an attorney. Specific criteria must be met to… Read More »

When a doctor or other healthcare professional is sued for medical malpractice, the evaluation of the correctness their actions is traditionally based on prevailing practices among peers in the same field. If those actions were in accord with those of their colleagues, they could evade liability. However, this may change radically due to a recent… Read More »

Going through a divorce is a deeply personal and often painful process. As you deal with your own emotional issues, you undoubtedly want to protect your children from distress. However, it’s important to realize that children deserve to know what is happening so that they have an opportunity to cope and adapt in healthy ways…. Read More »

In New York State, passengers hurt in automobile crashes can pursue compensation in a number of ways. Your ability to recover damages depends on a number of factors, including who was driving the vehicle, their insurance coverages and the seriousness of your injuries.  New York is a “no-fault” insurance state, which means there are specific… Read More »

In New York, child support is a court-ordered payment intended to cover a child’s basic needs, such as food, clothing, shelter, and basic educational expenses. Parents need to understand which costs related to child rearing that are not covered by base child support, and which types of expenses are considered add-ons, which are shared proportionately… Read More »

In personal injury lawsuits, two main types of damages may be recovered — economic and noneconomic. Economic damages cover quantifiable losses such as medical expenses, lost wages and other out-of-pocket expenses. Noneconomic damages, on the other hand, compensate for intangible losses that do not have a specific dollar value. These include pain and suffering, emotional… Read More »

In New York, when parents have joint physical custody of a child after a divorce, each of them is entitled to parenting time as prescribed in a plan adopted by the court. However, what happens if a child — for whatever reason — decides they don’t want to adhere to the parenting time schedule? A… Read More »

If you have suffered injuries in an accident because of someone else’s negligence, you deserve compensation for your immediate and long-term losses. However, your ability to recover damages can be affected by the existence of pre-existing health conditions — that is, prior medical issues presenting symptoms similar to those claimed to have been caused by… Read More »