Passalacqua & Associates

The appeals process can appear daunting without years of experience in these matters. If you are overwhelmed by a verdict and want to learn more about what your options are, we will break it down below.

There is a basic framework for the appeals process in New York. Determining which court you need to file your appeal to is the first step. Filing a Notice of Appeal initiates the process, and you have a certain window in which to file this form in order for you to be within your right to an appeal. Asking the court to stop the enforcement of the original judgment may be necessary as well, which we will discuss further in the next section. The next step is referred to as Perfecting the Appeal and entails preparing all the necessary documents in order to assign a court date. The Appellate Court will then navigate the case and submit for a decision, and upon them reaching a decision, they will submit a written decision to you.

Contact us today to learn how we can help you with each step of the process and get it handled the first time appropriately, saving you more unnecessary stress and time. Call (315) 500-6425 for a free strategy session and to learn more about how to get started.

What Can I Expect During the Appeal Process?

Different courts handle different charges/appeals, and determining where to start to save time or mistakes is of great benefit to you. You can also ask the court to stop the enforcement of the original judgment. Filing a Notice of Appeal in itself doesn’t stop the enforcement of the original charges, and if you ignore what you were ordered to do, it can lead to costly problems.

Perfecting the appeal is the part of the process where you finalize the preparation necessary to place the appeal case on the Appellate Court calendar. This includes gathering required paperwork from the original trial, additional facts, and anything else your experienced appellate lawyer deems relevant in preparation.

What is the Final Part of the Appeal Process?

On the scheduled court date, both sides will have an opportunity to share their side, called an oral argument, although an oral argument isn’t necessary for all appeals. The courts then begin the process of deciding the outcome, which they will then submit to you in writing. They can modify the original judgment, submit specific instructions for a new trial, or in some cases, overturn the original findings and dismiss the case entirely.

We are a group of trusted and experienced lawyers that can help you with your appeals case from beginning to end. Contact us at (315) 500-6425 for a free strategy session regarding your specific case and how we can help.

The DMV can issue a Conditional License to a qualified driver whose New York State license has been suspended or revoked due to a drug-related or alcohol violation. If you qualify, this license allows you to drive legally, following certain limitations.

The driver must enroll in an Impaired Driving Program, or IDP, and complete the course. If there are further clinical assessments or treatments necessary, these must be completed, as well as the entire course, to be eligible to receive your Driver’s License back after the appropriate time has passed.

Contact us at (315) 500-6425 to learn more about what your options are, what you need to do to make sure you are compliant, and how they can help you with your specific questions.

What Are The Limitations on the License?

There are several guidelines in place to remain compliant while driving with a Conditional License. Read below to learn more.

If the driver has a CDL or Commercial Drivers License, that is not valid with a Conditional License. This means is you drive a larger vehicle or a commercial vehicle, you are not legally able to operate it during this time.

You can drive to and from a Motor Vehicle office in order to remain compliant with your IDP, to and from work, and, if required by your work, you may operate a vehicle during business hours as it relates to your employment. You can drive to and from classes or activities required within your IDP, to and from classes at an accredited college or university (this does not include driving to and from high school). You can drive to and from a child’s school or daycare if it is deemed necessary. You can drive to and from a medical appointment for yourself or a family member if it is deemed necessary, and you are required to carry a written statement from your doctor explaining the nature of the appointment in case you are stopped while driving to or from said appointment.

There are other specific instances in which driving is legal, all of which will be stipulated in the Conditional License/Driving Privilege Attachment that is issued to you.

What Happens if I’m Caught Driving Where/When Prohibited with my Conditional License?

There are a few instances in which your Conditional License can be revoked. If it is proven that you are in violation of the where/when you are able to drive that is specifically listed, this can result in revocation. If you are dropped from the IDP program, your conditional license will be revoked. If you are convicted of another moving violation, such as a seatbelt violation or issues with a cell phone or child safety seats, this can also result in revocation. Also, if you are convicted again of a drug-related or alcohol-related charge while you have a Conditional License, this can result in revocation and other charges.

When Do I Get My License Back?

Typically you can obtain your license back after 60 days. If you avoid violations and remain compliant with your IDP program, you can generally assume this two-month timeframe to obtain your regular Driver’s License back.

Our law firm has helped many people just like you with their cases involving a Conditional License. They are here to assist you as well. You can rely on a trusted team to answer your questions, help you to make sure you are compliant with your IDP, and move forward. Contact us today at (315) 500-6425.

If you have been granted an appeal in your case, there is likely cause to celebrate. There are a few things that can happen upon appeal and what that means for you. In most cases, the appellate court will remand the case back to the lower courts with specific instructions as to how to amend the errors made in the original case.

If these errors were a direct cause for the wrong verdict, the appellate court could order a new trial. In some cases, the appellate court can overrule the case entirely and dismiss the original case.

We have a team of trusted attorneys that are prepared to assist you in your appeals process from start to finish. You can lean on our experience in helping people just like you through the necessary steps and what to expect at each turn. Contact us at (315) 500-6425 for a free strategy session and to learn more about how we can help.

What if a New Trial Is Issued?

In most cases, as mentioned above, the appellate court will issue a new trial with specific instructions to the lower courts on what needs to be addressed to revisit the case. There can be specific steps outlined before going to trial as well, with the idea in mind that the new trial will address what was missed or handled in error during the original trial. This does not guarantee that the verdict in the retrial will be not guilty. In most cases, however, it can mean that the outcome or charges can be less than the original trial.

What if the Appellate Court Overrules the Original Judgement?

In some cases, the courts will overrule the original judgment and dismiss the case. In this situation, the appellate court’s decision takes the place of the original ruling and dismisses the original case. These outcomes are rare, but if they do occur, it means that the party is not guilty, and the charges are dismissed entirely.

Why Do I Need a Lawyer?

Appeals can take a considerable amount of time, and each step needs to be followed with specific accuracy to ensure the appeal is handled properly and in a timely fashion. This intricate process can prove to be challenging without years of experience in dealing with appeals and the necessary knowledge to navigate them.

At our law firm, we have years of combined experience dealing with appeals cases, and you can count on us to help guide you through the process. Contact us today at (315) 500-6425 to get started.

You may have come across accidents involving semi-trucks in the past where the truck and trailer appear to be going in separate directions. The truck or trailer may also be overturned, as is sometimes the case. This is a result of the Semi-Truck getting into a jackknife situation. Multiple things can cause this to happen, which we will discuss further below.

If you have been impacted by a jackknife accident and would like a strategy session with a trusted team of attorneys, contact our law firm today at (315) 500-6425.

What Causes a Semi-Truck To Jackknife?

There are multiple scenarios that can cause a semi to jackknife.

Speeding is one of the main causes of these accidents. Even empty trailers attached to semis are extensively heavier than average vehicles on the road. If the trailer is loaded down, this can add tons of weight, and if the truck needs to slow down abruptly, the trailer and truck sometimes slow down at different speeds, causing the trailer to push up towards the front or in a different direction than the truck itself.

If inclement weather is in the area, this can be the main cause of these accidents as well. Whether the driver is experienced or not, sometimes weather-related issues on the road can cause even the best drivers to end up in situations they wouldn’t normally be in. Several of the operators of semi-trucks travel long distances, crossing into and out of multiple weather systems, causing their risks to be higher.

Substantial training and rest are incredibly important for operators of these vehicles. Just as they are important to those of us driving average-sized vehicles, when operating something on a much bigger scale, reaction times are different and make preparation, training, and rest imperative for safety.

Brakes malfunctioning can also cause these instances to occur. Axles can lock up due to brake malfunction (this can also happen due to inclement weather), causing the trailer to move out of alignment with the truck and causing the truck to jackknife.

Can Improperly Loaded Cargo Cause a Truck Accident?

What the trailer is hauling is also important to safely operating a truck and avoiding a jackknife situation. If the weight is distributed improperly, a natural imbalance occurs and can cause the trailer to shift erratically. Similarly, if the cargo isn’t secured properly within the trailer and shifts while the truck is moving, this can end in the same result.

Why Do I Need Attorneys?

Chances are, if you are involved in one of these accidents, you have a long road to recovery, and it is important to have experienced representation from the beginning. Having a trained team to help you understand your rights and what to expect moving forward can be invaluable. Contact us today at (315) 500-6425 to learn more about your options and how to get started.

It is not uncommon in America to deal with debilitating disabilities, preventing you from working to provide for yourself or your family or causing you to live a life less fulfilled than you imagined. Social Security Disability Insurance or SSDI is in place to help people just like you. So, where do you start? There is a ton of information available to you, but below are 10 things we think are helpful when starting this process. At our law firm, we are happy to help to answer any further questions and assist you in this process. Call us today at (315) 500-6425.

What Are Some Helpful Tips To Know With SSDI?

First and foremost, you can and should apply for SSDI benefits as soon as you become disabled. There seems to be a myth regarding a waiting period to apply for benefits, and that is not the case.

It is likely that your application will be denied. Don’t be discouraged. It can actually be common, and you can appeal this decision in order to obtain benefits.

However, you can increase your chances of approval by being substantially prepared. You should have a thorough journal of the dates when your disability began, what happened, the process that you have gone through in an attempt to regain your life since your disability, and how the disability is affecting your day-to-day life.

While not required to have legal representation, it can greatly increase your chances of approval. There are specific rules in place, and it’s not uncommon to be denied on the first application. Lean on the collective experience of attorneys to streamline the process for you.

You will need to provide proof of your disability. Having paperwork documenting your medical visits and what your medical record state is going to be required, so having all this at hand when applying is crucial.

There are requirements surrounding your past/current work that must be met in order to be eligible for benefits. The duration of your recent employment and the quarters that you have worked will be factored in to determine if and what you are eligible for.

SSDI benefits are calculated based on your average earnings over a period of time. The SSA uses a formula based on your average earnings to establish your PIA or Primary Insurance Amount.

If you receive workmen’s compensation, public disability benefits, or income from a government pension, it may reduce your SSDI benefit.

You may be able to receive retroactive payments. Once approved, you may be able to request payment from the date of the disability and forward, and if eligible, you could receive these prior payments.

The average person qualifies for about $1,200 a month in benefits. This number can vary greatly, as each situation is different, but as an average number, you can expect an amount within this range.

We hope this helped you to gain some knowledge of the SSDI process. Our law firm is happy to help you with this process, streamline the steps for you and increase your chances of approval. Contact us at (315) 500-6425 regarding your specific case and how we can help.

Accidents happen. All too often, unfortunately. Construction sites are known for unfortunate accidents leading to injury and, at times, death. This goes for road construction, building, industrial or commercial constructions, etc. The risks involved in any of these sites throughout the US are prevalent. What is unique about parts of New York is that the “typical” construction sites are much more ambitious (think highrises, larger crews involved, tight schedules) and, therefore, riskier, than they are in other parts of the state and the country.

Have you found yourself in a situation due to an accident, and you would like to learn more about your rights and what you can expect?

We are here to help. Contact us at (315) 500-6425 to learn more about how we can help you with your specific case.

What are Some Common Types of Construction Accidents in New York?

Fall accidents are typically the most common construction accidents in the entire country, including New York. There are multiple safety measures in place to avoid this, and safety is incredibly important on any and all construction sites due to the risky nature of the work. According to the Occupational Safety and Health Administration, OSHA falls on construction sites are the most common cause of death in New York.

Falls can occur not only from tall surfaces (highrises, scaffolding, etc.) but also lower to the ground, such as off a large piece of equipment or into an unprotected hole or trench.

The second most common construction accident is being struck by an object. In some cases, this can lead to death as well. Equipment can malfunction, people can get caught between two large pieces of equipment and be crushed, loose materials can fall and strike the employee, and vehicles or heavy equipment on the site can run over employees as well without proper safety measures in place.

Electrocution is another leading cause of accidents and deaths on construction sites. Some sites have faulty wiring or wiring that is improperly grounded, leading to electrocution. Other causes are wet conditions or working too close to power lines without the proper safety precautions in place.

How Else Do Construction Accidents Happen in New York?

Scaffolding Injuries are another common cause of injuries and deaths on construction sites. Scaffolding can become damaged over time and malfunction, it can endure damage when moving from one job site to another, and it can be assembled improperly, making it unsafe. It can also become incredibly unsafe due to weather conditions. As the weather changes, the surface can become slippery and create another safety hazard.

Heavy equipment injuries are another main cause of accidents on the construction site. Having experienced operators trusted to run the equipment well and safety must be a priority, but with deadlines and, in some cases, insufficient training, things can go wrong quickly. Workers can be caught in between or below the heavy equipment, causing injury or death.

Why Do I Need an Attorney?

No matter the details that led to your accident, our team has years of vast experience in these cases. Let us help you understand your rights and what to expect moving forward. Contact us today at (315) 500-6425 to learn more about your options.

Are you over the age of 55 and struggling to continue to work at the level you used to prior to dealing with chronic illness or injury? There may be some options for you to consider in order to sustain your livelihood without continuing to work as hard as you are now. You may be eligible for Social Security Disability benefits, supplementing your income and allowing you to back off from the demands of a full workload. Even if you had applied before and were denied benefits, once over the age of 55, the likelihood of being awarded benefits greatly increases, and it can be very much worth your time to inquire.

Lean on the vast experience of the team at our law firm to help you understand your options and get a plan into place that you can rely on in the long term. Call us today at (315) 500-6425 to answer your questions regarding your specific situation.

What Are the Benefits Of Staying In the Workforce Longer?

If you are no longer able to work at the level you used to in your younger years due to illness or injury, then you may be thinking about early retirement. This is common as our bodies age and new issues arise or injuries are sustained due to the demands that are placed on them by working daily.

The problems that can arise with early retirement involve your social security benefits should you retire early. They are computed based on the years worked, and if you retire prior to your earliest eligibility age, you will receive less in payments each month for the rest of your life.

How Do I Know If I Qualify?

The SSA will look at several factors in determining eligibility for social security benefits. People over 50 are twice as likely to receive benefits as those in their 40s, and people in their 60s are twice as likely to receive benefits as those in their 50s. The severity and duration of your impairment are also reviewed, and typically if impairment occurs at this age, it is likely that it will remain or worsen with age, increasing the likelihood of eligibility.

If you are eligible for social security benefits due to chronic illness or injury, it can allow you to get the reprieve you need without penalizing you for the rest of your years in terms of what you can collect after retirement.

How Can a Lawyer Help?

At our law firm, we look forward to helping you understand the options available to you and getting you the benefits you deserve. You have worked hard, and we are prepared to work hard as well to help you to sustain your livelihood. We are happy to assist you with a free strategy session to discuss your specific eligibility questions and how we can best be of help to you. Contact us at (315) 500-6425 today to learn more and get the process started.

Some people will hesitate to even begin the process of an appeal due to how long they think it will take to resolve. If you or a loved one has been wrongfully convicted or needs to attempt to overturn a decision made by the courts, having an experienced team of attorneys to help you navigate this process can help to set your mind at ease. They can also help to streamline the process, thereby saving time and money when moving forward.

How Long Does An Appeal Process Take?

The length of time on a state level for an appeal can vary based on the specifics of the case and how straightforward it is but generally is about 12-24 months. Roughly six months of this is factored in for the amount of time you are waiting to hear back on your appeal. This amount of time can vary greatly depending on the current court’s schedules happening in your specific county, making the timing of the process difficult to narrow down.

What Does the Appellate Division Do?

The Appellate Division will issue a written decision stipulating how to proceed. They can either affirm the court’s judgment, resulting in no change. They can modify the judgment and specify what modifications they are making to the decision. They can overturn the original decision, allowing for the reversal of the charges in question. They can remit the case back to a lower court with specific instructions, and they can also dismiss the case. Dismissal is usually due to errors made during the appeals procedure and also another reason to have an experienced lawyer to rely on.

Passalacqua & Associates, LLC has many years of experience in helping clients through their appeals process, helping them to streamline it, and generally saving you time. Contact them at (315) 500-6425 for a free strategy session to learn more about how they can help you.

Why Do I Need a Lawyer?

The appeals process itself can feel like a second language to most. There are specific sets of rules involved for each level (state or federal), each county, and across several categories of charges obtained. If these specific rules aren’t followed appropriately, it can result in your appeal being denied altogether, or at the very least, making the process longer.

Having an experienced team by your side to help you from start to finish throughout this process can allow peace of mind, as well as save you time and money.

At our law firm, we have a team of trusted attorneys that have years of experience in helping clients with their appeals process. Contact us today at (315) 500-6425 to learn how we can help you, too.

Personal Injury Protection, or PIP insurance coverage, is required by law in New York and typically covers medical expenses. Being a no-fault state, like many other states, having this coverage allows accident victims to receive compensation for their injuries, regardless of who was at fault for the accident. This PIP coverage is generally an aspect of a comprehensive auto policy.

If you have been involved in an accident or want to learn more about PIP and what the requirements are in New York, contact us at (315) 500-6425.

What Is Covered Under PIP Insurance?

PIP covers three main areas: medical expenses, death benefits, and economic losses the victim incurs as a result of an accident. The minimum amount required by the state is $50,000, and many people increase this amount as they are then able to recover up to the larger amount should they find themselves in need of coverage after an accident. If the injuries you sustain are significant such as a broken back, for example, medical costs can far exceed $50,000, and therefore having coverage up to a higher amount can be beneficial to you.

PIP also covers passengers in the vehicle during an accident as well as the insured’s family members. If the driver themselves is uninjured, but the passenger is injured, they can file a claim against the driver’s PIP and be compensated for their injuries.

Are My Medical Bills Covered Under PIP Insurance?

Medical costs can include ambulance transportation, surgical and medical expenses, physical rehabilitation, x-rays and MRIs, and more. Economic costs/losses are also covered. If you are unable to work due to the injuries sustained in the accident, PIP insurance can cover lost wages up to a certain point, so you are able to remain financially stable during your recovery. Lost wages can be covered for up to three years, as a certain percentage of your income, up to your policy’s limit. Death benefits are also covered by PIP, meaning the surviving members of the family (should a car accident result in your death) can be compensated to cover funeral expenses and burial costs.

Why Do I Need to Hire Injury Attorneys?

Having an experienced team on your side from the beginning stages post-accident is prudent in preserving your rights and obtaining compensation for you or your family. Beginning this process is timely, as there are guidelines in place that must be followed in order to ensure you can obtain accurate compensation. At our law firm, we have many years of combined experience in accident cases, and we can help to make sure you receive the compensation you deserve and can get back to your life. Contact us today at (315) 500-6425 to learn more about your options and how to get started.

Accidents happen all too often, but the process following them doesn’t have to be as time-consuming or headache-inducing as you may think. Following a few steps right after the accident can help you in obtaining compensation, if necessary, and get you back to your life. Operating a leased vehicle during an accident poses a few more steps that you should consider to help alleviate stress in the future. Obtaining your police report is an important step, as you can use this to file a claim for your PIP coverage. Next would be contacting the leasing company to notify them of the accident. They may request a copy of your police report, so obtaining this first can help in this regard as well.

If you have been involved in an accident in New York and want a trusted team on your side to help walk you through this process, contact us at (315) 500-6425. Having experienced attorneys from the beginning to help you discuss the events with your leasing company, obtain compensation, and more can be invaluable to you during an already stressful time. We look forward to your call.

What Can I Expect From The Leasing Company?

Contact the leasing company or dealership and notify them of the accident. They will have guidelines in place as to what they require based on your lease terms and can communicate these items to you. Being the leasing company owns the vehicle, rather than you, they have rights to how the vehicle is repaired and other regulations in place regarding their vehicle.

In almost all cases with a lease, upon the end date of the lease, your vehicle will need to be inspected for damages/repairs, and you could incur costs to fix these items. Having an accident reported quickly and following their regulations or wishes as to how to repair the vehicle from the start can alleviate possible extra fees incurred upon the end of your lease should you choose to repair the vehicle yourself and it doesn’t meet their inspection requirements.

What Is Gap Insurance?

Gap insurance is a type of automobile insurance that covers the “gap” between the amount your insurance company pays for your car and what you still owe on your loan or lease. For example, if you have a car that’s worth $10,000 but you still owe $15,000 on your loan, your gap insurance would cover the $5,000 difference.

Some leases also require Gap Insurance, which can be important should the leased vehicle be totaled out. This can mean the difference between you being responsible for the remainder of the costs beyond the fair market value of the totaled vehicle or the insurance company.

Why Do I Need a Lawyer?

Some people prefer to manage these situations on their own, and that is ok. Generally speaking, accidents themselves can create unnecessary stresses whether you have sustained injuries or not if you are unprepared for the process.

We have many years of combined experience in accident cases. Our experience allows us to help you prepare for the steps ahead, including negotiating with the lease company, obtaining compensation for your injuries, and more. Contact us today at (315) 500-6425 to get started.