Unintentional injuries are a leading cause of death in the United States. In 2016 alone, more than 160,000 people sustained fatal injuries in unanticipated accidents.
That means tens of thousands of families had to cope with the tragedy of losing a loved one, often due to the negligence or intentional wrongdoing of another person. In many of these cases, the deceased was a primary source of financial support, and surviving family members had to find a new way to make ends meet virtually overnight.
If someone you love died because of the careless or reckless behavior of another person or company, turn to LoTempio P.C. Law Group. Our attorneys are passionate about helping clients pursue the justice and compensation they deserve after the sudden loss of a family member. Call 716-855-3761 to schedule a free consultation with a wrongful death lawyer in New York.
Read on to learn the types of damages that might be recoverable after a wrongful death:
Compensatory damages are intended to compensate the claimant for the economic and non-economic damages incurred as a result of the wrongful death. In wrongful death cases in New York, such damages might include:
- Medical bills the deceased incurred due to his or her final injury or illness;
- Pain and suffering the deceased experienced prior to passing;
- Funeral and burial expenses;
- Lost income and benefits;
- Loss of support and services;
- Loss of parental guidance; and
- Loss of anticipated inheritances.
Punitive damages are intended to punish the defendant for particularly egregious behavior. The jury might award punitive damages if the defendant’s conduct exhibited:
- Willful negligence;
- Wanton recklessness;
- Fraudulent or dishonest intentions that demonstrated criminal indifference to civil obligations;
- A high degree of immorality; or
- Conscious disregard for the safety, rights, or health of others.
If you intend to file a wrongful death claim, you should expect the insurance company or opposing party to do everything in their power to reduce their liability and minimize the final settlement or verdict. They might offer a low settlement before you’ve had a chance to discuss your case with a wrongful death attorney. If you make any recorded statements, they may be misrepresented by the insurer to dispute liability or damages. The insurance company might even argue that your loved one was partially or entirely at fault for his or her own death.
A seasoned wrongful death attorney from LoTempio P.C. Law Group can help you level the playing field and avoid critical mistakes that would jeopardize your claim. We will perform a thorough investigation, gather all available evidence, calculate your damages, and if the opposing party refuses to accept a fair settlement offer, we have the litigation experience to represent your interests in court.
Call 716-855-3761 to Speak with a Wrongful Death Lawyer in New York
We are available 24 hours a day, 7 days a week to take your call. If you cannot come to us, a member of our team will come to you. Dial 716-855-3761 or use our Contact Form to set up a free case evaluation with a personal injury attorney in New York.
If you are facing theft charges in New York, the consequences of a conviction could affect your life and the lives of your family members for years to come. Depending on your specific charges, the penalties might include tens of thousands of dollars in fines and a lengthy prison sentence.
Even petit larceny—a misdemeanor offense—can result in a jail sentence of up to one year and three years’ probation. But if the property you stole was worth more than $1,000, you may face felony charges, which come with incredibly harsh penalties even for a first offense. Beyond the fines and incarceration, a conviction could also make it difficult to find employment, disqualify you from voting, and prevent you from owning a firearm.
Fortunately, there may be a defense strategy that applies to your case. A criminal defense lawyer from LoTempio P.C. Law Group can evaluate your situation for free and help you determine the most strategic way to proceed.
We will put your rights first and hold the government to its burden of proof. Call 716-855-3761 to schedule a consultation with a New York criminal defense attorney.
Penalties for Theft Crimes in New York
The sentencing guidelines for theft crimes in New York are complex, and the specific penalties you might be facing depend on a variety of factors. Below, we’ve outlined just a few potential penalties of various theft charges, but the best way to determine the consequences you might be facing is to speak with a criminal defense attorney.
1. Petit Larceny
Petit larceny is the least serious theft offense in New York and is the only one that’s classified as a misdemeanor. These charges are associated with theft of property that is worth less than $1,000. A petit larceny conviction can result in up to one year in jail, up to three years’ probation, a fine of $0 to $1,000, court surcharges, and community service.
2. Grand Larceny in the Fourth Degree
Grand larceny in the fourth degree is a class E felony that involves stolen property valued at $1,000 and $3,000. Stealing certain items can also result in such charges regardless of their value. Examples include firearms, motor vehicles, and credit/debit cards. Potential penalties include a prison sentence of up to four years and a fine of up to $5,000 or double the value of the stolen property, whichever is greater.
3. Grand Larceny in the Third Degree
Grand larceny in the third degree is a class D felony that involves stolen property valued at $3,000 and $5,000. A conviction may result in a prison sentence of up to seven years and fine of up to $5,000 or double the value of the stolen property, whichever is greater.
4. Grand Larceny in the Second Degree
Grand larceny in the second degree is a class C felony that involves stolen property valued at $50,000 and $1 million. Obtaining property through certain types of extortion may also warrant such charges. A conviction can result in up to 15 years in prison and a fine of up to $15,000.
5. Grand Larceny in the First Degree
Grand larceny in the first degree is a Class B felony that involves stolen property that exceeds $1 million in value. Potential penalties of a conviction include a prison sentence of up to 25 years and a fine of up to $30,000.
Call 716-855-3761 to Speak with a Criminal Defense Attorney in New York
Just because you are facing theft charges does not mean a conviction is imminent. To discuss the defense strategies that apply to your case, contact LoTempio P.C. Law Group.
Our attorneys have over 200 years of combined experience in legal practice. We are available 24/7 to answer your call. Dial 716-855-3761 or fill out our Contact Form to schedule a free case evaluation.
Losing a loved one is always heartbreaking, but when the death is expected, you at least have the opportunity to say goodbye. Losing a family member in a sudden car accident, on the other hand, can be a much heavier burden to bear.
Although filing a wrongful death claim will not bring the deceased back, it may help your family cover the lost income, medical bills, funeral expenses, and other damages arising from the loss. Unfortunately, you can expect the insurance company to search for any possible excuse to undervalue or deny your claim.
This is where the New York wrongful death attorneys at LoTempio P.C. Law Group may be able to help.
Our lawyers have decades of combined experience taking on some of the largest insurance companies in the state. We are passionate about helping families pursue justice and the maximum compensation after the wrongful death of a loved one. To discuss your case in a free consultation, call 716-855-3761.
Read on to learn the answers to some of the most frequently asked questions about car accident wrongful death claims:
1. Who May File a Wrongful Death Claim in New York?
Unlike other states, where certain family members may bring a wrongful death claim, New York limits eligible claimants to the personal representative of the deceased’s estate. Although spouses, children, and parents might receive some or all of the resulting settlement, they cannot actually file the claim unless they also happen to be the personal representative of the estate.
2. How Long Does My Family Have to File a Wrongful Death Lawsuit in New York?
If your family wants to sue a reckless or negligent driver for the loss of a loved one, you typically have two years from the date of death to do so; however, there are exceptions to this deadline that might apply to your case. If you want to sue a government entity, for example, such as the local municipality responsible for maintaining the roads, you may have just 90 days to file a Notice of Claim with the appropriate agency.
3. What Kinds of Damages Might Be Available in a Wrongful Death Claim?
In car accident wrongful death claims, potentially recoverable damages include:
- Funeral and burial expenses;
- Medical expenses incurred prior to the death;
- Lost income and benefits;
- Loss of support and services;
- Loss of parental guidance;
- Loss of anticipated inheritances; and
- The deceased’s conscious pain and suffering prior to passing.
Dial 716-855-3761 to Discuss Your Case with a Car Accident Attorney in New York
If you recently lost a loved one in a motor-vehicle collision, turn to LoTempio P.C. Law Group. Our wrongful death attorneys have more than 200 years of combined experience practicing law. Call 716-855-3761 or use our Contact Form to set up a free consultation with a car accident lawyer in New York.
Most people have only a cursory knowledge of their constitutional rights and are therefore unsure when they have been violated. The Fourth Amendment protects Americans from illegal searches and seizures by law enforcement, and any evidence gathered during an illegal search may not be admissible in court.
If you have been charged with a crime but you think the police violated your rights, contact LoTempio P.C. Law Group. Our criminal defense lawyers can investigate your arrest to determine if the evidence against you was gathered during an illegal search. Call 716-855-3761 to schedule a free case evaluation with a criminal defense attorney in New York.
Read on to learn what constitutes an illegal search and seizure:
Did Police Have a Search Warrant?
Law enforcement need a search warrant, probable cause, or your consent to conduct a lawful search. Even if you did not give permission to the police to search your property, that might not matter if they had a warrant, which is an order that has been signed by a judge and grants police the right to look for certain items at a specific location.
If police did not have a warrant, they can still search your home or vehicle if you consent. If they attempt to do either without getting your consent or presenting a warrant, they may be violating your Fourth Amendment rights—unless they had probable cause to perform the search.
Did Police Have Probable Cause?
If police do not have a search warrant or your consent to perform the search but they have reason to believe you are breaking the law, they may be able to conduct a legal search and seizure. If officers pull you over for speeding, for example, and they can clearly see drug paraphernalia in the passenger seat next to you, they may have probable cause to search the rest of your vehicle.
The bottom line: If the police searched your property when you had a reasonable expectation of privacy, they did not have a warrant or probable cause, you did not provide consent, you had not yet been arrested, and it was a non-emergency situation, then any evidence gathered during the search might not be admissible in court. In some situations, getting this evidence thrown out is enough to result in the dismissal of all charges.
Call 716-855-3761 to Speak with a Criminal Defense Lawyer in New York
If you are facing charges and you believe the police conducted an illegal search and seizure, turn to LoTempio P.C. Law Group to discuss your case. Our New York criminal defense attorneys have represented thousands of clients, giving us a skillset and courtroom experience that few law firms possess.
Whether you have been charged with drug possession, DWI, or a violent crime, you can rely on our legal team for personalized and attentive representation every step of the way. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation.
It doesn’t take much to cause a serious collision that has life-changing consequences. Sending a brief text message, dozing off for a few seconds, or getting behind the wheel after one too many glasses of wine can result in a devastating wreck that leaves severe injuries in its wake.
Unfortunately, it doesn’t take much for the victims of such collisions to jeopardize their injury claims, either. Simply posting a photo of yourself on social media could threaten your case if it brings the severity of your injuries into question. Also, any recorded statements you give to the insurance company might be used as evidence to dispute liability and damages.
If you were injured in a crash with a reckless driver and want to avoid making critical mistakes that could hurt your chances of recovering a fair payout, contact LoTempio P.C. Law Group. Our highly experienced personal injury attorneys will aggressively represent your interests and make sure the insurance company treats you fairly. Call 716-855-3761 to schedule a free case evaluation with a car accident lawyer in New York.
Read on to learn five common mistakes to avoid after a motor-vehicle collision:
1. Failing to Call the Police
If you are in a crash that causes bodily injury, you are required by law to notify the police immediately in the state of New York; however, this is not the only reason to involve law enforcement. Accident scenes are inherently chaotic, and tensions will be running high.
Upon arriving at the scene, police will prevent altercations, direct traffic, and interview eyewitnesses. They will also draft an official report, which may contribute to the strength of your claim.
2. Admitting Fault
Some people have a natural inclination to apologize after accidents, but doing so could be considered an admission of fault. You should never accept the blame even if you believe you were liable for the crash. The laws that govern collision claims are complicated, and it is not uncommon for drivers to admit fault even when another party is liable for their damages.
3. Posting About the Accident on Social Media
People often turn to social media to garner support from friends and loved ones following traumatic events; however, it is best to avoid posting about the crash or your recovery because anything you publish could be used by the insurance company to dispute your claim.
4. Failing to Seek Medical Care
Visiting a doctor as soon as possible following the wreck will ensure you receive adequate medical attention for any injuries including those that may not be manifesting symptoms yet. It will also begin a paper trail detailing the damages you have incurred as a result of the accident.
5. Going up Against the Insurance Company Alone
Although you have the right to represent yourself during the personal injury claims process, it is not wise to go up against a massive corporation on your own. Claims adjusters are professional negotiators with incentive to find reasons to dispute your claim. Hiring a seasoned car accident lawyer will level the playing field and ensure you have access to the same resources the insurance company does.
Call 716-855-3761 for a Free Consultation with a New York Car Accident Attorney
If you were hurt in a motor-vehicle collision and are ready to start the claims process, turn to LoTempio P.C. Law Group. By letting us handle the logistics of the case, you can focus on what matters most: your health and your family. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a personal injury lawyer in New York.
Every car accident is a nerve-racking experience. Whatever plans or concerns you had before the crash suddenly become an afterthought as you grapple with the shock and confusion. It’s not easy to keep a cool head, but your statements and actions at the scene and over the days that follow will have a major impact on your ability to file a successful claim.
On average, drivers are involved in a collision about once every 18 years, yet many are not sure what to do after a crash. Unfortunately, one mistake could be all it takes to jeopardize your chances of recovering compensation for medical bills, lost income, property repairs, and other damages. In this blog, we’ll discuss a few steps to take immediately after a wreck to protect yourself financially.
One of the smartest steps you can take is to consult a personal injury attorney before you contact the insurance company. Claims adjusters can be ruthless when it comes to finding reasons to deny claims, but a seasoned accident lawyer will make sure you are treated fairly throughout the proceedings.
At LoTempio P.C. Law Group, our attorneys have more than 200 years of combined experience negotiating with insurance companies. Your initial consultation is free, and if we determine your case has merit, we will conduct a thorough investigation and ensure your claim is as strong as possible before settlement negotiations begin. Call us today at 716-855-3761 to speak with a car accident lawyer in New York.
Read on to learn a few steps you should take after a motor-vehicle collision:
1. Check for Injuries
After any car accident, your top priority is to make sure anyone who was injured receives prompt medical attention. If you think someone suffered a spinal cord injury, do not move them as this could aggravate the injury.
2. Contact the Police
The insurance company will want to see a police report to verify your version of events. When discussing the crash with an officer, only provide the basic facts about what happened; do not speculate or admit fault.
3. Take Photos
Pictures can play a critical role in claims when a dispute arises regarding liability or damages. Take photos of injuries, skid marks, property damage, the weather and road conditions, and any nearby signage. Don’t forget to enable your camera’s timestamp function.
4. Gather Information from Drivers and Eyewitnesses
Write down the driver’s license numbers, license plate tags, and insurance details of every driver involved in the collision. Also, record the contact details of eyewitnesses. Your attorney may use their testimony to prove negligence and liability.
5. Undergo a Medical Evaluation
You may be tempted to put off your medical evaluation because you fear the cost, but failing to visit a doctor after a crash could hurt your chances of recover fair compensation. Without official documentation of your injuries, it may be difficult to tie them to the crash or prove their severity.
Discuss Your Case with a New York Car Accident Attorney Today
As soon as your health is stable, contact LoTempio P.C. Law Group to discuss your case. We will handle the logistics of your claim so you can focus on your health and your family. Call 716-855-3761 or message us online to set up a free consultation.
Some people assume the penalties for drug possession in New York aren’t that severe because it’s such a common offense. But depending on the type of substance allegedly found in your possession and the amount, a conviction could have life-changing consequences including thousands of dollars in fines, incarceration, drug testing, probation, and electronic monitoring.
Fortunately, just because you’re facing charges doesn’t mean a conviction is inevitable. Depending on the facts surrounding your arrest, there may be a defense that leads to reduced charges or penalties or the outright dismissal of your case.
To discuss the defense strategies that apply to your situation, contact LoTempio P.C. Law Group for a free consultation. Our team of experts can investigate your arrest to identify any procedural errors made by law enforcement that might contribute to your defense. Call 716-855-3761 to speak with a criminal attorney in New York today.
Read on to learn about a few possible defenses against drug possession charges:
1. Illegal Search and Seizure
The Fourth Amendment protects Americans from unlawful searches and seizures. That means police officers cannot search you without a warrant or probable cause.
Let’s assume, for example, that your vehicle was pulled over and the officer searched it without probable cause or a warrant. Any evidence gathered during this unlawful search—including illegal drugs—cannot be used against you in court, so your drug possession charges would most likely be dismissed.
2. Dominion and Control
If the drugs were not actually on your person at the time of arrest, the prosecutor must prove dominion and control instead, which means you had control over the area where the substance was found. The prosecutor must prove that you had both the knowledge and ability to exercise control over the person or property from whom the drugs were seized. Therefore, proving that you were unaware of the substance on your property may be a viable defense depending on the circumstances. This defense may apply if you were hosting a guest who was in possession of illegal drugs or if your roommate brought drugs into your home and police found them during a search.
3. Medical Marijuana Exception
This defense only applies to charges for the possession of marijuana. People with qualifying conditions, such as Parkinson’s disease, cancer, and HIV, are allowed to carry a 30-day supply of marijuana; however, they are not allowed to use marijuana in public, and they must carry their registry ID card when they possess it.
Call 716-855-3761 to Speak with a Criminal Defense Lawyer in New York
If you are facing charges for drug possession, turn to a criminal defense attorney at LoTempio P.C. Law Group. With more than 200 years of combined experience, our lawyers have the knowledge and legal strategies to help you fight for the best possible outcome for your case. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with one of our strategic New York criminal defense lawyers.
Every time you visit a hospital, clinic, doctor’s office, or urgent care center, you are essentially putting your life in someone else’s hands. Unfortunately, healthcare providers are only human, and they make mistakes just like everyone else.
From 2006 to 2016, New York was one of the top four states in terms of the number of medical malpractice payments, according to Hofstra University. Some of the most common forms of medical negligence include misdiagnoses, medication errors, surgical and anesthesia errors, labor and delivery errors, and failure to administer appropriate treatment.
If you or a member of your family received substandard care in a medical facility, contact LoTempio P.C. Law Group to discuss your case. You may be entitled to compensation for healthcare expenses, lost income, pain and suffering, and other damages. Call 716-855-3761 to schedule a free case evaluation with a medical malpractice lawyer in New York.
Read on to learn about some of the most common types of medical negligence:
Misdiagnoses typically occur when a doctor confuses a patient’s symptoms with another condition, fails to identify certain symptoms, or misinterprets the results of diagnostic tests. When this happens, the patient’s actual condition can progress as it goes untreated, and the patient may be subjected to a potentially harmful treatment for an injury or illness that he or she does not have.
2. Medication Errors
Medication errors can occur at any stage of drug administration. The prescribing doctor might write down the wrong medication name, a pharmacist could dispense the wrong drug, or a nurse might administer the wrong dosage. All of these errors have the potential to cause life-threatening complications under certain circumstances.
3. Surgical/Anesthesia Errors
Patients assume certain risks every time they undergo a surgical procedure, but when a surgeon or anesthesiologist makes a mistake that would have been avoided if they had used accepted standards of care, the patient may have the right to sue for damages. Common examples of surgical negligence include:
- Failing to monitor a patient’s vitals;
- Puncturing organs;
- Damaging nerves;
- Leaving foreign objects inside a patient’s body;
- Operating on the wrong site; and
- Failing to provide adequate aftercare for preventing infections.
4. Labor/Delivery Complications
Errors during labor and delivery are especially tragic because they can threaten the lives of both the mother and baby. Common examples of labor and delivery errors include:
- Failing to control blood loss during delivery;
- Failing to monitor the infant’s oxygen intake;
- Failing to detect physical or mental impairments during pregnancy; and
- Failure to perform a C-section during certain medical emergencies.
5. Failure to Treat
If a physician fails to treat an injury or illness when obvious symptoms are present, the patient’s condition can progress to a point where a more invasive or harmful treatment is needed. In some cases, a failure to diagnose can be fatal or lead to a permanent disability. Discharging a patient too soon and failing to provide adequate follow-up care are examples of failure to treat.
Discuss Your Case with a Medical Malpractice Attorney in New York
If you or someone you love was a victim of medical negligence, contact LoTempio P.C. Law Group. Our legal team will handle all the logistics of your case so you can focus on recovering. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a personal injury lawyer in New York.
As of July 2018, all but four states have legalized the use of marijuana in some form. In most states, marijuana is only legal for medicinal use or in the form of cannabidiol oil for medical research; however, nine states have legalized the drug for recreational purposes.
Unfortunately, New York is not one of them.
The state legalized medicinal marijuana in 2016, but the drug remains illegal for recreational purposes. That means those who are caught cultivating, trafficking, selling, or possessing it could face serious penalties.
If you were charged with marijuana possession in New York, your freedom and financial security could be at stake. To determine the most strategic way to proceed, contact LoTempio P.C. Law Group.
Our attorneys have more than 200 years of combined experience practicing law. Call 716-855-3761 to schedule a free case evaluation with one of New York’s leading criminal defense law firms.
Read on to learn about the penalties for marijuana possession in New York:
The fines for marijuana possession in New York range from $100 to $15,000. The potential fine you are facing depends on the amount of marijuana you were allegedly in possession of, whether you have any prior convictions, and several other factors. For example, a first-time offender who is found in possession of less than 25 grams can be fined up to $100, but someone who is arrested with more than 10 pounds of marijuana faces up to $15,000 in fines.
Third-time offenders and those who are found with more than 25 grams of marijuana in their possession face potential incarceration. Sentencing can range from 15 days to 15 years depending on the amount of marijuana involved.
A third-time offender who has less than 25 grams in his or her possession faces 15 days in jail. Possessing marijuana in public view is a misdemeanor that comes with a potential 90 days’ incarceration. A person who is found with more than 10 pounds of marijuana faces up to 15 years in prison.
3. Other Penalties
In addition to fines and incarceration, people who are convicted of marijuana possession in New York may be ordered to undergo mandatory drug testing, attend drug awareness classes, report to a probation officer, and submit to electronic monitoring, depending on the severity of their charges and whether they have prior convictions.
Call 716-855-3761 to Speak with a Criminal Defense Attorney in New York
If you’ve been charged with marijuana possession, turn to LoTempio P.C. Law Group. Our criminal defense lawyers will evaluate the circumstances of your arrest, as well as the strength of any evidence the prosecutor has against you, to determine the most strategic way to represent your interests.
Our legal team has a track record of success in criminal cases ranging from DWI to violent crimes. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with a criminal defense lawyer in New York.
It’s reasonable to expect quality and attentive care whenever you visit a doctor or another medical professional. Whether you’re going in for a simple exam or a complicated surgical procedure, your physician has an obligation first to do no harm, which means you should never leave the facility in worse condition than when you arrived.
Unfortunately, not all patients receive the care they deserve. In fact, medical malpractice is far more common than most people realize—and the consequences can be costly. According to CBS News, the average malpractice payout was more than $350,000 between 2009 and 2014.
If you were the victim of medical malpractice and want to pursue the compensation you deserve, contact LoTempio P.C. Law Group. We will evaluate your case for free and help you determine the most strategic way to proceed. Call 716-855-3761 to schedule a consultation with a medical malpractice attorney in New York.
Let’s explore a few reasons why you should hire a skilled medical malpractice lawyer:
1. To Level the Playing Field
Damages in medical malpractice cases often amount to hundreds of thousands of dollars—or more. With so much at stake, you can be sure the opposing party’s insurance provider will look for every reason to dispute fault. And if they can’t deny their policyholder’s liability, they will attempt to settle for the lowest possible payout.
Unfortunately, that means insurance adjusters are not above using devious tactics to convince claimants to settle for less than they deserve. Since medical malpractice attorneys also happen to be seasoned negotiators, hiring one will essentially level the playing field. A strategic lawyer will not let the insurance adjuster bully or intimidate you into accepting an unfair settlement.
2. To Focus on Your Health
Building a strong malpractice claim is a lot of work. Even in cases when liability seems obvious, there is a considerable amount of evidence to gather and paperwork to file. By hiring an attorney, you can focus on recovering while your case proceeds in good hands.
3. To Gain Access to Valuable Resources
When you hire a medical malpractice lawyer, you gain access to all kinds of legal resources that can contribute to the strength of your claim. Such resources might include medical experts, economists, and even surgery reconstruction animators.
4. To Prepare for Trial
Most medical malpractice claims are resolved before reaching court; however, since there is always a chance your case could go to trial, it is wise to prepare for such an outcome from day one. Even if a settlement is the expected result, a proactive attorney will prepare your claim for court—and let the opposing party know you’re not afraid to go to trial.
Discuss Your Case with a Medical Malpractice Attorney in New York
If you want to sue a negligent healthcare provider, turn to LoTempio P.C. Law Group. Our legal team is committed to helping those who have been wronged put their lives back together. Call 716-855-3761 or fill out our Contact Form to schedule a free consultation with one of our medical malpractice lawyers in New York.