ilganayevlaw@gmail.com

646-396-8050

Author Archives: admin

HomeMigir Ilganayev Attorney At Law  /  Articles by: admin
Categories Personal Injury

How Long Does It Take to Settle a Car Accident Case in New York?

Author admin Categories Personal Injury Posted on

As the founding attorney of Ilganayev Law Firm, PLLC, I’ve dealt with many car accident claims, and no two cases are the same. In every car accident case I worked on, clients always ask the same question: How long will it take to settle the case? In simple terms, several things can make your case take longer to settle. Sadly, there’s no magic number to tell you how long your case will take.

Understanding this, there are four main things that everyone should know to have a good idea of what delays or expedites a car accident claim:

Understanding No-Fault Insurance In New York:

  • In New York, we have what is called a no-fault insurance system. This means you must file a claim with your car insurance first. This no-fault insurance (or Personal Injury Protection – PIP) will cover some of your losses, like medical bills and lost wages. The exact amount depends on your policy.
  • When you file a no-fault insurance claim, the insurance folks have 15 days to ask for more information. Once they get this information, they have another 15 days to agree or disagree to pay you. In total, the no-fault insurance part can take up to 30 days.
  • If your costs go beyond what your no-fault insurance can cover, you can go after more money through a personal injury claim. In that case, you must file with your car insurance first, which can make the process longer.

Medical Treatments and Estimates:

  • The seriousness of your injuries can affect when you can start the legal process. After a car accident, getting medical attention immediately is important for your well-being and case. This helps you recover and provide proof of your injuries.
  • If your injuries are severe and require a lot of medical care, you may have to wait until you’re better to start legal action. This means that cases with serious injuries can take longer to settle. Some examples of serious injuries include cuts, brain injuries, spinal cord damage, loss of limbs, internal organ damage, broken bones, and concussions.
  • The reasons why you have to wait until you are better are (1) you should prioritize your health first always, and (2) it is crucial to include all your current and future medical costs in your claim. This means you should wait until you know the full extent of your injuries before filing a personal injury claim.

Insurance Company Cooperation:

Your insurance company’s cooperation can affect how fast or how slow your case settles. They can choose to:

  1. Agree with your claim and pay you the amount you asked for; or
  2. Make a counteroffer to your claim; or
  3. Deny your claim and refuse to pay you.
  • If the insurance agrees immediately, your case will settle quickly, but this only happens sometimes. Insurance companies usually try to avoid paying a lot of money. With that said, they may make a lower offer, delay the claim, or refuse to pay.
  • If they make a counteroffer, you or your lawyer can negotiate for more money. Your lawyer might even have to take the case to court if they do not cooperate. Taking the case to court can make the case take even longer, as court cases can take up to two years to settle.

Getting a Lawyer –The sooner you get a good car accident lawyer, the quicker you should get your settlement:

  • Lawyers know the legal rules in New York and understand the tricks insurance companies use to delay claims. With that said, the sooner you talk to a lawyer about your case, the sooner they can start working on getting you the money you deserve for your injuries. At ILGANAYEV LAW FIRM PLLC, we are dedicated to making things easier for you and providing comprehensive legal representation. Contact us today to discuss your situation and find the justice you deserve.

ATTORNEY ADVERTISING. This blog post is provided for informational purposes only and does not constitute legal advice. For specific legal guidance related to your situation, please consult with an attorney. Prior results do not guarantee a similar outcome.

Categories Harassment & Discrimination

Understanding Your Workplace Rights Under NY and Federal Law

Author admin Categories Harassment & Discrimination Posted on

As a dedicated law firm committed to safeguarding individuals’ rights in the workplace, ILGANAYEV LAW FIRM PLLC is dedicated to advocating for the rights of employees in the workplace. In this blog post, we aim to provide valuable insights into workplace rights that every individual should be aware of. By understanding these rights, you can navigate your work environment with confidence and take appropriate action if necessary. ILGANAYEV LAW FIRM PLLC is here to assist you in safeguarding your rights and finding the justice you deserve.

Understanding Your Rights:

  1. Title VII of the Civil Rights Act of 1964: This federal law prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. It is designed to ensure equal opportunities and a fair work environment for all employees.
  2. New York State Human Rights Law: New York State law provides additional protections against discrimination and harassment in employment. It covers a broader range of protected classes, including age, sexual orientation, gender identity or expression, marital status, disability, and more.
  3. New York City Human Rights Law: Employees working within the boundaries of New York City enjoy further protections under the local human rights law. This law extends the scope of protected characteristics and imposes stricter standards for addressing workplace discrimination and harassment.

Protecting Your Rights: If you believe your rights have been violated in the workplace, it is crucial to take prompt action.

Here are some steps you can consider:

  1. Take Care of Yourself: Find your safe space whether it consists of your family, friends, or significant other. A support system is crucial for getting through this tough time.
  2. Consult an Experienced Attorney: Seek legal advice from professionals like ILGANAYEV LAW FIRM PLLC, who specialize in employment law. Our team can assess your situation, guide you through the legal process, and ensure your rights are protected.
  3. Preserve Evidence: It is vital to preserve all relevant documents, including the employee handbook, emails, physical records, and any other form of evidence that supports your claims. Failure to do so can have serious consequences and hinder your case.
  4. Initiate Communication: Reach out to your employer, either directly (if you feel comfortable) or through legal representation, to express your concerns and discuss potential resolutions. In our case, we have given the employer a deadline to respond, highlighting the importance of initiating a meaningful dialogue.

Understanding your workplace rights is essential in ensuring a fair and equitable work environment. By staying informed and seeking professional legal advice when needed, you can protect your rights and take necessary action against any workplace violations. At ILGANAYEV LAW FIRM PLLC, we are dedicated to advocating for employees’ rights and providing comprehensive legal assistance. Contact us today to discuss your situation and find the justice you deserve.

ATTORNEY ADVERTISING.  This blog post is provided for informational purposes only and does not constitute legal advice. For specific legal guidance related to your situation, please consult with an attorney. Prior results do not guarantee a similar outcome.

Categories Criminal Defendant, Criminal Defense, Wrongfully Arrested

Will Donald Trump Become the First Former U.S. President Ever to Face a Criminal Charge?

Author admin Categories Criminal Defendant, Criminal Defense, Wrongfully Arrested Posted on
Donald J. Trump & Manhattan DA Alvin Bragg

According to the former president Donald J. Trump himself, the Manhattan grand jury is deliberating whether to indict him, a charge led by the Manhattan’s District Attorney Alvin Bragg. The three chairmen of the House Judiciary Committee have called Bragg’s intentions to be “an unprecedented abuse of prosecutorial authority”. Bragg intends to indict Trump over hush-money payments made during his 2016 presidential campaign. If indicted, this would mark the first criminal case against a former U.S. president in American history, potentially creating an unprecedented moment with significant political ramifications.Additionally, it is crucial to note that Donald Trump is seeking the presidency once more in 2024 as a Republican candidate, whereas Mr. Bragg openly identifies as a Democrat.

The grand jury has been investigating Trump’s involvement in a $130,000 payment made in 2016 to porn actress Stormy Daniels, who claimed to have had a sexual encounter with him years earlier. Trump’s former lawyer, Michael Cohen, arranged the payment and was subsequently reimbursed by the Trump Organization. Cohen pleaded guilty to violating federal campaign finance law in connection with the payments, but Trump has not been charged.

Manhattan District Attorney Alvin Bragg’s team is now examining whether Trump or anyone associated with him committed crimes in New York state in arranging these payments or in how they were accounted for within the Trump Organization.

While a sitting president cannot be indicted under federal law, Trump is no longer in office, and the New York case is a state probe, not a federal one. Therefore, Trump could indeed be indicted.

An indictment of Trump could have significant political ramifications, especially for the already divided Republican Party. Trump is seeking the White House again in 2024, and a criminal case against him could further split the party. Some GOP members may distance themselves from Trump, while others will likely continue to support him. For example, Elon Musk, the billionaire CEO of multiple corporations, believes that if the former president, Donald Trump, is indicted, he will secure a victory in the 2024 presidential election. This statement comes in the wake of Trump’s unverified assertion that he will be arrested on Tuesday, which has not been confirmed by any authorities.

Trump has denied any wrongdoing, labeling the Manhattan district attorney’s office probe as politically motivated. Potential Republican rivals for the 2024 presidential nomination have expressed mixed reactions to the possibility of Trump’s indictment. Former Vice President Mike Pence called the idea of indicting a former president “deeply troubling,” while others have criticized the Trump investigation as politically motivated.

The timeline for the grand jury’s decision remains unclear, and there has been no public announcement regarding when the jurors might conclude their work. Regardless of the outcome, a potential indictment of a former U.S. president will undoubtedly create a significant moment in American history and have lasting effects on the nation’s political landscape.

Categories injury lawyer, personal injury lwyer, social media personal injury, tort law

WHY POSTING ON SOCIAL MEDIA CAN RUIN YOUR PERSONAL INJURY CASE

Author admin Categories injury lawyer, personal injury lwyer, social media personal injury, tort law Posted on

Social media has become an integral part of our daily lives, allowing us to connect with friends and family, share our thoughts and experiences, and document our lives through photos and videos. However, social media can also be dangerous to someone’s personal injury case, as it can be used to undermine the credibility of a plaintiff and potentially damage their chances of receiving fair compensation. This happened recently to one of our client’s case who, after ignoring the advice of ILGANAYEV LAW FIRM, PLLC, continued posting on TikTok, significantly damaging her case.

Social media platforms allow users to share photos and videos of themselves engaging in various activities, such as playing sports, going out with friends, or participating in hobbies. However, if a plaintiff has posted photos or videos of themselves engaging in activities (e.g., “dancing” “swimming”) that are inconsistent with their claimed injuries (e.g., “severe back pain” “cannot walk without a cane”), it can AND it will be used as evidence to undermine their credibility and damage their case.

Another way that social media can be dangerous to a personal injury case is through the use of posts and comments. Social media platforms allow users to post comments and share their thoughts on various topics, and it is not uncommon for people to post comments about their injuries or the accident that caused them. In fact, these days, people want to talk about anything and everything in their lives on social media. However, if a plaintiff has posted comments that are inconsistent with their claimed injuries or that suggest they are not as severely injured as they claim (e.g., “just had an amazing leg workout”), it can be used as evidence to undermine their credibility and damage their case.

Remember, it is not uncommon for insurance companies or defense attorneys to conduct social media investigations to gather information about plaintiffs that could be used to undermine their claims or to suggest that they are exaggerating their injuries. Part of the job of insurance companies and defense attorneys is to search through social media profiles, photos, and videos to find evidence that contradicts a plaintiff’s claims or that suggests they are not as injured as they claim.

In order to protect yourself from the dangers of social media in a personal injury case, it is important to be mindful of what you post and share online. Avoid posting photos or videos of yourself engaging in activities that are inconsistent with your claimed injuries, and be careful about what you post or comment on. Additionally, you may want to consider limiting your social media activity during the course of your case, or going private if you are public, or even disabling your accounts to prevent insurance companies and defense attorneys from using your social media activity against you.

In conclusion, social media can be dangerous to someone’s personal injury case as it can be used to undermine the credibility of a plaintiff and potentially damage their chances of receiving fair compensation. Therefore, plaintiffs should be mindful of what they post and share online, and consider limiting their social media activity during the course of their case to protect themselves from these dangers.

It’s always recommended to consult with a lawyer or legal professional if you have been injured as a result of someone else’s wrongdoing.

ATTORNEY ADVERTISING. This blog post does not constitute legal advice. Prior Results Do Not Guarantee Similar Outcome.

Categories Criminal Defense, Police Search

CAN COPS IN NEW YORK SEARCH YOUR CAR IF THEY SMELL MARIJUANA?

Author admin Categories Criminal Defense, Police Search Posted on

In New York State, the smell of marijuana alone may no longer be considered sufficient probable cause to search a vehicle. In 2021, possession of marijuana (up to three ounces) has been decriminalized and is no longer considered a criminal offense in the state of New York. This decriminalization of marijuana possession in 2021 has limited the use of marijuana odor (burnt or unburnt) as probable cause to conduct a vehicle search. Recently, the NYPD has issued a memorandum outlining new procedures for the handling of legal marijuana use by adults in motor vehicles. According to the memorandum, the odor of marijuana alone is no longer considered sufficient probable cause to conduct a search of a vehicle. This new policy is in effect.

As a a result of the foregoing, in order to conduct a search, officers must now have additional evidence or probable cause. For example, if the driver appears to be under the influence of marijuana (DUI), and there is probable cause to believe that they have consumed it, a search may be conducted. Additionally, observing the driver or passengers smoking or vaping marijuana while operating a motor vehicle can also provide sufficient probable cause for a vehcile search. The presence of other suspicious factors or indicators of criminal activity, such as the presence of drug paraphernalia, a lit up joint, blunt, vape or other observed illegal activity, may give the police officer probable cause to conduct a search. Keep in mind that Driving while impaired by marijuana or driving under the influence is a crime, and the smell of burnt marijuana can be considered probable cause of driving while ability impaired or driving under influence of drugs.

It’s always recommended to consult with a lawyer or legal professional if you or someone you care about has been charged with a crime.

ATTORNEY ADVERTISING. This blog post does not constitute legal advice. Prior Results Do Not Guarantee Similar Outcome.

1 … 4 5 6 7 8