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 What Should You Do About Shoulder Pain After A Car Accident?

It’s a sunny day and you are running errands in the neighborhood. You are driving straight and a car comes from your right and comes into contact with your passenger door.  From the impact, your left shoulder comes into contact with the side door.  You feel pain in your shoulder.  The impact of car accidents, even at a very slow speed, can easily result in severe physical problems to the shoulder and surrounding areas. What should you do?

  1. Remain at the scene and call the police and ambulance.
  2. Take photographs of the accident scene and the vehicles involved in the accident.

Many people with shoulder injuries don’t feel a tremendous amount of pain immediately after the accident. You may have a case even if you don’t immediately seek medical attention. The shoulder has three main bones: the clavicle, the humerus and the scapula. Any of these body parts may have been injured as a result of an accident.

HOW DO YOU YOU KNOW IF YOU HAVE A SHOULDER INJURY?

  • Painful, tender, stiff shoulder
  • Shoulder pain that increases at nighttime, interrupting sleep
  • Tingling, numbness, swelling, or weakness in or around the shoulder
  • Focused shoulder pain that worsens with activity
  • Difficulty with shoulder mobility
  • Discolored shoulder area
  • A “bump” above the shoulder bone where the shoulder may have separated

WHAT ARE THE MOST COMMON TYPES OF SHOULDER INJURIES AS A RESULT OF AN ACCIDENT?

  • Torn Rotator Cuff
  • Fractured bone
  • Contusions, Bruises, Strains & Sprains: Other injuries such as painful strains, swelling and bruising may occur after a crash due to the impact of the shoulder and another object.

WHAT TREATMENT OPTIONS ARE AVAILABLE? 

  • If you think that you have broken bone or tear resulting from your accident, seek medical attention immediately.
  • Go seek an orthopedic doctor. Diagnoses can be made through x-rays, CAT scans, MRIs, and clinical evaluations. Your doctor will assess your shoulder injury and prescribe treatment.
  • A torn ligament, tendon, or muscle may require immediate surgery, so don’t delay in visiting a doctor.
  • Pain may be stemming from elsewhere in the body (referred shoulder pain), so letting a medical doctor prescribe treatment is the best option.
  • Oftentimes, surgery and subsequent physical therapy are used to treat shoulder injuries stemming from accidents.

WHO PAYS FOR FOR YOUR SHOULDER SURGERY TREATMENT? 

  • Under New York Law, your no-fault carrier will likely pay for any treatment that you receive as a result of the accident.  No-fault shall pay for treatment even if you are at fault and  have no other insurance.

If your shoulder has been injured in an accident that was due to someone else’s negligence and fault, feel free to contact my office  at 212-233-0666 for a free consultation to determine the best course for obtaining the financial resources needed to pay for your lost wages and medical treatment.

 What Should You Do About Shoulder Pain After A Car Accident?

What you need to Know about LLC’s for Real Estate Investments in New York

3160427229 095d1d5e17 m What you need to Know about LLCs for Real Estate Investments in New York

You recently took the plunge and purchased a new property, perhaps a two family building  in Brooklyn, or an investment property in the Hamptons.  What type of business structure would be best to protect your personal assets?

Choosing the right business structure can be a frightening task for most businesses.  However, the limited liability company (LLC) has become the go to vehicle for owners of income-producing real estate seeking to simply and cheaply protect their personal assets from claims of outsiders. Why?

Because the LLC, like a corporation, provides asset protection for its members from the liabilities associated with rental real estate.  However, unlike a corporation, the LLC allows depreciation and real estate losses to flow on to its members’ individual tax returns. Unlike a corporation that can produce taxable income if you refinance the property and take the money out for additional investment, an LLC allows money to flow freely. Taxes for LLCs are based on actual income, not borrowed funds.

Because the LLC is a separate legal entity, like a C corporation, you may be able to protect your personal assets if there becomes an issue related to your ownership of the property.  However, you need to be aware that there are limits.

  • Piercing the Corporate VeilPiercing the corporate veil is an equitable doctrine invoked by courts to allow a creditor recourse against the shareholders of a corporation, including a LLC.  In short, the limited liability protection which is the hallmark of a corporation is disregarded and the debt of the pierced entity becomes enforceable against those who have exercised dominion over the corporation to the point that it has no real separate existence.  That means that you can still be held personally responsible for the the debts of your LLC if they are successful in piercing the corporate veil. 

Owning real estate for investment, especially residential and commercial real estate is inherently risky. Accidents happen. When people are injured they sue the property owner for damages.

Insurance is the first line of defense to protect against claims arising from the property, but judgments can exceed the amount of insurance coverage and sometimes insurance coverage is denied. For example, if you have a $1,000,000 general liability policy and an injured tenant obtains a judgment against you for $2,000,000, then you would be personally responsible for $1,000,00. However, if you have an LLC they would not be able to go after you personal assets.

If you have any question regarding setting up a LLC for your Real Estate Investments in New York, call us at 212-233-0666.

 

 

 What you need to Know about LLCs for Real Estate Investments in New York

The Business of Simplicity

by Fred Abramson on June 20, 2013 · 0 comments

The opportunity to feel stress at work and try to make things even more complex is everywhere. I’m sure it happens to you.  At the moment I’m drafting a software sales contract. My client is selling a product that is complex. My “secret” is to keep it simple. I work to narrow issues to its core to avoid problems such as lack of clarity.

As Chris Brogan, author, journalist, marketing consultant, and frequent speaker about social media marketing has said (amazing that a social media marketer has become a thought leader) simple has become a choice, and something you have to select over and over again. I consciously make that choice. I also temper that advice by thinking about what Johnny Ive of Apple once said, “simplicity is not simple.

Too many lawyers try to make things more complex. You know who pays for this bad practice? You do.

Yesterday I was at a deposition on an extremely simple case. Cliff the mailman (not really, but he reminded me of him) was suing my client due to an accident that  occurred on his neighbors driveway. My client unfortunately let his home insurance lapse.

Word of warning, make sure all of your insurance policies are up to date. Call me if you need an insurance broker referral. I digress but I view you as part of my community and I’m here to refer you business as well. Drop me line to see how I can help.

My client owns the house so he has assets that the mailman can potentially collect. The issue: who maintains and controls the driveway. The neighbor already admitted at a prior deposition that they were responsible for maintaining the driveway. My client is clearly not responsible and I will be filing my motion for summary judgment dismissing the case shortly.

Opposing counsel, though seasoned in years, questioned like a first year associate. I’ve opposed him before and he has a talent for making the simple more complex. Opposing counsel wasted over two hours questioning my client. My favorite,  ”do you have any records that would indicate often you change light bulbs outside your home?”  Mind you, the accident occurred on a sunny day.

I’ve been on depositions with this lawyer in the past and he hasn’t changed.  You know who pays for his poor legal skills? You do with an increased bill and poor legal work.

What tricks do you do to keep your work simple? I would love to hear from you.

What is the Business Judgment Rule?

by Fred Abramson on March 13, 2013 · 0 comments

There is no shortage of  examples of corporate wrongdoing. Officers and directors have been using the business judgment rule as an excuse for corporate malfeasance since the stone age. The defense is used in complex cases, such as mortgage backed securities indiscretions, to the relatively mundane where officers are accused of purchasing New York Knicks season tickets out of the corporate till for personal use.

 What is the Business Judgment Rule?

The business judgment rule, which began as a minor exception, is now so strong a winning argument that the only fun left is trying to prove that it  does not cover absolutely all forms of corporate stealing. icon smile What is the Business Judgment Rule?

WHAT IS THE BUSINESS JUDGEMENT RULE? 

If you are an officer or director  of a corporation then you are responsible for managing and directing the business and affairs of the corporation. The larger the business, the more challenging the issues the officers face. Should your fashion tech start-up expand and open up a store? What if the lease is in a building that your family owns and the terms are unfavorable for the company?

If you own a business and have partners and shareholders, you don’t want to be scared that you will be subject to an expensive lawsuit if things don’t work out. However, if the officers and directors are acting against for personal gain and against the interest of the other shareholders, who should be to blame?

The courts have given large leeway to the decisions the directors and officers must make.

Under the business judgment rule, the officers and directors of a corporation are immune from liability to the corporation for losses incurred in corporate transactions within their authority, so long as the transactions are made in good faith and with reasonable skill and prudence.

When lawsuits focusing on the businesses judgement rule are commenced, they are usually highly fact driven and subjective. Was the CEO acting in good faith or did she have dual allegiance? In the example regarding the fashion tech start-up, the issue regarding dual allegiance is relevant but you may not win on that alone.

If you are an office or director and there comes an issue where your business judgement may be called into question, I would suggest that you disclose any potential conflicts up front. Open communication and fostering a business environment based on trust is the best preventive medicine.

The Law Office of Frederic R. Abramson represents business in New York. If you have questions about corporate governance and the business judgement rule, feel free to call me at 212-233-0666. 

200px Copyright.svg Someone Copied My Website, What should I do about Copyright Infringement?

 

 

While perusing the internet you notice that someone copied your website.  As you write more content, the chances of this happening to you increase over time. It has even happened to me.  One of my fellow attorneys here in New York copied one of my pages. What should you do?

It depends on how aggressive you want to be.

One option is to simply contact the other party.  Let them know that that you have noticed that they have copied some of your content without attribution. Simply ask them to take it down and be cordial. This is merely a stylistic approach.  Be natural.

Next step is to hire  a lawyer (yes this is selly selly.)  You may have already contacted the other party and they have refused to take down the material.  You can then contact my office and I can draft a cease and desist letter asking for certain relief, such as taking down the information, asking for potential statutory attorneys’ fees and the like. The cost of is around $600 for around two hours of work. These cease and desist letters written by a lawyer is more likely to work because there is the threat of legal action, which is a bigger headache.

However, your business is larger and your content is your intellectually property and you want to collect money, then you’re going to have to do more.

You automatically own a copyright to your content that you published online. But to collect you need to….

REGISTER YOUR COPYRIGHT

It is remarkably easy and inexpensive to register a copyright to your website.  Simply go to the U.S. Copyright website  and register your copyright for your website for a mere $35. What do you have to lose? You then call my office and let the federal lawsuit begin. You may win money damages.

Frederic Abramson is a business attorney at the Law Office of Frederic R. Abramson in NYC. He represents companies and individuals in cases including copyright, trademark and litigation.

 

 

 

 

 

 Someone Copied My Website, What should I do about Copyright Infringement?

An Ode to Pumpkin (a/k/a Pookies) Our Cat… RIP

February 19, 2013

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Yesterday, we put Pumpkin (pookies/pookers/pookiduke), our tabby cat, to sleep.  She was not herself, looking kind of weak lately, and not even eating or drinking the past couple of days, so we brought her into the vet.  She was more critically ill than we had realized and at the age of near 15 we put [...]

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This Week’s Small Business Question is Tweetable

February 11, 2013

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This Week’s Question: Will it affect your business when the Postal Service stops delivering on Saturdays?
Comment if you would like.
-Fred

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List of Business Networking Events in New York for the week of February 11, 2013

February 11, 2013

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If you own a business in New York and you are interested in networking, I suggest that you subscribe to both  Bernardo’s List and Gary’s Guide. Both come out every Monday and lists the best networking events for the coming week.  Plancast is another wonderful site that uses social networking features to keep track of your [...]

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Protecting Your Digital Assets for Both Home and Work

February 8, 2013

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If you are reading this article, it can be assumed that you have digital assets. You rely on the Internet for success. If you own a business, you may depend on your email to connect with your clients and to keep in touch with business partners. You probably also have a Facebook and Twitter account.
If you [...]

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New Law Would Ban Employers to Ask for Passwords

February 7, 2013

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One trend that has grown over the last year is employers and schools asking for Facebook and social media passwords of applicants, employees and students. If you are an employer, obviously you are worried about what your employees say on social media as it can impact your bottom line. There is no shortage of stories of people [...]

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