August, 2015 - Braunfotel and Frendel

Who files for wrongful death, and when must it be done?

The sudden and unexpected loss of a loved one in a fatal car crash can have a devastating effect on the victim's family. New York provides a method by which family members may receive compensation, but the law does not give them the right to file the claim. Instead, the personal representative of the deceased victim's estate, be it an executor or administrator, must bring the lawsuit on behalf of the survivors.Not permitting the family members of the victim of a fatal accident to file a wrongful death cause of action is just one of the ways in which New York differs from other states. Some states allow family members to receive compensation for their pain and suffering associated with the loss of a loved one, but New York does [...]

Who files for wrongful death, and when must it be done?james2015-08-28T00:00:00+00:00

What does the criminal sale of marijuana in New York involve?

While the use of marijuana in New York is not uncommon, it is in most circumstances illegal and will be prosecuted. Last week's blog post discussed the criminal possession of marijuana and its penalties. However, possession is not the only drug offense involving marijuana in New York. The sale of marijuana is also illegal in the state, the penalties of which can range from class B misdemeanors to class C felonies.First, let's examine the fifth-degree criminal sale of marijuana. Under New York Penal Code Article 221, the criminal sale of marijuana has several elements. The person accused of the sale must have known that the substance they were selling was marijuana, and it must be unlawful for the accused to do so. In addition, the weight requirements for the fifth-degree [...]

What does the criminal sale of marijuana in New York involve?james2015-08-28T00:00:00+00:00

Wrongful death lawsuit filed in aftermath of racetrack accident

The death of race car driver Kevin Ward in an incident that took place at New York's Canandaigua Motorsports Park has led to a wrongful death lawsuit by his surviving family members against fellow driver Tony Stewart. The events leading to the death were widely televised, showing Ward exiting his vehicle after an accident and walking onto the race track to confront Stewart, who hit him with his vehicle, causing fatal injuries to Ward.A grand jury declined to indict Stewart in connection with the incident, but in a civil wrongful death action the standard of proof is preponderance of the evidence" which is not as stringent as a criminal "beyond a reasonable doubt" standard."Issues that may come into play in an action of this nature include possible negligence (Could Stewart [...]

Wrongful death lawsuit filed in aftermath of racetrack accidentjames2015-08-23T00:00:00+00:00

Exploring the criminal possession of marijuana in New York

New York's drug laws are particularly complex, especially when one is not familiar with them. Take, for example, crimes involving marijuana. The penalties for possessing marijuana vary based on the specific circumstances of the charges. Let's take a look at the statutes regarding possession of marijuana in the state of New York, and examine the penalties included therein.Per New York Penal Code Article 221, a person will be found guilty of possessing marijuana based on three elements. One is that the drug is allegedly found in the person's possession. The second is that the person knows he or she is in possession of marijuana. Finally, the possession of the marijuana is unlawful. It is up to the prosecution to prove these elements. A person who is found guilty of unlawfully [...]

Exploring the criminal possession of marijuana in New Yorkjames2015-08-21T00:00:00+00:00

License revocation after New City drunk driving

Recently, this blog has discussed a number of drunk driving topics. We discussed New York zero tolerance laws for underage drunk driving. We also discussed one congressman's proposal to help fund technology that would prevent a vehicle from starting based on the driver's blood alcohol content. Today, we will discuss the importance of retaining one's driver's license, if one is accused of drunk driving.One of the primary penalties a person convicted of drunk driving may face is the revocation of his or her driver's license. Understandably, this could have a major impact on the driver's life. Even the simplest of tasks, such as going to the grocery store to pick up a gallon of milk, are made prohibitively difficult if one does not have a driver's license.The severity of the [...]

License revocation after New City drunk drivingjames2015-08-14T00:00:00+00:00

Getting the help you need in a medical malpractice case

Consider a hypothetical, in which you have suffered an injury that requires surgery. You undergo the procedure, and after a few days the hospital releases you to go back home.You think that the worst is behind you. A little recovery time, and you'll be back to your old self.But as the days turn into weeks, something still seems wrong. You feel lingering pain at the site of the surgery. Indeed, instead of getting better, it seems to be getting worse. But when you go back to the hospital to inquire about why it is taking so long to fully heal, a doctor reassures you that there is nothing to worry about. He tells you to avoid eating spicy foods. You go along with his instruction.But the pain persists. It finally [...]

Getting the help you need in a medical malpractice casejames2015-08-14T00:00:00+00:00

Study shows teenagers pose distracted driver risk

The desire of some parents to stay in contact when their teenagers are out with friends may be contributing to the unsafe driving habits seen in young people. Fifty percent of the teenagers surveyed in a recent study admitted to texting and driving, and 19 percent of the texting group blamed it on their parents for expecting a response within one minute.In fairness to mom and dad, responses from the teens admitted that parents did not always know their children were behind the wheel of a car when text messages came through. The study also found that teenaged texting while driving involved more than just staying in touch with their parents. Texts sent to friends contributed to creating a distracted driver when some teens take the wheel.Although the study did [...]

Study shows teenagers pose distracted driver riskjames2015-08-07T00:00:00+00:00

Senator pushes for technology aimed at preventing drunk driving

While having a drink at a social event once or twice might not seem like such a bad idea, it can turn into a disaster when accusations of drunk driving are thrown around. Police and prosecutors won't hesitate to press charges against those they think have been engaged in drunk driving. In fact, one U.S. Senator from New York - Senator Chuck Schumer - is co-sponsoring a new piece of legislation that would promote technology to help stop people from drinking and driving.Known as the ROADS SAFE Act, this bill would help advance technology that would prevent a car from starting if the driver's blood alcohol content level is above 0.08 percent. This would be done through sensors that could detect whether a driver is under the influence of alcohol [...]

Senator pushes for technology aimed at preventing drunk drivingjames2015-08-07T00:00:00+00:00

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