How would you feel riding in a cab with a taxi-driver who had struck and killed a pedestrian? How would you feel crossing the street knowing cab drivers on NYC streets can hold onto their licenses after fatal accidents? It’s true. And it’s time for the Taxi and Limousine Commission (TLC) to hold cabbies responsible for their dangerous ways. [Read more…]
Understanding Functional Equivalence When Applying for Supplemental Security Benefits for Children
By Robert J. Osborne, Esq.
If a child has a severe impairment or combination of impairments that does not meet or medically equal any listing, the Social Security Administration will decide whether the impairment, or the combination of impairments, results in limitations that functionally equal the listings. This means that the child’s impairment(s) must be of listing-level severity – it must result in “marked” limitations in two domains of functioning or an “extreme” limitation in one domain, as explained below. [Read more…]
Should Reckless Driving and Distracted Driving Be Penalized Like Drunk Driving?
There was a time when the majority of people turned a blind eye to intoxicated drivers and when it was more socially acceptable to drink and drive. Drunk driving laws were not always so well accepted, and people who chose to drive after drinking were often given a sort of free pass. Now, times have changed. A recent editorial in the NY Times says we are at the same point with distracted and reckless driving and that people need to recognize that distracted drivers are responsible for the harm they cause, even if it was unintentional. Is it time to penalize distracted drivers in the same way we do those who cause accidents while drunk? [Read more…]
Ginarte Law Firm Helps Refine Commercial and Residential Distinction
By John J. Megjugorac, Esq.
Slip and fall accidents are a very common type of case that our law firm handles. Many slip and fall cases take place on sidewalks. Injuries can occur because the sidewalk itself is in a state of disrepair or snow and ice may cover the sidewalk. [Read more…]
5 Tips for Safer Driving in 2014
The first month of 2014 has passed and we’ve seen numerous accidents on New Jersey and New York roadways. We’re still in the throes of a bitterly cold and snowy winter—weather that puts us all at risk of being involved in an auto accident. But the year is just starting. So, how can you be a safer driver in 2014? [Read more…]
Ginarte Participates In National Wear Red Day For Heart Disease Awareness
Here at Ginarte Gonzalez and Winograd we are proud of our long and consistent history of supporting the local community through various firm wide events. I’m sure you remember our numerous 2013 events such as the Walk for Breast Cancer, Thanksgiving Food Drive, and Toys for Tots. We’re off to a great start in 2014! [Read more…]
Subcompacts Fare Poorly in Safety Ratings
Minicars are rising in popularity, but they may not offer much protection in a traffic accident. Among 11 subcompacts tested by the Insurance Institute for Highway Safety, not a single one received the highest rating of “good.” [Read more…]
Construction Worker Deaths Often Preventable
Accidents on construction sites are common. Of 3,945 workers killed in private industry in 2012, 775, or almost 20%, were in construction. Preventing such deaths is often a matter of training, proper equipment and oversight by employers who truly care about the safety of their workers. [Read more…]
Substantial Gainful Activity
By Robert J. Osborne, Esq.
The law defines disability as the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. If you can engage in substantial gainful activity, the Social Security Administration will find that you are not disabled. The work that you have done, legal or illegal, during any period in which you believe you are disabled may show that you are able to work at the substantial gainful activity level. Even if the work you have done was not substantial gainful activity, it may show that you are able to do more work than you actually did. If you apply for Social Security Disability Benefits or Supplemental Security Income, the Social Security Administration will consider all of the medical and vocational evidence in your file to decide whether or not you have the ability to engage in substantial gainful activity. [Read more…]
Are There Any Limitations on Your Right to Sue When Involved in an Automobile Accident?
You unfortunately get involved in a motor vehicle accident as a passenger or a driver. You initially seek treatment at a local hospital. You receive treatment and then are released. In the next few days, you start treatment with your doctor. At some point, you decide to seek advice from a lawyer. An appointment is made. The lawyer is advised how the accident happened and what injuries you sustained. The lawyer requests a copy of the insurance declaration page for your insurance policy, the car that you were driving or the car that you were a passenger in. (Depending on your own insurance policy; if you have one or required to have, will decide which policy you need to review). You may wonder why the lawyer needs to review this document if the other driver is at fault for the accident. The insurance declaration page is just as important as the police report at this point. The insurance declaration page contains quite a bit of information that needs to be reviewed by the lawyer. One piece of information that it contains concerns any limitation on your right to sue. [Read more…]
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