Phillips & Millman, LLP

Personal Injury Lawyers in Nanuet, NY: Common Case Types

Mon, 23 Feb 2026 04:00:43 GMT

Personal injuries can happen when people least expect them, often during everyday activities around Nanuet. When an accident causes physical pain, missed work, or mounting medical bills, having guidance from personal injury lawyers in Nanuet, NY, can make the recovery process more manageable. Contact us today at (845) 947-1100 to learn how Phillips & Millman PLLC helps injured individuals understand their rights and pursue fair compensation.

Many injury claims in the area stem from preventable situations involving negligence. Whether an accident occurs on local roads, at a workplace, or on private property, speaking with an injury attorney in Nanuet, NY, can help clarify next steps and reduce costly mistakes early in the process.

Common Personal Injury Cases in Nanuet, NY

Residents of Nanuet experience a range of accidents that may lead to personal injury claims. Understanding the most common case types helps injured individuals recognize when legal guidance may be appropriate.

Car Accidents and Traffic-Related Injuries

Car accidents remain one of the leading causes of injury claims in Rockland County. Busy intersections, distracted driving, and sudden traffic slowdowns often contribute to collisions. Even crashes that appear minor can cause injuries that worsen over time.

Personal injury lawyers in Nanuet, NY, often assist clients with gathering police reports, medical documentation, and insurance records. An injury attorney in Nanuet, NY, can also help evaluate fault and negotiate with insurers who may attempt to limit payouts.

Workplace Accidents and Job-Related Injuries

Workplace injuries occur across many industries, from construction sites to retail environments. Slips, falls, and lifting injuries are common, especially when safety procedures are not followed.

While workers’ compensation may cover some costs, certain cases involve third-party liability. Consulting with personal injury lawyers in Nanuet, NY, can help determine whether additional compensation may be available beyond basic benefits.

Slip and Fall Accidents on Unsafe Property

Property owners are responsible for maintaining safe conditions. Wet floors, uneven walkways, and poor lighting can all lead to serious falls. These incidents often happen in stores, apartment buildings, or parking areas.

An injury attorney in Nanuet, NY, can help document unsafe conditions and determine whether property negligence played a role in the accident.

Dog Bites and Animal-Related Injuries

Dog bites can cause physical injuries and emotional trauma, especially for children. New York law often holds dog owners responsible when animals are not properly restrained.

Victims may be entitled to compensation for medical treatment, scarring, and emotional distress. Personal injury lawyers in Nanuet, NY, can explain how liability applies in dog bite cases and what evidence strengthens a claim.

What to Do Immediately After an Injury

The steps taken after an accident can significantly impact a personal injury claim. Acting quickly helps protect both health and legal rights.

Important Actions to Take

Seek medical care right away, even if symptoms seem mild
Report the incident to the appropriate authority or property owner
Take photos of the accident scene and visible injuries
Gather contact information from witnesses
Avoid detailed statements to insurance companies

An injury attorney in Nanuet, NY, can explain which documents matter most and how to avoid common mistakes that may weaken a claim.

How Evidence Supports a Personal Injury Claim

Strong evidence is key to showing how an injury occurred and who is responsible. Medical records help link injuries directly to the accident, while photos and witness statements support liability.

Personal injury lawyers in Nanuet, NY, often coordinate with medical providers and investigators to build a clear case narrative. This approach helps prevent disputes that could delay or reduce compensation.

For general information about how injury claims typically work, you can review this resource from the American Bar Association.

Why Local Legal Experience Matters

Local attorneys understand traffic patterns, property layouts, and court procedures specific to the area. This familiarity allows personal injury lawyers in Nanuet, NY, to anticipate challenges and respond efficiently. An injury attorney in Nanuet, NY, also understands how local insurance carriers operate, which can help during negotiations and settlement discussions.

Insurance companies often move quickly after an accident, sometimes contacting injured individuals before the full impact of their injuries is known. Early settlement offers may seem helpful, but they can fail to account for long-term medical care, lost income, or ongoing pain. Taking time to understand the full scope of an injury before accepting any offer helps protect both financial stability and future treatment needs.

When to Contact a Personal Injury Lawyer

If an injury results in missed work, ongoing medical treatment, or long-term pain, legal guidance can make a difference. Waiting too long may result in lost evidence or missed deadlines. Learn more about our personal injury attorneys in Nanuet, NY.

Get Help From Personal Injury Lawyers Serving Nanuet, NY

Recovering from an injury is difficult enough without added legal stress. Phillips & Millman PLLC works with injured individuals throughout Nanuet to provide clear guidance and reliable support. Personal injury lawyers in Nanuet, NY, help clients understand their options and pursue the compensation they deserve. Call us at (845) 947-1100 or send us a message today to get started with a consultation.

What to Look for When Hiring a Car Accident Lawyer

Mon, 01 Dec 2025 14:49:24 GMT

When you are involved in a vehicle collision, choosing the right legal representative can have a significant impact on the outcome of your case. Working with an experienced car accident lawyer in Nanuet, NY, ensures you have someone who understands local laws, insurance company strategies, and the steps needed to protect your rights. For many people, knowing what to look for in an attorney can be challenging, especially when dealing with medical appointments, vehicle damage, or emotional stress. This guide breaks down the key qualities and professional standards that help you choose a lawyer who can get results.

Experience Matters When Selecting a Lawyer

One of the first things to evaluate is the attorney’s experience. A seasoned car accident lawyer in Nanuet, NY, will understand how to build strong personal injury cases. This includes investigating the crash, gathering evidence, obtaining police reports, analyzing medical records, and negotiating with insurance companies. Experience also influences how effectively your attorney can anticipate problems before they arise.

Check how long the lawyer has been practicing personal injury law. Ask about their background handling collisions involving cars, trucks, motorcycles, or pedestrians. A car accident lawyer in Nanuet, NY, with a long track record will know how to push for compensation that reflects your medical costs, lost income, pain, and long-term recovery needs.

The Importance of Specialization in Car Accident Cases

Personal injury law is a broad field, but not every attorney specializes in car accident claims. You want someone who focuses specifically on collision cases. A specialized car accident lawyer in Nanuet, NY, will understand the medical, technical, and legal factors that commonly arise after an accident.

For example, they should be familiar with accident reconstruction, common injury types such as soft-tissue damage or traumatic brain injuries, and state-specific liability rules that affect your claim. Specialized knowledge helps build a strong argument for settlement negotiations or courtroom proceedings. When a lawyer focuses on accident cases, they have a greater ability to secure fair compensation.

Reputation and Client Testimonials

A lawyer’s reputation speaks volumes about their professionalism and effectiveness. When researching attorneys, take time to read reviews and testimonials from past clients. Positive feedback shows that the attorney not only understands the law but also takes care of the people they represent.

A respected car accident lawyer in Nanuet, NY, should have testimonials that highlight qualities such as strong communication, compassion, and proven results. Success stories and case summaries reveal whether the attorney has secured significant settlements or verdicts for clients in situations similar to yours. This information helps you feel confident knowing the lawyer has a solid record of obtaining favorable outcomes.

Strong Communication Skills and Availability

Car accident cases involve numerous deadlines and ongoing communication. Your attorney should be someone who keeps you informed and answers your questions clearly. When speaking with a car accident lawyer in Nanuet, NY, ask how often they provide updates, how quickly they respond to emails or calls, and whether they explain legal matters in a way that is easy to understand.

Good communication prevents misunderstandings and reduces stress while your case moves forward. The right lawyer will make you feel supported and confident throughout the entire process, whether your case settles quickly or requires extensive negotiation.

Transparent and Fair Fee Structures

Another critical factor is the lawyer’s fee structure. Most car accident attorneys work on a contingency fee basis, meaning you only pay if they win your case. When reviewing contracts, make sure the terms are clear and that the lawyer explains exactly how fees are calculated.

A trustworthy car accident lawyer in Nanuet, NY, will never surprise you with hidden costs. They should discuss court filing fees, expert witness expenses, and any additional charges before beginning your case. Transparency shows professionalism and helps you make informed decisions.

How to Evaluate a Lawyer’s Success Rate

Success rates are one of the strongest indicators of a lawyer’s ability to achieve results. When meeting with a potential attorney, ask about their history with similar cases. This includes the size of settlements, trial wins, and examples of complex cases they handled successfully.

You want a car accident lawyer in Nanuet, NY, who has a proven ability to negotiate effectively with insurance companies. A strong success rate also shows that the lawyer understands how to present evidence, counter insurance arguments, and advocate for full compensation. The more successful outcomes they have, the greater your confidence in their ability to handle your case.

Why Local Knowledge Matters

Local experience is another important quality to consider. A car accident lawyer in Nanuet, NY, who practices in the area understands the local court system, judges, and opposing attorneys. They also know how local insurers approach settlement negotiations.

This familiarity gives them an advantage when developing legal strategies. Local knowledge allows the attorney to tailor arguments to the expectations of the courts and to better anticipate how insurance companies will respond. Choosing someone who regularly handles cases in your region ensures your representation is informed and strategic.

Questions to Ask Before Hiring an Attorney

Before making a decision, prepare a list of questions to ask during the consultation. These might include:

• How many car accident cases do you handle each year?

• What is your approach to settlement negotiations?

• Who will manage my case day to day

• How long do you expect my case to take?

• What challenges do you foresee with my claim?

A reliable car accident lawyer in Nanuet, NY, will answer these questions clearly and confidently. Their responses will help you determine whether they are the right fit.

Call to Action for Nanuet, NY

If you or someone you know has been injured in an auto collision, partnering with the right attorney can make a meaningful difference in your recovery and compensation. Choosing an experienced car accident lawyer in Nanuet, NY, ensures you have a knowledgeable advocate by your side. For trusted legal support, reach out to the dedicated team serving Nanuet, NY, today and take the first step toward protecting your rights. For dependable legal support after a collision, trust Phillips & Millman, LLP, to fight for the compensation you deserve. Contact us today at (845) 947 1100 .

When to Hire a Car Accident Lawyer vs. Handling It Yourself

Tue, 30 Sep 2025 10:35:00 GMT

If you were in a car accident in Clarkstown, NY, you might feel overwhelmed by the process ahead. At Phillips & Millman, LLP, we understand how stressful this time can be. You don’t have to face the insurance companies or legal hurdles alone. Call us today at (845) 947-1100 to get trusted help with your case and start moving forward.

Understanding the Role of a Car Accident Lawyer in Clarkstown, NY

A car accident lawyer in Clarkstown, NY, helps you navigate the legal system after an accident. They gather evidence, negotiate with insurance companies, and stand up for your rights. Many people try to handle claims on their own and miss out on important compensation. Hiring a lawyer increases the chance that you will get the settlement you deserve.

In addition to handling paperwork and deadlines, a car accident lawyer also knows the local laws and courts in Clarkstown, NY. This knowledge helps them build a stronger case and avoid common mistakes that could hurt your claim. Having an experienced lawyer on your side means you can focus on healing while they take care of the legal work.

What Does a Car Accident Lawyer Do?

Investigates the accident and gathers key facts.
Reviews medical records and injury reports.
Handles all communication with insurance companies.
Files all necessary legal paperwork on time.
Represents you in court if needed.
Negotiates settlement offers to get fair compensation.

When Should You Hire a Car Accident Lawyer?

Not every accident case is the same. Some are simple and can be handled without a lawyer, but many require legal expertise. Here’s when you should consider hiring a car accident lawyer in Clarkstown, NY:

You suffered serious injuries that require long-term medical care.
The accident involved more than two vehicles or complex circumstances.
The insurance company denies your claim or offers too little compensation.
You are unsure who was at fault, or the case involves disputed liability.
You need help understanding your legal rights and options.
You want to make sure all losses, including medical bills and lost wages, are covered.

Handling It Yourself vs. Hiring a Lawyer

If your accident was minor with no injuries and you do not expect expenses, you might handle the claim yourself. But if things get complicated or the insurance company is difficult, having a car accident lawyer in Clarkstown, NY, can make a big difference. Here are some scenarios:

Minor scrapes and small property damage: handling yourself may be fine.
Injuries, serious property damage, or disputes: legal representation recommended.
Complex cases such as hit and run or uninsured drivers: lawyer involvement is best.

Choosing the right car accident lawyer in Clarkstown, NY, is important. At Phillips & Millman, LLP, we offer:

Personalized attention for each client.
Years of experience in traffic accident law specific to Clarkstown, NY.
Aggressive negotiation skills to maximize your compensation.
Support through every step of the legal process.
Clear communication at every stage.
No upfront fees; we work on a contingency basis.

Benefits of Hiring Phillips & Millman, LLP as Your Car Accident Lawyer in Clarkstown, NY

Our Services at a Glance

Traffic violation defenses Learn more on our dedicated page .
Injury claims and compensation recovery.
Legal advice on insurance claims.
Court representation and trial services.

What Compensation Can You Expect With a Car Accident Lawyer in Clarkstown, NY?

When you hire a car accident lawyer in Clarkstown, NY, you increase your chances of receiving compensation for:

Medical bills and rehabilitation costs.
Lost wages from missed work.
Pain and suffering damages.
Property damage repair or replacement.
Emotional distress.
Future medical expenses related to the accident.

Your lawyer will work hard to make sure nothing is missed in your claim.

What to Do Immediately After a Car Accident in Clarkstown, NY

Taking the right steps right after an accident is crucial. Here’s what you should do:

Check for injuries; call 911 if help is needed.
Exchange information with other drivers.
Take photos of the accident scene and damages.
Contact the police and get an official report.
Avoid admitting fault or making recorded statements to insurance companies.
Call a trusted car accident lawyer in Clarkstown, NY, at (845) 947-1100 for advice.

Real Clients, Real Results

At Phillips & Millman, LLP, we take pride in helping people in Clarkstown, NY, after their accidents. Our clients share their experiences on our testimonials page . Their feedback drives us to keep providing compassionate and effective legal support.

Every case is important to us, and we work hard to achieve the best outcomes for each client. We understand the stress that follows a car accident, and our team is dedicated to making the process as smooth as possible. By choosing Phillips & Millman, LLP, as your car accident lawyer in Clarkstown, NY, you can trust that you will receive personal and results-driven legal service.

Get the Help You Deserve Today

Don’t let a car accident ruin your life. If you need a car accident lawyer in Clarkstown, NY, call Phillips & Millman, LLP, at (845) 947-1100 now. We’ll listen to your story and guide you through the process with care and expertise. Call today and take the first step toward justice and fair compensation.

5 Things Your Injury Attorney Wants You to Know First

Mon, 25 Aug 2025 18:44:00 GMT

When you’ve been hurt in an accident, whether it’s a car crash, a slip and fall, or a workplace injury, your first instinct might be to seek justice and compensation. That’s where an injury lawyer comes in. But before you file a claim, there are several important things your injury lawyer wants you to know. Understanding these key points can make or break your case. An injury lawyer is not just your legal representative, they’re your advocate, your strategist, and your guide through a complex legal process. Whether you’re meeting with an injury lawyer for the first time or preparing to file a claim, knowing what to expect can help you feel more confident and in control. Let’s explore the five most important things your lawyer wants you to understand before you take legal action.

1. Documentation Is Everything

Documentation is the backbone of any successful personal injury claim. Your personal injury lawyer will stress the importance of gathering comprehensive evidence to substantiate your case. From photographs of the accident scene to detailed reports of the incident, every piece of documentation is valuable. Medical records are particularly crucial, as they provide a clear picture of the injuries sustained and the treatment required. Your personal injury attorney will guide you on what documents are necessary and how to organize them effectively. Remember, the more evidence you have, the stronger your claim will be, and your personal injury lawyer will be able to build a more compelling case.

2. Understanding the Statute of Limitations

Timing is everything when it comes to filing a personal injury claim. One of the critical aspects your injury lawyer will discuss is the statute of limitations. This legal timeframe dictates how long you have to file a claim after an accident occurs. Missing this deadline can result in losing your right to pursue compensation. Your personal injury attorney will ensure you’re aware of these timelines and will help you act promptly. It’s essential to contact an injury lawyer as soon as possible to avoid any unnecessary delays. They will help you navigate the legal calendar and ensure your claim is filed within the required period.

3. The Importance of Honesty and Full Disclosure

Honesty is the best policy, especially when working with your injury lawyer. Full disclosure with your attorney is paramount to building a successful claim. Your injury lawyer relies on accurate information to strategize and represent your case effectively. Whether it’s about the circumstances surrounding the accident or details about your medical history, withholding information can jeopardize your claim. Your personal injury attorney will emphasize the need to be transparent and forthcoming. They are on your side, and providing them with complete information allows them to advocate for you with confidence and credibility.

4. Navigating the Complexity of Legal Processes

Filing a personal injury claim involves a multitude of legal processes that can be complex and daunting. Your injury lawyer is well-versed in these procedures and is there to simplify them for you. From understanding legal jargon to preparing for court appearances, your injury lawyer will be your guide through it all. They will ensure you understand each step and what is required from you, making the process less intimidating. Lean on your personal injury attorney’s expertise they are dedicated to managing the intricacies of your case, allowing you to focus on recovery.

5. Evaluating the Worth of Your Claim

Another vital aspect your injury lawyer will help you with is evaluating the worth of your claim. Determining the compensation you deserve involves assessing various factors such as the severity of your injuries, the impact on your life, and any future implications. Your injury lawyer will analyze these elements to give you a realistic estimate of what you should expect. This evaluation is crucial in negotiating settlements and ensuring you receive fair compensation. Your personal injury attorney will advocate fiercely for your rights, ensuring you are not undervalued by insurance companies or opposing parties.

Preparing for Possible Outcomes

Your injury lawyer will prepare you for various outcomes in your personal injury claim. While many claims settle outside of court, there is always the possibility of going to trial. Your injury lawyer will discuss the potential scenarios and help you understand what each entails. They will equip you with the knowledge to make informed decisions, whether it’s accepting a settlement offer or pursuing further legal action. With your personal injury attorney by your side, you’ll be ready to face any outcome confidently.

If you’ve been injured in an accident, don’t navigate the legal system alone. The experienced team at Phillips & Millman, LLP is ready to fight for your rights. Our skilled injury lawyers understand the challenges you’re facing and are committed to helping you get the compensation you deserve.

Whether you need a personal injury lawyer or a personal injury attorney, we’re here to guide you every step of the way. From gathering documentation to negotiating with insurance companies, your injury lawyer will be your strongest advocate. Call us today at (845) 947-1100 and let Phillips & Millman, LLP, help you move forward with confidence.

Fishing License

Wed, 19 Jan 2022 13:00:00 GMT

You may think that fishing in New York State is as easy as grabbing your rod and tackle box, heading to your favorite waterway, waiting for the nibble and landing that prize catch.

Well, that’s part of it.

But before you even think about tuning up your gear, you need to check in with New York State and get a fishing license. It’s not that involved and this step assures you of being in compliance with state and New York City regulations enforced by a range of law enforcement authorities. There are some ins-and-outs, so be sure to read the following clearly.

According to the New York State Department of Environmental Conservation , you need a fishing license if you are 16 years or older and you will be:

Fishing for freshwater fish by angling, spearing, hooking, longbow or tip-ups.
Fishing for frog species by spearing, catching with your hands or using a club or a hook.
Fishing for freshwater baitfish for personal use.

You do not need a fishing license if you are:

Fishing on a licensed fishing preserve.
Fishing during the state’s free fishing days.
A resident landowner primarily engaged in farming, and you are fishing on farm lands you occupy and cultivate.
A farm fish pond license holder fishing on waters covered by the license.
A Native American living and fishing on reservation land.
A patient residing at a qualifying U.S. Veterans Administration hospital or facility in New York State.

You can get a New York State fishing license at any town hall or a license issuing agent location, such as Dick’s Sporting Goods . You can also buy a fishing license online or over the phone. Click here to learn more .

So that covers freshwater. Saltwater is an entirely different can of worms, so to speak.

You need a Maritime Fishing Registration if you are fishing for saltwater fish species in the marine and coastal district , which generally speaking are the waters surrounding Long Island; or if you are fishing for migratory fish of the sea within the tidal waters of the Hudson River and its tributaries; Delaware River; or Mohawk River. Migratory fish of the sea include striped bass, American eel, Hickory shad, American shad and Anadromous river herring.

Don’t forget about the network of reservoirs, overseen by the New York State Department of Environmental Protection, that provide drinking water to the Big Apple but also welcome fishing.

So what’s the deal with that? Let’s start with the types of fish you will find in the New York City reservoirs. According to the New York State DEC :

“New York City reservoirs offer a surprisingly diverse group of fish species that people can catch.These include coldwater fish, such as salmon and trout that need water temperatures less than 70 degrees, and warm water fish that can tolerate higher water temperatures.” Click here to learn which types of fish can be found in reservoirs operated by New York City.

However:

“A NYC Department of Environmental Protection access permit is required to access the city-controlled reservoirs and lakes. In addition, special boating permits are available for storing your boat on the shoreline in designated areas. Some reservoirs allow non-motorized recreational boating on a day-use basis. Click here , here and here to learn more about recreational opportunities, including fishing, on New York City reservoir and watershed lands, and how to go about having fun legally.”

And now that we covered all that, let me tell you about the one that got away….

Road Rage

Wed, 12 Jan 2022 13:00:00 GMT

With any discussion of Road Rage, there is a lot to unpack.

Unfortunately there is probably only one thing that will get through to anyone who caves in to Road Rage, and in the process jeopardizes their safety and the safety of others on the open road. And that is the potential loss of driving privileges.

“Aggressive driving and road rage,” according to the New York State Department of Motor Vehicles , “can lead to revoked or suspended driver licenses, problems between family members and friends, loss of employment and legal problems.”

According to the National Highway Traffic Safety Administration :

“The words ‘aggressive driving’ emerged during the 1990s as a label for a category of dangerous on-the-road behaviors. The category comprises following too closely, driving at excessive speeds, weaving through traffic, and running stop lights and signs, among other acts.

“Aggressive driving occasionally escalates to gesturing in anger or yelling at another motorist, confrontation, physical assault, and even murder; ‘Road Rage’ is the label that emerged to describe the angry and violent behaviors at the extreme of the aggressive driving continuum. NHTSA defines aggressive driving as, ‘The operation of a motor vehicle in a manner that endangers or is likely to endanger persons or property.’ An important distinction is that aggressive driving is a traffic violation , while road rage, aside from the yelling and gesticulating, is a criminal offense.”

Road Rage, according to a 2016 AAA Foundation for Traffic Safety study , happens quite often.

“Nearly 80 percent of drivers expressed significant anger, aggression or road rage behind the wheel at least once in the past year,” the study said. “The most alarming findings suggest that approximately eight million U.S. drivers engaged in extreme examples of road rage, including purposefully ramming another vehicle or getting out of the car to confront another driver.”

“...Inconsiderate driving, bad traffic and the daily stresses of life can transform minor frustrations into dangerous road rage,” said Jurek Grabowski, Director of Research for the AAA Foundation for Traffic Safety. “Far too many drivers are losing themselves in the heat of the moment and lashing out in ways that could turn deadly.”

A significant number of U.S. drivers reported engaging in angry and aggressive behaviors over the past year, according to the study’s estimates:

Purposefully tailgating: 51 percent (104 million drivers)
Yelling at another driver: 47 percent (95 million drivers)
Honking to show annoyance or anger: 45 percent (91 million drivers)
Making angry gestures: 33 percent (67 million drivers)
Trying to block another vehicle from changing lanes: 24 percent (49 million drivers)
Cutting off another vehicle on purpose: 12 percent (24 million drivers)
Getting out of the vehicle to confront another driver: 4 percent (7.6 million drivers)
Bumping or ramming another vehicle on purpose: 3 percent (5.7 million drivers)

AAA offers some guidance on avoiding Road Rage incidents in the first place. These include:

Don’t Offend: Never cause another driver to change their speed or direction. That means not forcing another driver to use their brakes, or turn the steering wheel in response to something you have done.
Be Tolerant and Forgiving: The other driver may just be having a really bad day. Assume that it’s not personal.
Do Not Respond: Avoid eye contact, don’t make gestures, maintain space around your vehicle and contact 911 if needed.

If you find yourself on either end of a Road Rage legal dispute, you should call the law firm of Phillips & Millman for guidance, counsel and a strategy for extracting yourself from the precarious legal situation you are in. Give a ring at 845-947-1100 or visit www.pmlawny.com .

Buyer Beware

Wed, 05 Jan 2022 13:00:00 GMT

According to Cornell Law School , the words Caveat Emptor “are Latin for ‘let the buyer beware.’…A doctrine that often places on buyers the burden to reasonably examine property before purchase and take responsibility for its condition…Especially applicable to items that are not covered under a strict warranty.”

These two simple words, be they in Latin or English, can leave a profound impact on the finances of a homebuyer. Purchasing a house, apartment, condo or other dwelling is without question one of the biggest moves you will ever make in your life. Hopefully, none of the details will fall through the cracks.

But mistakes large and small can happen, leaving a homebuyer or would-be homebuyer in financial freefall. Beyond the cautionary warning of “Buyer Beware” and how it relates to the physical condition of a new home and the onus on the purchaser, issues surrounding your credit report and big purchases made as your deal is unfolding can generate a lot to consider when taking on a life-changing endeavor such as purchasing a new home. If you make a wrong move, emotional and financial recovery could take years. So yes, buyer beware indeed.

The rapid pace at which the national real estate market has been evolving hasn’t helped anything. That’s because we all know that when we move quickly, it’s easier to make mistakes.

According to Quickenloans.com , “the COVID-19 pandemic came and threw the market into a counterintuitive frenzy, with higher-than-ever prices, surging buyer demand and historically low mortgage rates.”

Quickenloans.com, sharing information from Realtor.com, said, “home prices in 2020 shot up more than 10% compared to the previous year. In 2021, according to these predictions, prices will continue to climb—though not quite as dramatically as they did in 2020, thanks to an increase in sellers that will help quell buyer demand. For the entire U.S., Realtor.com predicts that in 2021 prices will see an increase of 5.7% year-over-year, while home sales will increase 7% year-over-year.”

If you’re planning on purchasing a new home, a solid first step is to give the law firm of Phillips & Millman a ring. These attorneys have a long history with real estate transactions, helping clients navigate red tape and ensuring that nothing falls through the cracks, from start to finish and beyond. Give a call at 845-947-1100 or visit pmlawny.com to get the ball rolling.

According to Phillips & Millman, if your offer to purchase a new home has been accepted, you’ve signed a contract and you are in escrow, waiting for the deal to close, you don’t want to open a new credit card or secure a new line of credit. That could impact the loan you’ve taken out to buy your dream home. You also don’t want to pay off an existing credit card with a substantial balance, because that could affect your loan. And as anxious as you are to make a big purchase in advance of sealing the deal—maybe new furniture, maybe new appliances—don’t do it. That could flag you (with credit reporting agencies?) , it could throw a monkey wrench into your escrow, it could cost you and it could prevent the deal from closing on the schedule for which you had planned.

According to Quickenloans.com , applying for credit before closing is one of the “15 First Time Home Buyer Mistakes.”

After the offer is accepted, it can be hard to fight the urge to buy all the things for your new home,” the website reads. “With new furniture, appliances and decorations to buy, many people apply for new lines of credit before closing on a house. What they fail to realize is, by doing this, they could be affecting their chances of getting the loan needed to close on the home.”

The problem is that, “Lenders don’t just check your credit score during the pre-approval process. Most will also check it just before your scheduled closing day. If you apply for credit before closing, it could cause your score to drop significantly. And if it drops below the score required for you to qualify for your loan, you may not be able to secure financing for your new home.

“Along with dropping your credit score, maxing out your cards or racking up charges also increase your debt-to-income ratio, which needs to be under 50% to qualify for a home loan.”

Yes, we know that this is a lot to think about at a time when you, in the pursuit of a new home, already have a lot to think about. But if you don’t plan for these things, if you don’t give it all a good thinking over, major, major problems that once made for ominous, cautionary tales could consume your life, your waking hours and your savings.

The purchase of a new home can turn from sweet to sour in an instant. Do all you can to create a home, sweet home. Be smart. Think smart. Act smart. Save smart. Spend smart.

Do I Need A Will?

Wed, 29 Dec 2021 13:00:00 GMT

The value of a possession is relative.

“The simple answer is, you should have a will,” said attorney Jeffrey Millman, of the Phillips & Millman law firm.

According to the American Bar Association , if someone dies without a will, their property will be distributed according to state law.

“...Typically the distribution would be to your spouse and children, or if none, to other family members. A state's plan often reflects the legislature's guess as to how most people would dispose of their estates and builds in protections for certain beneficiaries, particularly minor children,” reads americanbar.org.

But, the website continues, “That plan may or may not reflect your actual wishes, and some of the built-in protections may not be necessary in a harmonious family setting. A will allows you to alter the state's default plan to suit your personal preferences. It also permits you to exercise control over a myriad of personal decisions that broad and general state default provisions cannot address.”

So what exactly is a will?

“A will is a legal document that sets forth your wishes for the distribution of your property and, most important, the care of your minor children upon your death,” Millman said.

If you die without a will, your heirs could end up in costly legal proceedings before a judge.

A will serves multiple purposes. In addition to disposing of one’s property after they have died, a will, according to the American Bar Association , allows someone to:

Designate a guardian for minor children, which will minimize court involvement.
Designate an executor of your estate in your will. This could eliminate the need for court supervision of your estate’s settlement.
Provide for those who otherwise may not be accounted for in state inheritance laws, including stepchildren, godchildren, friends and charities.
Designate their successor if they are acting as the custodian of assets of a child or grandchild.

So how do you make this all legal?

According to the American Bar Association , “Wills must be signed in the presence of witnesses and certain formalities must be followed or the will may be invalid. In many states, a will that is formally executed in front of witnesses with all signatures notarized is deemed to be ‘self-proving’ and may be admitted to probate without the testimony of witnesses or other additional proof. Even if a will is ultimately held to be valid in spite of errors in execution, addressing such a challenge may be costly and difficult. A potential challenge is best addressed by executing the will properly in the first instance.”

As explained here, when it comes to leaving your affairs in order for when you pass, that old adage certainly applies: “Where there’s a will, there’s a way.”

Keep Your Mouth Shut

Wed, 22 Dec 2021 13:00:00 GMT

When it comes to run-ins with the law, court appearances, motor vehicle accidents and personal injuries, there are four simple words to keep in mind: Keep Your Mouth Shut.

What you say can be misinterpreted and used against you.

Doing something as simple as saying, “I’m sorry” at the scene of an accident can be construed by the other side as an admission of guilt. If you’ve been injured and an insurance adjuster calls, and asks how you’re feeling, and you quite innocently say, “I’m fine,” that could be noted in your file. It could also be raised in court and used against you if you are seeking financial damages for physical injuries from an accident. If you say “I’m fine,” that could reduce your compensation.

Your best bet is to hire an attorney from the law office of Phillips & Millman to advocate on your behalf.

Attorneys Frank Phillips and Jeffrey Millman, as well as their team, are well versed in legal nuance and they know what to say and what not to say. There can be a lot at risk if you’re headed to court, financially and otherwise. So you need to let the experts do the talking for you.

When it comes to Criminal Law, the U.S. Constitution should be kept in mind.

The Fifth Amendment says :

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Remember that, under the law, you can’t be compelled to be a witness against yourself

And now for the Sixth Amendment , which reads:

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”

Yes, you read that right. The law guarantees your right to legal representation. So don’t forfeit that guarantee, during criminal legal proceedings’, by opening your mouth when you should be keeping it shut.

A particular old adage seems most appropriate here, the one that, despite wide belief, neither Abraham Lincoln nor Mark Twain was the first to utter: "Better to remain silent and be thought a fool than to speak and to remove all doubt."

Drivers License Points

Wed, 15 Dec 2021 13:00:00 GMT

Accumulating points is usually a good thing.

Take for instance a backyard volleyball game at a summer barbecue. Whoever scores the most points wins and can brag as loudly as they like, much to the chagrin of everyone else, for the rest of the barbecue.

There is one glaring instance, however, where the goal is to refrain from achieving any points. When it comes to your driver’s license, points are a very bad thing that can restrict your driving privileges, increase your insurance rates and leave a dramatically negative impact on your life and your ability to get around town with ease.

Any New York State driver, regardless of how clean your record is, is well advised to read this web page , which has detailed information from the New York State Department of Motor Vehicles on how the point system works. For example:

“The Driver Violation Point System gives the New York State DMV a way to identify and take action against high risk drivers. The DMV assigns points for certain traffic violations. If you get 11 points in an 18-month period, your driver license may be suspended.”

It can also be revoked.

And, “Once 18 months have passed from the violation date, the points for that violation no longer count toward your total. However, the points remain on your driving record as long as the conviction remains on your record and may be used by your insurance company to increase premiums.”

In New York State, there is also the Driver Responsibility Assessment fee , which you must pay over a three year period if you are convicted of certain traffic offenses or accumulate 6 or more points on your driving record within 18 months. This fee comes on top of any fines, penalties or surcharges that you are assessed for a traffic conviction. The goal of this fee, according to the NYS DMV is “to prevent the repeated behavior of problem drivers and to improve traffic safety.”

Remember, if you’re ever in a pinch, large or small, regarding a citation for violating New York State vehicle and traffic law, the attorneys at Phillips & Millman are ready to learn the details of your situation and potentially plot out a strategy. Give them a call at 845-947-1100 .

For now, it’s back to points on your driver’s license. So, when it comes to points—who has to pay and how much is the damage?

If you are convicted of an alcohol or drugged driving-related offense or if you refuse to take a chemical test, the annual assessment is $250. The minimum amount that you must pay each year is the annual assessment. The total assessment for the three years is $750.
If you receive 6 points on your driver record for violations committed during a period of 18 months, the annual assessment is $100. The total assessment for the three years is $300. If you receive more than 6 points on your driver record during a period of 18 months, the annual assessment is $25 for each point in addition to the original six points.

If you don’t pay at least the minimum amount owed, your driver license will be suspended. And the amount you owe could increase if you are convicted of additional offenses.

So how is your point total calculated?

You must be convicted of a traffic violation before points are added to your driving record.
Your point total is calculated by the date of the violation, not the date of the conviction.
The points for violations that occurred within the last 18 months are added to calculate your point total.

Here is a list from the NYS DMV of violations and points:

Points are not assigned for:

Bicycle violations.
Pedestrian violations.
Parking violations.
Violations related to unregistered, unlicensed or uninsured operation.
Violations related to motor vehicle inspection, vehicle weights or dimensions or vehicle equipment other than inadequate service brakes.

You can take steps to remedy your points situation, outside of just waiting for the clock to tick and the months to pass. You can enroll in a DMV-Approved Point and Insurance Reduction Program course that will help prevent you from losing your license. Completion of the course triggers a 4-point reduction if you’ve accumulated 11 or more points. You will also save 10 percent on your auto insurance.

But keep in mind the points don’t physically vanish from your driving record. Click here to learn more about the Point and Insurance Reduction Program, which is also known as the Defensive Driving Course or Motor Vehicle Accident Prevention Course.

Attorney Frank Phillips of Phillips & Millman also wants to remind drivers that, although a judge cannot suspend your license if you fail to pay a fine,but that judge can suspend your license if you fail to appear for a scheduled court appearance.

Finally, it can’t hurt to keep an eye on how many points you may or may not have on your driver’s license by clicking here . Hopefully that number remains zero and you can focus on accumulating the right kind of points, at your next backyard barbecue volleyball match.

Car Maintenace

Wed, 01 Dec 2021 13:00:00 GMT

Not everyone can replace ball bearings on the wheel of a car, install a new headlight or change spark plugs.

But there are some basic automotive maintenance tasks that Bridgestone Tire recommends completing on a regular basis “to maximize the life and performance of your vehicle.” According to the law firm of Phillips & Millman, some of these tasks can also bolster your case if you’re ever in court because of a motor vehicle accident.

First, the Bridgestone list:

Check your oil and coolant levels at least once a month.
Allow your car’s engine to maintain proper air flow by checking the air filter.
Check tire pressure and tread depth, and don’t forget the spare. You’ll need a tire pressure gauge and don’t forget that, during the winter, tire pressure drops because of the cold.
Conduct a simple visual inspection of your headlights, turn signals, brake lights and parking lights. You’ll need a family member or friend to help with the brake lights.
The importance of checking and changing the oil in your car cannot be overstated. Motor oil lubricates your cars moving parts; serves as a sealant against debris; cools the engine; reduces wear and tear; and helps prevent corrosion. Oil change service centers are typically easy to find in any community, if you’re unable to perform this task yourself.
Rotating the car’s tires will help extend the life of each tire by balancing the tread wear. This task will also prevent noise and vibration issues.

“Worn brakes, rusty shock absorbers, tires low on air,” according to speedwaymedia.com , “these can all contribute to the effectiveness of your car’s ability to react properly in the event of a dangerous situation…”

Some of Speedway’s suggestions for keeping an eye on your car’s condition include:

Taking a penny and placing it in a groove of the tire tread with President Abraham Lincoln’s head upright and facing you. If you can see any part of the 16th president’s head, you might want to get your tires checked for wear by a professional.
Checking your oil by first wiping the dipstick clean with a paper towel or rag, then re-inserting the dipstick and checking the level.

Sure, this is pretty basic stuff. But car maintenance records can play a pivotal role in court if you or the other driver files a lawsuit and claims the other person was negligent when it came to routine motor vehicle maintenance.

“Clearly, taking care of your car can help prevent an accident,” according to Phillips & Millman. “But it can also help you in litigation if the accident wasn’t your fault.”

In the process of taking depositions and during any trial the other side’s attorney may ask when you last had new brakes installed, or simply had them inspected. Opposing counsel may also ask when you last changed the tires on your car.

“This is typically asked to raise the issue and cloud the issues at hand about who actually caused the accident. If you take care of your vehicle, you can cast all this doubt aside and keep the story focused on you, your damages and everything that you’ve suffered.”

DWI

Wed, 24 Nov 2021 13:00:00 GMT

As laid out by the National Highway Traffic Safety Administration , the costs associated with drunk driving are broad and staggering.

“Every day, about 28 people in the United States die in drunk-driving crashes—that's one person every 52 minutes. In 2019, these deaths reached the lowest percentage since 1982, when NHTSA started reporting alcohol data—but still 10,142 people lost their lives. These deaths were all preventable.

“...Driving after drinking is deadly. Yet it still continues to happen across the United States...Approximately one-third of all traffic crash fatalities in the United States involve drunk drivers (with BACs of .08 g/dL or higher)...However, even a small amount of alcohol can affect driving ability. In 2019, there were 1,775 people killed in alcohol-related crashes where a driver had a BAC of .01 to .07 g/dL.

“On average over the 10-year period from 2010-2019, more than 10,000 people die per year in drunk-driving crashes.

“In every state, it’s illegal to drive drunk, yet one person was killed in a drunk-driving crash every 52 minutes in the United States in 2019.”

In addition to the trauma that a drunk driving fatality can generate for those on both sides of this tragedy, there are the fines, the penalties, the prison time and the driving restrictions that can last for years or even a lifetime. In many cases, the family life and career of the drunk driver will never be the same.

Driving drunk generates many variables, from the moment someone is either pulled over by police or flagged at a checkpoint, until either a judge slams his or her gavel to impose a sentence.

There is so much at stake when it comes to drunk driving, whether you have suffered injuries from a drunk driver or are a family member who lost a loved one to a drunk driver. At the opposite end of the spectrum are the drunk drivers, who must navigate a seemingly endless maze of red tape as they work feverishly to stay out of jail or avoid cleaning out their life’s savings because of fines, penalties and mandatory classes. One could even lose their job over a drunk driving offense.

Your best first move is to call the law firm of Phillips & Millman, whose attorneys are well-versed in the legal ramifications of a DWI offense.

“Our team of lawyers has decades of experience and is led by two former assistant district attorneys who prosecuted a wide variety of cases before moving into the private sector and becoming defense attorneys,” reads the law firm’s website, pmlawny.com . “This experience as prosecutors helps Phillips & Millman successfully defend clients facing charges ranging from minor traffic offenses and DWI charges to the most serious of felonies. During these critical times, we stand by our clients’ side and ensure they receive fair treatment.”

And make no mistake about it, being charged with a DWI will be one of the most critical times of your life.

According to Stopdwi.org , the official website of STOP DWI New York:

Fines for alcohol offenses range from $300 to $10,000.
In addition to fines, court surcharges are applied to each offense and range from $260 for conviction of driving while ability impaired, a violation, to $520 for a felony offense.
A $750 Driver Responsibility Assessment is levied by the Department of Motor Vehicles, in addition to standard fees for re-issuing a license.
To become eligible for a conditional license, a cost of $200-$225 is charged for the New York State Drinking Driver Program.
Those referred for alcohol or substance abuse evaluation are responsible for the cost of treatment not covered by insurance.
To all of these costs, each offender must add the cost of a lawyer to represent them in court. Depending on the complexity of the case, fees range from $3,000 to $10,000.
Finally, each DWI Offender will have to purchase Automobile Insurance from the risk pool. The premiums paid by this group are typically 3 times that of other drivers.
Estimates of the Total financial cost of a typical DWI: $5,000 to $15,000.

Nothing good comes from drunk driving. And that’s something to remember before you have that one drink too many, or decide to get behind the wheel of a motor vehicle when it’s obvious you should call a cab/Uber/Lyft, get a hotel room or crash on someone’s couch.