NICHOLS LAW FIRM PLLC

411 East Main Street

Malone, New York 12953

(518) 483-2200 (Fax) 483-0099

In general, an employee with a work-related illness or injury can get money from workers’ compensation regardless of who was at fault — the employee or the employer. In exchange for these guaranteed benefits, employees usually lose the right to sue the employer in court for damages for those injuries.

Our workers compensation professionals can help you with your work comp claim and make sure you get all the benefits and money you are entitled to.

Workers’ Compensation laws are designed to ensure that employees who are injured or disabled on the job are provided with fixed monetary awards, eliminating the need for litigation. These laws also provide benefits for dependents of those workers who are killed because of work-related accidents or illnesses. Some laws also protect employers and fellow workers by limiting the amount an injured employee can recover from an employer and by eliminating the liability of co-workers in most accidents. State Workers Compensation statutes establish this framework for most employment. Federal statutes are limited to federal employees or those workers employed in some significant aspect of interstate commerce.

Other laws protect employers and co-workers by limiting recovery amounts and liabilities of both the employers and co-workers. Both state and federal workers compensation statutes provide this structure.

Frequently asked question’s about workers compensation claims:
What is workers compensation?

Workers compensation is a legal procedure for compensating injuries that have taken place on the job.
What exactly does on the job constitute?

It means any action either at the place of work or for the cause of work and/or an employer.
What should I do if I am hurt on the job or during the course of working for an employer?

You should obviously take care of your injury by seeking medical help right away, and as soon as possible you should contact your employer and explain the circumstances.
What if I’m not hurt bad enough to see a doctor and don’t receive an examination, but then later develop a medical problem?

Workers compensation claims are approved by the state compensation board, and if you don’t verify your work injury by visiting a doctor for at least a minimum examination, then you may not be able to prove that your injury or medical problem was related to your job.
How do I file a claim and what responsibility does my employer have?

It is the individual’s responsibility to see to it that all paperwork has been filed correctly. You can obtain forms from your employer and medical records from your doctor. It is also advisable to seek legal advice in all cases as a precautionary measure. In more serious cases, you should definitely seek legal representation to protect your rights.
How much money can I receive, and what about lost wages or future wages?

It depends on the seriousness and nature of the injury. In addition, you will be entitled to recover medical fees, lost wages and future wages. Depending on the state you can receive ‘temporary total disability’ for short-term lost wages, ‘permanent partial disability’ for partial loss of function, or a ‘permanent total disability award’ for a total loss of function.
Can I sue my employer for my injuries?

No. Injured workers are compensated through a dedicated state compensation fund.
Is there any other assistance besides contacting a lawyer?

Yes, some unions have workers compensation representatives who are familiar with the process of filing a claim and what pitfalls to avoid while pursuing rewards. This will vary from state to state, and is worth looking into as a reinforcement for your claim.

Do you have additional questions about workers compensations issues?  If you need legal assistance with a workers compensation claim, please call Nichols Law Firm PLLC at (518) 483-2200 for a free consultation.

The value of your personal injury case depends on:

* The facts of your case
* The quality of your evidence
* The knowledge and dedication of your personal injury lawyer

FACTS: The facts of your personal injury case need to answer two all-important questions of any personal injury case: who was at fault, and what are your damages? Before you can expect to successfully pursue a personal injury claim or injury settlement, there must be another party who is responsible for your personal injury, and you must have damages (losses) for which you can be compensated.

EVIDENCE: Of course, just having the facts on your side isn’t enough. You and your personal injury lawyer have to prove them in a court of law-or at least convince the insurance company’s attorney that you will be able to do so. That means that your personal injury case needs the availability of detailed police reports, your personal injury attorney’s ability to craft strong discovery documents and take depositions, and the availability of witnesses and physical evidence.

YOUR PERSONAL INJURY LAWYER: The quality and commitment of your attorney is critical to a successful personal injury claim. Your personal injury lawyer will have to gather evidence, interview witnesses, negotiate with the insurance company, calculate your damages, and much more. Without that ability and willingness, even favorable facts and evidence may not translate to fair compensation for your personal injury.

If you were injured or think you have a personal injury case, call our office at (518) 483-2200 for a free consultation. Let our professionals guide you through the process.

Civil Law – referring to one’s basic rights guaranteed under the Constitution (and the interpretations and statutes intended to implement the enforcement of those rights) such as voting, equitable taxation, freedom of speech, press, religion and assembly. Generally these are referred to as “civil rights” which have required constant diligence and struggle to ensure and expand, as in the Civil Rights movement between 1950 and 1980. Violation of one’s civil rights may be a crime under Federal and/or state statutes. Civil rights include civil liberties. Civil liberties emphasize protection from infringement upon basic freedoms, while statutory rights are based on laws passed by Congress or state legislatures

Civil law is a legal system inspired by Roman law, the primary feature of which is that laws are written into a collection, codified, and not determined, as in common law, by judges.

[1] The principle of civil law is to provide all citizens with an accessible and written collection of the laws which apply to them and which judges must follow. It is the most prevalent and oldest surviving legal system in the world. The primary source of law is the law code, which is a statute grouping rules and standards concerning a particular subject matter and arranged in classified order.

[2]A code may also be described as “a systematic collection of interrelated articles written in a terse, staccato style.”

[3] Law codes are usually created by a legislature’s enactment of a new statute that embodies all the old statutes relating to the subject and including changes necessitated by court decisions. In some cases, the change results in a new statutory concept. The two other major legal systems in the world are common law and Islamic law.

A prominent example of civil law would be the Code Napoleon (1804), named after French emperor Napoleon Bonaparte. The Code comprises three components: “Persons,” “Things and Different Forms of Ownership,” and “Different Ways of Acquiring the Ownership of Things.” Rather than a catalog of judicial decisions, the Code consists of abstractly written principles as rules of law.

Civil law is sometimes inappropriately referred to as Roman law or otherwise called Romano-Germanic law or continental civil law, especially by people under its jurisdiction. The expression civil law is a translation of Latin Jus Civile, or “citizens’ law”, which was the Late Imperial term for its legal system, as opposed to the legal systems of conquered or adversarial peoples.

If you need legal assistance with a Civil law matter, please call Nichols Law Firm PLLC at (518) 483-2200 to arrange a  conference to discuss your options.

Civil Matters
- Sexual Harassment
- Wrongful Termination
- Contractor Disputes
- Evictions
- Small Claims
- Labor Relations
- Discrimination

What is Medical Malpractice?

Medical Malpractice is the failure of medical professionals to provide adequate treatment to patients resulting in a personal injury or substantial loss of income.

Why Is A Medical Malpractice Lawyer Needed For Medical Mistakes?

Medical Malpractice is a doctor’s failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances. When medical “standards” are not followed, it is also known as med mal. A lawyer that knows about medical problems & medical laws is needed to help a claim reach the courts in the fastest, accurate, and most complete way possible. A medical malpractice lawyer will work with the hospital system & medical law system to find out what your rights and legal options are. While you or someone you know gets better or recovers from your medical mistake or injury, the medical malpractice attorney will fight for your legal rights.

Have I Waived My Rights Because I Signed A Consent Form?

This question is asked by numerous people. Health care providers are not given a license to commit malpractice simply because a consent form was filled out by a patient. Despite the fact that the execution of a characteristic consent form specifies acknowledgment of the stated risks and complications in conjunction with a given treatment or operation, it doesn’t relieve a health care provider from their responsibility of meeting the standard of care in association with such treatment or operations.

What Is The First Step A Medical Malpractice Attorney Would Do In Pursuing A Medical Malpractice Claim?

The first step in deciding whether to pursue a medical malpractice case is to determine whether or not you have been the victim of medical malpractice. Even though not every unfortunate outcome is the result of medical malpractice, if you feel that something is not right, you should react accordingly and consult a qualified attorney knowledgeable of the medical field to evaluate your case. This process generally involves attaining and evaluating medical records and other relevant materials. If it appears that the case is strong enough, the next step in the process involves giving written notification of the claims to the parties suspected to be responsible for medical malpractice.

If you need legal assistance with a Medical Negligence Claim, please call Nichols Law Firm PLLC at (518) 483-2200 for a free consultation.

Other malpractice or negligence areas:

Pharmaceutical
Insurance Bad Faith
Seatback Failure
Dog Bites
Wrongful Death Diagnosis
Swimming Pool Accidents
Premises Liability
Products Liability
Failure To Warn of Dangers
Amusement Park Accidents
Seat Belt Injury
Nursing home abuse

Car Accidents

A serious car accident can have devastating consequences for those involved. Severe injuries, expensive medical bills, extensive property damage, and lost income are just a few difficulties often faced by car accident victims and their families. For these and other reasons, car accidents are the most common basis for personal injury lawsuits.

In New York, the traffic laws that determine who is at fault in car accidents are numerous and complex. As a result, it can be difficult to prove liability in a court of law. If you’ve been seriously injured in a car accident, the best way to ensure that you receive compensation for your loss is to hire an experienced car accident lawyer who has the knowledge and trial skill necessary to win your case. For more than 17 years, Nichols Law Firm PLLC have been dedicated to providing exceptional personal injury representation. Through skill, experience, and dedication, you can get the help to achieve a resolution that meets your needs and those of your family. Contact our office today if you would like more information about how we can help you.

Truck Accidents

Large commercial vehicles such as semi-trucks pose a unique danger on the roadway. Their large blind spots, extended stopping distance, and high center of gravity are often a factor in collisions with other vehicles.
In lawsuits involving truck accidents, an important piece of evidence often presented is the trucking company’s work log. Many truck drivers violate hours-of-service regulations in an effort to meet delivery deadlines. These drivers may become fatigued and lose their ability to operate a vehicle safely. A company work log can reveal this type of work violation and help prove a truck driver’s liability.

When investigating the cause of a truck accident, time is of the essence since trucking companies are required to retain their work records for only a matter of months. If they are lost or destroyed, it can be difficult to prove negligence on the part of the truck driver. Through extensive experience, Nichols Law Firm PLLC can conduct detailed accident investigations and obtain all of the documentation necessary for an effective case.

Motorcycle Accidents

Because of their low visibility on streets and freeways, motorcyclists are especially vulnerable to accidents out on the roadway. At Nichols Law Firm PLLC, our motorcycle accident personal injury team is committed to helping injured motorcyclists get through the difficult time that follows a serious accident.

Victims of motorcycle wrecks unfortunately face an uphill battle in seeking compensation for their injuries. Insurance companies employ high-powered attorneys who work to see that accident victims receive little, if any, payment for their loss. When compensation is offered, it is usually minimal because insurers know that accident victims are likely to accept a smaller settlement in their weakened state. For these reasons, it is in the best interest of motorcycle accident victims to retain a qualified attorney who has dealt extensively in the negotiation and settlement of accident claims.

At Nichols Law Firm PLLC, our experienced staff handle all aspects of motorcycle accident litigation so that our clients can focus on recovering from their injuries. If you have been seriously injured in a motorcycle accident, please contact Nichols Law Firm PLLC today. Serving you first, our professionals can ensure that you receive full and fair compensation for your losses.

On occasion, people file for a legal separation due to religious reasons or to overcome the residency requirements for filing for a divorce, or because one party needs to remain on the other party’s health plan for medical reasons. Later, they convert the matter to a dissolution. In any event, the result of a legal separation is very similar to a dissolution except that the parties may not remarry.

In its simplest terms, the difference between a legal separation and a divorce is that a divorce ends a marriage, while legal separation does not. A legal separation allows some cool-off time for a troubled couple and gives them a chance to reconcile their relationship. And if things work out well between the couple later, the legal separation can be ended and the couple can continue their marriage. A divorce on the other hand puts a permanent full-stop to the marriage. There are some more differences between a legal separation and a divorce.

Legal separation is a judgment issued by a court of law. A judgment of a legal separation lawsuit leaves the couple with the legal status of married persons while settling the respective rights and obligations that each spouse has to the other. Spouses who are legally separated are not free to marry since neither has been returned to the legal status of an unmarried person.

To be sure, a judgment for legal separation should not be confused with living apart from each other. If you and your spouse decide on your own that it is time to part ways, you are not legally separated. However, the day you decide that your marriage is over can become your date of separation. This date will be important if you decide to file for a divorce or legal separation.

Sometimes a couple thinks that they need a divorce, when actually what they need is some time out. The pressure between two married people can sometimes be eased by just staying away from each other.

Trial Separation: Here the couple lives apart to cool the tensions between them. Often, there is just a simple fight between the couple, or a clash of egos. In such a case, a trial separation keeps them apart for a while and gives them a chance to realize that they cannot live without each other and that divorce is too extreme a step.

Living Apart: A situation where the spouses are no longer residing in the same dwelling. The legal rules for such an arrangement varies from state to state. If the couple knows that they are certainly not getting back together, in some states, the rules to asset ownership and accumulated debts change i.e., depending upon the rules in each state, the assets/debts incurred by one spouse may be the property of that person alone or a joint property.

Permanent Separation: A situation when a couple is sure of splitting up. In most states, all assets and debts incurred by either spouse is their own responsibility, EXCEPT in certain cases, where they are incurred for maintaining their marital home or their children.

Legal Separation: Legal separation is very much like a divorce. The court rules on various issues such as division of property, separate maintenance, child custody and visitation rights, but does not end the marriage. A divorce might be the next step, but a legal separation at least gives the couple an opportunity to continue their marriage.

In addition, a legal separation does require the consent of both parties whereas no such consent is necessary for a divorce.

Breaking up is hard to do? Not anymore.. read more here

Governor Paterson proposes to cut hundreds of thousands of dollars in state aid for civil legal services to low-income New Yorkers. read more here

How do I know if I have been discriminated against? read more here

Civil and Criminal Court Structure… read more here

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