What To Consider When Hiring A Lawyer After A Car Accident

A personal injury lawyer (or accident attorney) can be hired to represent you after a car accident, but you should be aware that there are many things that you should know before hiring an attorney. For example, you need to know if the attorney is experienced in your area of law and how much they charge for their services. 

What Does A Personal Injury Lawyer Do?

The term “personal injury” refers to a legal claim where a person or business is found liable for harm done to another person. This harm may consist of physical injury, emotional trauma, or even damage to property.

A personal injury lawyer is a lawyer who specializes in helping people who have been injured from another person’s negligence. They help the victims of car accidents, trucking accidents motorcycle accidents and many other forms of accidents.

Choosing An Attorney To Represent You

In order to choose an attorney, do your research and make sure you pick one that is a good match. When interviewing attorneys, make sure you ask them the tough questions about their experience, office hours, rates and cases they’ve been working on.

In order to be able to make a good decision for your attorney, research thoroughly and find an injury lawyer with great reviews. You should also do thorough research on the rates and hours of the attorney that you are going to hire because this will be very important when setting up your case. Be aware of how much work they have been doing lately because it will help with the case preparation as well as how much work they are willing to put into it for you personally. At our Queens personal injury law firm, we dedicate time and attention to each and every client.

What to Expect for Your First Meeting with the Lawyer

  • You should be able to talk about your concerns and your goals without feeling like you’re being judged.
  • Your lawyer will ask you questions and may want to do some research before they take on your case.
  • Many accident attorneys offer free initial consultations so that you can get a feel for what it would be like working with them.
  • You and the lawyer will discuss any relevant information about your case, such as what happened, who was involved, and how it has impacted you personally.
  • You may go over any deadlines or other important dates that need to be met in order to achieve the best possible result.

Your Lawyer’s Fee and How They Will Be Paid

Some attorneys charge by the hour, while others charge by project completion or by one flat fee. But most personal injury attorneys operate on a  contingency-fee-basis, which means that they only get paid if they win their case for you. The big benefit of using a contingency fee lawyer is that their incentives are properly aligned with yours since they only get paid if you get paid.


Personal Injury Accident Firm Of Queens 141-24 Jewel Ave Fl 2, Queens, NY 11367 (718) 682-3480

Legal Guardianship Options in New York

Guardianship law in New York is based on two types of guardianships, limited and plenary. Limited guardianship gives a guardian certain rights and responsibilities for the person who cannot take care of themselves. The guardian has to be appointed by a court and can be given control over property and finances. The court determines the limitations of guardianship so that it does not interfere with the person’s autonomy or rights.

Plenary guardianship means that the guardian’s authority is unlimited on all matters relating to you–including your health care, finances, where you go, who you see. etc

The court will appoint at least one person as your guardian if there are no living parents or other suitable relatives available to act as your guardian or if their condition makes them incapable of acting as your guardian.

When seeking to obtain guardianship over an individual incapable of making their own decisions, you might want to look into Article 81 or 17-A of the Mental Hygiene Law in New York. Guardianship is often sought when a person with dementia or Alzheimer’s becomes incapacitated and incapable of living independently. If this individual was intellectually or developmentally disabled, they would be more likely to need an Article 17-A guardianship. Article 17-A guardianships are most often used when developmentally disabled people reach the age of 18 and their parents or guardian need to apply for power of attorney so you can make decisions on their behalf. Guardianships in Article 17-A are brought in Surrogates Court, while guardianship proceedings in Article 81 are held at Supreme Court.

For more information about Guardianship law in New York State please contact Law Offices Of Roman Aminov.

Law Offices Of Roman Aminov, 147-17 Union Turnpike, Flushing, NY 11367 – (347) 766-2685



Supplemental Needs Trust & Supplemental Security Income Regulations

People who are qualified for Supplemental Security Income, otherwise called SSI, are dependent upon pay and resources limits. Beneficiaries cannot claim more than $2,000 in resources (or $3,000 in case they are married). We often get calls from SSI beneficiaries asking us how they can ensure their SSI benefits when obtaining a sizable sum of wealth, ordinarily from a legacy or an individual physical issue settlement. Assuming the beneficiary is younger than 65, a first-party supplemental necessities trust (“SNT”) might be a great choice.

The recipient can work with a unique necessities lawyer to set up the trust and name somebody, called the trustee, to hold the cash on their half. 

A trustee may even make payments for household items such as a personal care attendant or a wheelchair. By using an FPSNT, an individual no longer has to rely on family and friends and on the government programs and services that provide for their basic needs.

The creation of an FPSNT expressly reserves the right of the trustor to receive the trust’s income and principal money on his or her own behalf for his or her benefit; no other person can ever inherit from such a trust, subject to some limited exceptions.

You should have a lot of questions about the money you are about to receive after an inheritance or personal injury settlement. It is always smart to speak with a lawyer before you accept it. Call our office for a free consultation at 347-766-2686. Estate attorneys in Queens, New York will help you every step of the way.


Law Offices Of Roman Aminov 147-17 Union Turnpike, Flushing, NY 11367 (347) 766-2685

Providing Credit Shelter Through New York State Trusts

To fully take advantage of their combined estate tax exclusions, married couples use credit shelter trusts. This type of planner may be especially useful to couples living in states with state estate taxes in addition to federal estate taxes.

Credit shelter trusts will only be accessible to ultra-rich estates in 2021 as the federal estate tax limit is set at $11.7 million. Federal estate taxes are not imposed on the first $11.7 million of an estate. Additionally, a married couple could use both spouses’ exemption amounts to avoid paying federal estate taxes if their combined estate exceeded $23.4 million. There is the concept of portability within the federal estate and gift tax regulations in New York City. In other words, if one spouse does not use the entire exemption amount, the remaining amount is portable to the surviving spouse at their ultimate death. A surviving spouse, however, must formally elect to utilize their spouse’s remaining estate tax exemption upon the death of their first spouse.

If the first spouse dies leaving their entire estate to the second spouse, there will be no estate tax due. The federal estate tax exemption amount for married couples is $5.95 million. Furthermore, the couple may be liable for estate taxes if they live in a state with a separate estate or inheritance tax. The estate tax-exempt amount of one spouse cannot be transferred to the other in New York state. In the event of an estate not planned properly, the couple’s estate, as well as the second spouse’s estate, may be liable for estate tax. The value of a married couple’s assets is generally split up by them, and an amount equal to the current estate tax exemption amount for the surviving spouse is positioned in a credit shelter trust. The assets can then be passed to the survivor without becoming part of their spouse’s estate and passing directly to them.

We are ready to answer any questions that you may have and would be happy to set up a free case evaluation with one of our attorneys.

Roman Aminov Esq. Estate, Probate & Elder Law of Queens – 147-17 Union Tpke, Queens, NY 11367, (347)766 2685.


Inflation-adjusted basis and capital gains tax

Inflation-adjusted basis and capital gains tax allow the taxpayer to take the current value of an asset as its basis for capital gains tax purposes. This is often referred to as “step-up in basis” or “step-up in cost”. The donor of the asset gets a step-up too, but they don’t pay any capital gains tax on their donation.

The step-up in basis is a provision in the United States tax law that permits an individual to increase the basis of any property, including stocks and bonds, without incurring capital gains tax. This change was implemented by President Trump to make sure that the rich don’t take advantage of this loophole. Step-ups can occur either when an individual dies or sells the property for more than its adjusted basis. A taxable event occurs when an individual sells their assets for less than their adjusted basis so they automatically incur taxes on any increased value above what they originally paid. The reason for this is because the person is not allowed to purchase any other property with cash other than his/her house, cars, and investments without paying taxes on it.

It would also have a big impact on estates with a lot of illiquid assets like real estate. Even if the asset is not sold by the beneficiary, there is a proposal that would apply a capital gains tax. This could force heirs to sell their inherited family property, liquidate inherited requirement accounts, and even have a significant impact on corporate assets.

If you are looking for an experienced law firm that will provide you with the right advice, contact Roman Aminov Law Office today.


Law Offices Of Roman Aminov, 1600 Ave. M, Brooklyn, NY 11230, (347)76 62682