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How does Chapter 7 bankruptcy work in Alabama?

How does Chapter 7 bankruptcy work in Alabama?

March 26, 2021/0 Comments/in Legal News /by jennifer

Acquiring debt is easy but getting out of it is the challenge. According to Bankrate.com, consumer debt was at $14.2 trillion as of November 2020, and Americans were “carrying an average personal debt of $92,727.” While some fall into debt trying to start a business, others let their spending get out of control, eventually landing them in a situation where they cannot afford to pay back even one lender who they borrowed from.

While there are certain methods individuals can use to get their debt under control such as obtaining a debt consolidation loan, there is also bankruptcy. Although there are different forms of bankruptcy an individual can file for, Chapter 7 is one of the more common forms used by individuals. With Chapter 7 bankruptcy, individuals are given the opportunity to discharge some or all of their debts which gives them a “fresh start,” according to the United States Bankruptcy Court Southern District of Alabama.

If an individual is drowning in debt, is being sued by one or more creditors, or is looking for a way to obtain a fresh slate, they can schedule an initial consultation with an Alabama bankruptcy lawyer to find out if they qualify for Chapter 7 bankruptcy.

 

Things to Know About Chapter 7 Bankruptcy

 

  • Chapter 7 bankruptcy is often referred to as “straight bankruptcy” in Alabama.
  • If an individual qualifies for Chapter 7 bankruptcy, a trustee will be appointed to their case and will help them sell assets that are nonexempt. The money received for these assets will be used to pay creditors.
  • Although certain property may be protected from being liquidated, there is a chance that an individual could lose some of their property.
  • Chapter 7 bankruptcy is only available to certain types of business owners. If a business owner isn’t sure whether they would qualify to file for Chapter 7 bankruptcy, they can always consult with an attorney who can determine this for them.
  • Repayment plans are not a part of the Chapter 7 bankruptcy process. Instead, individuals will use the proceeds from their assets to pay their creditors and some or all of their remaining debt will be discharged.

Important: It is important for individuals to understand that certain types of debt cannot be discharged in a Chapter 7 bankruptcy and they would, therefore, still be obligated to pay the creditor in which they owe.

 

If an individual in Alabama is considering filing for bankruptcy and they would like more information or they want to determine if they qualify, they can contact Hill, Gossett, Kemp & Hufford, P.C. to speak with an Alabama bankruptcy attorney.

 

Disclaimer: No representation is made that quality of legal services provided is greater than the quality of legal services provided by other attorneys.

 

Hill, Gossett, Kemp & Hufford, P.C. can be reached at:

 

Moody Office

2603 Moody Parkway, Suite 200

Moody, Alabama 35004

Phone: (205) 640-2000

Website: www.hwhlawgroup.com

 

Leeds Office

7900 Parkway Drive

Leeds, AL 35094

Phone: (205) 699-5500

 

Springville Office

6441 U.S. Highway 11

Springville, Alabama 35146

Phone: (205) 467-2225

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Are business arrangements necessary when starting a new business in Orlando, Florida?

Are business arrangements necessary when starting a new business in Orlando, Florida?

March 26, 2021/0 Comments/in Legal News /by jennifer

Whether an individual is looking to start a business with a long-time friend, spouse, or even someone they recently met, it is always a good idea for them to hire an Orlando, FL business law attorney who can help them write up a business arrangement that will outline all of the terms both parties are required to abide by along with what each party’s obligations are to the company. Business arrangements are not only important to have in the event of a discrepancy, but also if a couple decides to separate or two partners decide they no longer want to be in business together.

 

What needs to be included in a business arrangement?

  

  • Each party’s role. It is important to delegate who will do what for the company. Each person should have a set role and all of their responsibilities should be clearly outlined in the business arrangement.If one person is heading the company’s marketing department and another is responsible for accounting, this needs to be written in the arrangement.

 

  • The company’s mission statement. A company should have a clear and concise mission statement and all parties involved in the business should be in agreement with what this is. If one individual has their own vision for the company, it could cause issues down the road and potentially interfere with the company’s ability to grow and profit.

 

  • How decisions will be made. It isn’t unlikely for two business partners to disagree on a matter. Maybe one person is wanting to take the business in a different direction while the other is looking to expand on the services the company offers, both of which will cost the company a substantial amount. Because business partners might bump heads on certain matters, they need to have some sort of process they follow for getting the matter settled. And this is something a qualified business law attorney in Orlando, FL can help them address.

 

  • Finances. Another important part of a business arrangement that must not go ignored is finances. Business partners need to decide who gets paid what, how often, and what will happen to the money that is earned.

 

Why it benefits to hire an Orlando business law attorney to help write up a business arrangement?

 

While it is evident that two or more business partners are capable of writing up their own business arrangement, it may not uphold in court in the event one individual decides to challenge it later on or an issue arises. Business arrangements need to be written in a way that adheres to state laws and is clear and understandable. What might be clear to two business owners may not be clear to a lawyer or a judge, and therefore, business owners should consider having an attorney help them write up their business arrangement.

In order for a business arrangement to have all that it needs and is sure to make sense in the event a legal issue arises, it is recommended that business partners retain a business law lawyer who is qualified and capable of helping them draft their arrangement. Legal Counsel P.A. is a business law firm located in Orlando, FL that can help business partners understand the importance of a business arrangement and assist them with getting theirs written up.

 

Legal Counsel P.A. is located at:

 

189 S. Orange Avenue, Ste. 1800

Orlando, FL 32801

Phone: 407-395-2653

Website: www.legalcounselpa.com

Email: [email protected]

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Immigration Scams to Look Out for When Applying for DACA

Immigration Scams to Look Out for When Applying for DACA

March 26, 2021/0 Comments/in Legal News /by jennifer

Atlanta, GA—The DACA application process can be confusing for some which is why many often seek legal assistance so they don’t have to go through it alone. While there are plenty of reputable immigration attorneys available to assist a person who is looking to apply for DACA such as those at Kuck | Baxter Immigration, many are deterred from hiring a licensed lawyer after being convinced by individuals (i.e. notaries) who are unauthorized to practice law that they can help them at a lower cost.

 

How to Avoid an Immigration Scam When Applying for DACA

 

Immigration scammers have grown rather creative with the methods they use to deceive individuals who are simply looking for help with obtaining an immigration benefit. They might send an enticing email or call an individual who was recently looking online for legal help and offer services at a much lower cost than what a person would pay if they were to hire a licensed Atlanta, GA immigration attorney.

Unfortunately, because these individuals, often referred to as a notarios, aren’t licensed to provide legal advice or help, they will take a person’s money and fail to provide them with the services they thought they were paying for. So, if an individual in Atlanta is looking to apply for DACA or submit a renewal application, they are encouraged to take the following tips into consideration to avoid falling victim to a scammer.

 

  1. Avoid accepting help from someone who says they are a notario, notario público, or notary public, according to the Federal Trade Commission (FTC). These individuals are not attorneys and are not qualified to provide legal advice or legal services.

 

  1. Steer clear of those who require a fee for blank government forms. If an individual says they charge a fee for immigration forms, this should serve as a red flag as the forms themselves are free.

 

  1. Avoid signing forms before filling them out. Individuals should never sign a blank form. Instead, they should wait until after they have filled them out completely to sign them. The FTC also says they shouldn’t sign anything they don’t understand.

 

There are many individuals today who are looking to collect money without providing services or gain access to a person’s personal information to use it to their benefit. These individuals, often referred to as scammers, should be avoided at all costs. If someone wants to apply for DACA but has legal questions or concerns, they should contact an immigration law firm in Atlanta that is qualified to provide them with the assistance they are seeking.

Kuck | Baxter Immigration is one firm that has been helping individuals for years and can be reached at 404-816-8611.

 

Kuck | Baxter Immigration can be reached at:

 

365 Northridge Road, Suite 300

Atlanta, GA 30350

Phone: 404-816-8611

Website: www.immigration.net

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Is there a way to appeal USCIS’s decision on a DACA application?

Is there a way to appeal USCIS’s decision on a DACA application?

March 26, 2021/0 Comments/in Legal News /by jennifer

Atlanta, GA—Generally, U.S. Citizenship and Immigration Services (USCIS) does not give individuals the option to file a motion for reconsideration or request an appeal if the agency denied their request for Deferred Action for Childhood Arrivals (DACA). However, USCIS will allow an individual to get a Service Request created if they believe they met all the eligibility criteria to qualify for DACA benefits and was denied because of one of the following reasons:

  • They were denied due to abandonment although they did respond to USCIS’ Request for Evidence (RFE) to an Intent to Deny (NOID).
  • The RFE or NOID was sent to the wrong address even though the individual had provided USCIS with their current address.
  • USCIS believes they did not arrive in the U.S before their 16th birthday despite the evidence they submitted that shows they did.
  • USCIS alleged they were under the age of 15 at the time they filed their application but were not in removal proceedings when the evidence they submitted proves otherwise.
  • They were allegedly 31 years of age or older as of June 15, 2012, even though they were under the age of 31 as of June 15, 2012.
  • USCIS claimed they had lawful status on June 15, 2012, but according to the evidence that was submitted, they were considered unlawful.
  • They were denied because they were not physically present in the U.S. on June 15, 2012, up until the date of their filing even though they submitted evidence that proves they were.
  • They were denied because one or more filing fees were not satisfied.

 

To review the additional grounds for which USCIS will allow an individual to get a Service Request created, click here.

 

How can an Atlanta, GA immigration attorney help with a denied DACA application?

 

If an individual was notified that their DACA application was denied or their renewal request was not approved, they can contact an Atlanta, GA immigration lawyer for legal advice. Whether an individual’s application was denied for one of the reasons listed above or another, they are encouraged to consult with an immigration attorney who can confirm or deny if they can get a Service Request created.

In the event an individual’s DACA application has been denied and there is no way to get the decision reversed, an Atlanta, GA immigration attorney can determine if there are other immigration benefits they qualify for and assist them with applying for them.

To speak with an Atlanta immigration lawyer regarding a denied DACA application or to get an immigration-related question answered by a skilled attorney, contact Kuck | Baxter Immigration at 404-816-8611.

 

Kuck | Baxter Immigration can be reached at:

 

365 Northridge Road, Suite 300

Atlanta, GA 30350

Phone: 404-816-8611

Website: www.immigration.net

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How Bad is Police brutality in Arizona?

March 26, 2021/0 Comments/in Legal News /by efigueira

Police brutality has an obvious effect on the victim who suffered it. It leaves emotional scars, possibly physical scars, and, likely, a lack of faith that any police officer will behave differently in the future. The best outcome? Surviving the incident of brutality. The worst outcome? Death. In a larger way, police behavior in a community determines how law enforcement is viewed by that community and nearby communities. So when we look at the pandemic of police brutality in the United States, we must examine its effect on first-degree victims, and we must consider its impact on second-degree and third-degree victims as well.

Police Brutality in Communities

In the past decade, the public’s understanding of police brutality has grown exponentially, and no year was more illuminating than 2020. Before the greater public’s awareness was expanded by news stories of police violence that often included video from cameras worn by police or from bystanders, knowledge about the frequency and breadth of police brutality was largely limited to its victims and their communities. For these people, police brutality may have been the norm, instead of an exception.

The spectrum of police brutality includes many offenses, ranging from excessive or unnecessary force, non-righteous officer shootings, and racial bias to civil rights violations, misconduct, and not administering medical aid to injured suspects. History has shown a consistent failure by police departments to be accountable for their officers’ behavior and to be transparent about their mistakes. Because of this history, citizens in some Arizona communities experience policing as a danger, instead of a security.

Repairing the Damage

The goal of police reform must be repairing the damage done by years of police brutality and gaining public trust in communities. Many ideas have been put forth as possible components of a solution. For example: 

  • De-escalation training: Police departments need to learn how to de-escalate situations without violence.
  • Mental health expertise: Police departments need to recognize a mental health situation and take appropriate action. Social workers could add value to police departments by providing this expertise.
  • Mental health internal resources: Police departments can improve their internal recognition and acceptance of—and access to—mental health resources for officers.
  • Accountability: Police departments need to encourage the public and its officers to report police brutality, and then they need to properly investigate the reports. Investigations should be as impartial as non-police ones, and officer punishments should be no different than that of regular members of the public.

Arizona Victims

Every five days, an Arizona police officer aims a gun and shoots at a member of the public. In Phoenix in 2017, a “fatal arrest” occurred when police tried to arrest a man on an outstanding warrant for a misdemeanor charge. These kinds of events do nothing to bolster public opinion about the safety and security provided by police officers. If you have been a victim of police brutality, you need legal help.

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Frustration as Special Education Complaints in New York Grow

March 26, 2021/0 Comments/in Legal News /by efigueira

In New York, students are guaranteed access to special education if they require it. Everyone can agree that these students are just as entitled to proper education as anyone else. Unfortunately, there is sometimes a gap between what the state of New York promises and what it delivers. Although many special education programs in the Empire State are of a high quality, mistakes are often made. As a result of these mistakes, the educational journeys of innocent children are often disrupted or slowed down. It’s a surprisingly common occurrence in New York, and many concerned parents are trying to figure out what to do next.

If you believe that your student’s special education needs are not being met, you have every right to hold educational institutions accountable. With the help of a qualified, experienced attorney, you can pursue legal action against these institutions and programs to ensure your child continues to get the education that they are legally entitled to. For best results, make sure to team up with an attorney who actually specializes in special education law in New York. These legal experts can help you pursue a positive legal outcome in an efficient manner.

There is a Massive Backlog of Special Education Complaints in New York

In March of 2021, it was reported that there was a massive backlog of special-education complaints in New York City. Advocates and educational officials were voicing their frustration at this inadequate resolution system, stating that more needed to be done to address thousands of concerns across the city. Parents are obviously concerned that their children are not receiving the right special education services, but their complaints are not being dealt with in a timely manner.

According to reports, there are more than 14,000 active complaints. In addition, there is an inadequate amount of hearing officers to deal with these complaints. At one point, a single officer was trying to juggle over 1,700 different complaints. While municipal officials have increased the number of hearing officers recently, many still claim that it’s not enough.

What Does the State of New York Say About its Special Education?

According to New York’s official Department of Health website, special education services are supposed to fulfill the following goals:

  • Make school programs more effective for students with disabilities
  • Improve outcomes for students with disabilities
  • Follow federal and state regulations that pertain to special education
  • Enforce the protections guaranteed by law to students with disabilities

Enlist the Help of a Qualified Attorney Today

If you’re serious about getting help for your child with special needs, help is available. New York’s premier special education resource is the Law Office of Lloyd Donders. With a wealth of experience with special education law in New York, Lloyd Donders is in an excellent position to assist concerned parents. We understand the frustration and stress caused by the backlog of complaints, and we can help you expedite this process and pursue justice.

 

The Law Offices of Lloyd Donders

25 Maple Avenue
Hastings-on-Hudson NY 10706
Suite 3B

NYC Office – By Appt. Only
8 West 126th Street
New York, NY 10027

Phone
Office: 914.588.9229

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What does a driver need to do immediately after an accident in Baton Rouge?

March 26, 2021/0 Comments/in Legal News /by brian

Baton Rouge, LA – The moments following an accident can be crucial for both the purposes of treating injuries and documenting the collision for insurance claims or lawsuits. Drivers should be aware that there are certain standard procedures that increase their likelihood of success and recovery. It is in their financial interest to follow all of these steps closely. 

Remaining at the scene

Leaving the scene of a car accident is a crime in Louisiana and all other states. Even if the accident appears to be very minor, the driver should at least stop and exchange information with the others involved before leaving. If the people involved agree that the accident appears very trivial, they can move on without filing an insurance claim. However, the drivers may not be protected if injuries or car problems appear later and they did not initially contact the police or their insurance company. 

Contacting emergency services or police

If there appears to be any kind of property damage or injuries to anyone involved, it is important to contact the local police or call 911. The police officers on the scene will begin to conduct an investigation of what possibly caused the accident. This can be very important for anyone who wants to try to file a lawsuit at a later time if they want to prove that the other driver was at fault. The formal accident report often offers insight about who was responsible for the collision and other important facts such as the time, place, and extent of the damage. 

Getting in touch with an insurance company

All commercial insurance providers require their customers to report their accidents as soon as realistically possible. The driver should call the provider as soon as they are safe and able to do so. The insurance company will likely ask for basic details such as who else was involved and where and when the crash happened. They will also send an adjuster to review the damage to the vehicles if any property or collision damage is reported. 

Drivers should be aware that despite these procedures, the insurance company ultimately has the discretion to choose to pay claims or not. This can be especially frustrating for drivers who have been paying for coverage in case of a collision. Many lawyers who focus on accidents help clients when the insurance process is not helping them. 

Speaking with a local lawyer after a collision

Personal injury lawyers assist their clients with holding the person or business responsible for their injuries accountable through a civil lawsuit. Miller, Hampton, and Hilgendorf are experienced attorneys who work on these types of cases in Baton Rouge and other parts of Louisiana. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

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What forms of wage theft prevention exist to help workers in Texas?

March 26, 2021/0 Comments/in Legal News /by brian

Houston, TX – Many workers will experience some kind of improper pay or wage theft throughout the course of their career. Because this has become such a common problem, many pieces of legislation have been passed and various efforts have been made to educate employers and prevent them from exploiting their workers through improper pay. 

How wage theft happens

Some wage theft is an honest mistake that occurs due to improper deductions, administrative errors, or payroll system problems. In these cases, the worker can normally bring the issue to their employer’s attention and have it resolved. In other situations, the employer may be deliberately trying to steal from workers in order to save money. This is often more difficult to detect, as the employer is depending on things such as underpaying workers, having them do unpaid work, or misclassifying them as part of their business model. Outside intervention may be necessary if the employer is unwilling to cooperate with workers who report missing wages. 

Wage theft prevention measures

When the Fair Labor Standards Act took effect, it detailed procedures for following minimum wage laws, overtime, and other related matters that directly affect a worker’s pay.  Another later law called the Wage Theft Prevention Act criminalized certain behaviors when an employer purposely withholds proper pay from workers. The law also requires employees who have had their wages stolen to receive restitution and their employer will face financial penalties. Together, these federal laws and others give workers a course of action to follow when they deal with wage theft issues. There are also various state and federal employment boards and commissions that investigate employers after a complaint about issues such as illegal wage withholding and discrimination. 

The federal Department of Labor is also given authority by the FLSA and other laws to enforce its provisions against workplaces that violate various labor standards. 

Lawsuits against employers

If a worker does not receive help from their employer with these kinds of issues, attorneys who practice in the field of labor law can bring a civil case against the company responsible. Like in many other civil lawsuits, the defendant can be responsible for paying damages to the victim. In the case of wage issues, the remedy is usually all of the worker’s missing back pay, plus interest on outstanding wages. 

Attorneys who handle unpaid wage claims and related issues

Moore and Associates is a firm that handles employment law cases in the state of Texas. Anyone who is dealing with unpaid wages, wage theft, discrimination, or sexual harassment can get in touch with the firm to explore their options and learn about filing a lawsuit. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

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What is the purpose of a medical examination during a car accident lawsuit in Connecticut?

March 26, 2021/0 Comments/in Legal News /by brian

New London, CT – Many car accidents result in some kind of health issues or medical problems, even if they are not apparent immediately after the collision. Both insurance companies and attorneys may recommend that the victim receives a medical examination from a doctor to prove the extent of their injuries. These examinations can also provide important medical documentation and other records that are used during the discovery process or throughout the personal injury lawsuit. 

Insurance companies and their doctors

When a car accident victim files an insurance claim, the provider normally has their own group of doctors that are supposed to provide an independent analysis and examination of the person’s injuries and verify that they actually sustained an injury. In a general sense, this is meant to help prevent insurance fraud and verify the severity of the injury and necessary course of treatment. 

However, these exams also create problems because the doctor may ultimately be trying to protect the insurance company and downplay the severity of an injury. Some insurance companies even try to use doctors that do not have the proper qualifications to examine the person’s specific injuries. 

If it seems that the insurance company is attempting to find reasons to avoid paying a claim, the victim should retain their own injury lawyer immediately to intervene. 

Doctors and evidence for use in a lawsuit

When a health professional looks at a person’s injuries, they may be called to testify in court at trial or take a deposition to explain their examination further. Doctors are valuable witnesses at trial because they can be qualified to give opinions about the person’s treatment and give other kinds of testimony that are not allowed by standard witnesses. The rules of evidence in each state give requirements for a person to be qualified as an expert witness. 

Medical records and information obtained in the exam can also be useful for settlement negotiations. A lawyer who knows that their client is responsible for a serious injury or health problem may be more willing to settle the case for an amount that is favorable to the plaintiff. Settlement negotiations can also give a preview of the kind of information and evidence that would be introduced if the case goes to trial. The defense may actually lose much more money if they lose the case after a jury trial. 

Lawyers who file accident lawsuits in Connecticut

Holth and Kollman is a firm that represents local clients in the New London area during their accident lawsuits. Their personal injury attorneys are available to talk with local clients about the possibility of bringing a civil case against the person responsible for their losses. 

Firm contact info:

Holth & Kollman, LLC

58 Huntington Street, New London, CT 06320

860-447-0331

www.holthkollman.com

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Stanley Law Helps Injured Workers in New York Navigate the Legal System to Obtain Compensation

Stanley Law Helps Injured Workers in New York Navigate the Legal System to Obtain Compensation

March 25, 2021/0 Comments/in Legal News /by jennifer

There are many risks associated with working in the construction industry. Workers who are required to perform jobs at elevated heights are at risk of falling and suffering serious and even fatal injuries and those who must work underground or around heavy machinery could fall victim to unstable ground or defective equipment. As dangerous as the construction industry is to work in, many individuals put their health and lives on the line to get the jobs they are hired to do done.

Unfortunately, when an accident occurs on a construction site and a worker gets hurt, it is often unclear to them what their rights are particularly because New York State’s construction and labor laws are so complex. Thankfully, there are Syracuse, NY workers’ compensation lawyers who can help an injured construction worker understand the laws that can be used to protect them and potentially help them recover compensation.

 

Stanley Law is Here to Help Injured Construction Workers Understand Their Right to Compensation

 

As confusing as New York State’s construction and labor laws may be, injured construction workers need to get informed on the different types of benefits and damages they may be entitled to receive. Those who suffer injuries in a construction site accident in New York State may be able to obtain benefits by:

  1. Filing a worker’s compensation claim.
  2. Filing a lawsuit against a job site owner, general contractor, or other third-party.

 

Types of Workers’ Compensation Benefits an Injured Worker May Be Entitled To

 

Most construction workers who suffer injuries on the job can obtain medical and wage replacement benefits. Workers who obtain care by an authorized physician can generally get all of their care paid for. If a worker misses more than seven days of work due to their injuries and their physician has concluded that their injury prevents them from working, they should then be entitled to collect a portion of their regular wages for a certain period of time.

Although workers’ compensation benefits should be provided to most construction workers who suffer an on-the-job injury, not all are able to access these benefits, whether it is because their employer doesn’t want to provide them or because they are told their position prohibits them from receiving them.

While this can be true in certain situations, it is best for an individual to consult with a Syracuse, NY workers’ compensation attorney to find out if the information they are being provided with is accurate.

 

Suing Over a Construction Accident in Syracuse, NY

 

Construction workers may also be entitled to recover compensation by filing a personal injury lawsuit against certain parties such as a job site owner or general contractor if either party’s negligence played a role in causing the incident to occur. For instance, if a job site owner failed to warn workers of potential hazards and allowed work to be performed, they could be held financially liable for any accidents that occur.

 

Stanley Law is Here to Help Injured Workers Recover the Compensation They Are Due

 

If an injured construction worker in Syracuse is having a hard time understanding what benefits they are eligible to receive or if they have a right to take legal action against a third-party, Stanley Law is here to help them. Stanley Law does provide free consultations so an injured worker is given the opportunity to speak with a legal professional before making any commitments.

 

Stanley Law can be contacted at any of their office locations listed down below:

 

Syracuse Office

215 Burnet Avenue

Syracuse, NY 13203

Phone: 1-800-608-3333

Website: www.stanleylawoffices.com

 

Binghamton Office

84 Court St, Ste 414

Binghamton, NY 13901

 

Watertown Office

200 Washington St, Ste 407A

Watertown, NY 13601

 

Rochester Office

510 Clinton Square Ste 521

Rochester, NY 14604

 

Montrose Office

22 Public Ave

Montrose, PA 18801

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