Tag Archives: Neighbors

What Will Neighbors Think if You Spend Your Settlement Money? NY Accident Attorney Oginski Explains

What Will Neighbors Think if You Spend Your Settlement Money? NY Accident Attorney Gerry Oginski Explains
NY Medical Malpractice & Personal Injury Trial Lawyer
Email: Gerry@Oginski-Law.com

There are some injured victims who are extremely self-conscious.
They worry what other people think about them.
They worry that if they bring a lawsuit and are successful and recover money to compensate them for their injuries, that other people will think badly of them.

These same people question themselves and wonder what their neighbors and friends will think if they go out and spend the money they have received as compensation for their injuries.

“What will my neighbors think if I buy a Ferrari?”
“What will my friends think if I buy $1 million house that has wheelchair ramps and allows easy access for me?”
“My neighbors will think I’m not really that injured and look at say ‘Look at that guy spending all of his money’.”

Believe it or not, there are injured victims who think this way.

They would rather spend their time worrying about what their friends, neighbors and family think when deciding whether or not to pursue a lawsuit seeking compensation for all the harms, losses and injuries they suffered because of someone else’s carelessness.

There are some attorneys who try and change that person’s thinking.
There are some attorneys who spend hours explaining how that type of thinking and mentality has no place when you have been injured by someone else’s negligence.

My goal is not to change your opinion.
My goal is not to change your mindset.
My goal is different.

My goal is to get you to realize that what your friends and neighbors think about what you do with the money you have obtained is absolutely meaningless.

Let’s say for example that because you are so worried about what your friends and neighbors think you opt not to bring a lawsuit. I want you to imagine 10, 15 or even 20 years down the road what will happen if you can no longer provide for your family and pay for your kids college education.

Are your concerned neighbors and friends going to finance your kids college education? Will your friends and neighbors pay for your monthly mortgage payment and your car payments?

Will your friends and neighbors help you financially when you can’t pay for your health insurance and you need additional surgery?

The reality is that we all have friends and neighbors who love to give their opinions and talk. The fact is, none of them will step up to the plate and help finance you for all of the activities you do on a regular basis and all that you will need to do into the future.

When you have suffered injury as a result of someone else’s carelessness, you have an absolute right to bring a lawsuit seeking to be repaid for the debt was incurred because of that person’s or company’s carelessness. Should you opt not to do this, whether because of self-conscious reasons or otherwise, that is your choice.

Before making that choice however, you may want to look into the future to see what your life will be like if you choose not to go forward and seek compensation for your injuries.

Watch the video to learn more…

Here’s a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm

Here’s a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6

To learn more about how medical malpractice cases work in the state of New York, I encourage you to read this article…20 Reasons Not to Bring a Medical Malpractice Lawsuit Here in NY http://www.oginski-law.com/library/top-20-reasons-not-to-bring-a-medical-malpractice-lawsuit-in-new-york.cfm.

If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I’d be happy to chat with you.

Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021

Email: Gerry@Oginski-Law.com


The Massachusetts Rule Regarding Neighbors’ Trees: New Case Law

As the expression goes, “good fences make good neighbors.”
Under some circumstances, however, neighborly disputes can – and
do – arise. One of those circumstances deals with Mother Nature
at her finest: what happens when a neighbor’s tree branches reach
over another’s property, causing

This was the issue in a recent case decided by the Massachusetts Supreme
Judicial Court. In the case,
Shiel v. Rowell, the plaintiffs filed a complaint for private nuisance and trespass against
the defendant, a neighbor. The plaintiffs alleged that the neighbor’s
tree caused algae buildup on the roof of the plaintiffs’ home. Though
the plaintiffs asked the defendant neighbor to cut it down, the defendants
refused. The plaintiff sought money damages as well as an injunction requesting
that the overhanging branches be cut back. At trial, the judge dismissed
the plaintiffs’ claims. The plaintiffs appealed.

The case was originally decided based on the so-called “Massachusetts
rule,” which has long held that a landowner may not hold a neighbor
liable when a healthy tree on the neighbor’s property causes damage.
This rule was established by a case named
Michaelson v. Nutting–as that case pointed out, a Massachusetts landowner has the right
to use his or her land, and all of his or her land, to grow trees. In
that case, the Massachusetts courts recognized the plaintiff’s right
to cut off intruding boughs and roots in order to protect their own property
from harm.

The plaintiffs in this case urged the Massachusetts court to adopt the
so-called “Hawaii rule,” which grants neighbors the right
of action in order to resolve a dispute in court over healthy trees. The
Hawaii rule allows the neighbor to recover for damage and cut back branches
and roots if the tree causes imminent danger or sensible harm to the neighbor’s
property. The plaintiffs argued that the Massachusetts rule is outdated
and should be replaced. The plaintiff noted that today, people are living
closer to one another and on smaller tracts of land than at the time when
the Massachusetts rule was adopted. The defendants, on the other hand,
argued that the Massachusetts rule was more sensible and should not be

The Supreme Judicial Court sided with the defendants. In its decision,
the court discussed the steps towards disturbing precedent, and noted
that doing so would require something above and beyond mere disagreement.
“We may uproot precedent when ‘the values in so doing outweigh
the values underlying stare decisis.’ Overruling precedent requires
something above and beyond mere disagreement with its analysis,”
the Court noted.

In this regard, the Court refused to uproot the precedent set by the Massachusetts
rule. “We see no reason to consider the Massachusetts rule outdated.
It may be true that people today are living in closer proximity to one
another on smaller tracts of land than they were when the Massachusetts
rule was adopted in the early Twentieth Century,” the Court explained.
“But if changes in property ownership would lead us to believe that
tree owners are now better able to monitor their trees, the same would
be true for their neighbors to monitor and trim encroaching trees. It
may be easier to recognize impending or potential harm to one’s own
property from overhanging branches and intruding roots than it would be
for the tree owner to recognize what is happening next door. And even
if it is also true that trees today are more likely to cause property
damage to neighbors’ property, it would be ‘undesirable to categorize
living trees, plants, roots, or vines as a ‘nuisance’ to be abated.’”

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