PERSONAL INJURY
Jones, Hogan & Brooks, LLP’s personal injury practice strives to obtain compensation for people harmed by some else’s negligent or malicious acts. Our personal injury practice represents clients who have been injured either financially or physically as a result of the actions of another. Our firm is experienced in a wide variety of personal injury topics and we handle a wide range or personal injury areas, including, but not limited to automobile, truck and motorcycle accident cases, slip and fall cases, defective products, and construction cases. Our firm handles personal injury cases on a contingent basis, which means you pay no attorneys’ fees, except disbursements, unless a recovery is made in a case.

A “tort” usually must occur for a personal injury claim to arise. This means a person or some other instrumentality causes injury to another person or another person’s property. Basically a “tort” is committed when one person is harmed either financially or bodily because of the improper act or actions of another. The goal of our tort/personal injury law practice is to recover damages from the individual(s) or corporation responsible for causing such harm to our clients.


WILLS AND ESTATES
It is generally accepted that everyone needs and should have a Will, Health Care Proxy and a Durable Power of Attorney. Depending upon a person’s financial circumstances, age and health, there may be need for more than this. Failing to be prepared for one’s old age, infirmity and eventual death, usually creates unnecessary family strife and expense. We have provided these services to literally thousands of clients since the founding of our firm. Additionally, estate planning can significantly save your and your family money that might otherwise have to go to taxes and the government. Wills and estate planning insure that your assets go to your intended beneficiaries after your passing. Also, if you have minor children, it is important to remember that in a Will, you can state who you wish to have as guardian of your minor children, which can be even more important than money.

In most cases, it is necessary to probate a Will when a person dies. Probating is a process by which a Will is declared valid and the assets of the deceased person are distributed pursuant to the Will. Our office provides legal services to families, executors and estate administrators with regard to probate process and estate administration. It is our goal to assist the persons affected, the executors and administrators through this process in a professional and dignified fashion. Our office has three (3) legal assistants dedicated solely to estate work.


REAL ESTATE
From single family transactions to complicated commercial projects, the firm carries a wealth of experience in real estate. Examples include: residential property sales and purchases, and mortgage closings; real estate contracts; leases; real estate financing; title examinations and title insurance policies; IDA program transactions; §1031 non-taxable exchange transactions; mortgage foreclosures, actions to quiet title; condemnation /eminent domain proceedings; boundary line agreements; easements; real property tax assessment review proceedings; adverse possession; encroachments and liens.

Our firm also writes Title Insurance for both lenders and purchasers at standard rates. Such rates charged for Title Insurance can be found at the following website:  www.ratecalculator.fnf.com.


ELDER LAW
We all get older, and hopefully, we will make it to our twilight years. However, in order to do so comfortably, we all need to plan for our futures. Accordingly, we help clients prepare and plan for the eventualities that occur in old age. This type of planning includes disability planning, estate planning, long-term care insurance, Medicaid, medical directives, Medicare, estate tax issues, Social Security and other benefits.

Utilizing this type of planning can ultimately save you and your family hundreds of thousands of dollars, as well as unnecessary anguish and strife. Where necessary, we can recommend and/or work with specialized experts that handle the planning issues outside the purview of the law.


BUSINESS AND COMMERCIAL LAW
Business Start-ups and Corporations:
If you currently own a business or want to start one up in this day and age, you need an attorney who can give you advice and help you set it up with the proper business structure. There are many ways to set up a business. Our office is experienced in setting up all types of business entities, and can advise you which is best for you. We have experience in setting up sole proprietorships, partnerships, corporations and limited liability companies. The type of business entity that would be best for your and your needs will vary based on the situation.

Other critical issues include agreements between owners, investors, partners or shareholders regarding ownership, finances, profits, death, and the withdrawal of an owner. Having a lawyer spell this out for you when you set up a business allows you to concentrate on running a business rather than the legalities that may arise.


LITIGATION AND DISPUTE RESOLUTION
Litigation is the process by which a dispute is resolved through utilizing the Court system. Our firm has a reputation as experienced, tough and thoughtful litigators, which often helps us reach positive verdicts for our clients, as well as settlements prior to a trial, resulting in less time, expense and uncertainty for our clients.

We strive to keep our clients out of Court. By preparing our case ahead of time, we try to bring the other side to the table and negotiate an advantageous settlement for our clients without having to go to litigation. However, when Court is unavoidable and it becomes necessary to fight for our clients’ rights, we are steadfast in working to win your case and achieve the outcome you desire.


SOCIAL SECURITY DISABILITY / WORKERS COMPENSATION
Persons who are disabled for an extended term or permanently due to illness or injury or other causes may be eligible for Social Security Disability or Supplemental Security Income benefits. We are ready to provide advice to assist in applying for appropriate program benefits. We are also prepared to represent claimants in controverted cases through the process of hearings and appeals.

Although the majority of work related injuries or diseases are routinely responded to satisfactorily by employers and their insurers, occasionally benefits for medical care and lost wages are denied. Our attorneys will examine your claim to assist you in obtaining the care and compensation to which you are entitled.


MUNICIPAL LAW
Our firm currently provides complete legal services to several municipal clients located in Niagara and Orleans Counties. Our firm serves city, town and village governments (including Planning and Zonings Boards).

We represent our clients in the areas of General Municipal Law, Zoning and land use, litigation and litigation avoidance, Labor and Employment Law, Public Finance Law, Environmental Law, Industrial Development Agencies and construction projects. We draft local laws and resolutions, advise and prepare findings on land use matters, navigate our clients through SEQRA, review building contracts and consult on employee conduct issues, including the preparation and/or amendments to Employee Handbooks.

Additionally, several of our attorneys are municipal prosecuting attorneys, and as such, represent certain municipalities with regard to prosecuting traffic violations, building code cases, minor violations under the Criminal Law, and dangerous dog cases.


LAND USE, ZONING AND PLANNING
Our attorneys provide land use, zoning and planning services to both non-municipal and municipal clients. In the jurisdictions where we do not represent municipalities, we assist private clients in appearing before local Zoning and Planning Boards to obtain planning approval, site plan review, obtain variances and Special Use permits.

In jurisdictions where our office represents the municipality, we advise municipalities in all areas of land use, zoning and planning matters. This includes:

• Preparing Local Ordinances and Laws necessary for master plans and other necessary local legislation.
• Our firm provides legal representation on several Zoning and Planning Boards, and advises each Board with regard to pending applications and assistance interpreting laws; and
• We assist municipalities and their appropriate boards and committees in navigating through the State Environmental Quality and Review Act (SEQRA).

MATRIMONIAL AND FAMILY LAW
Divorce, Child Custody, Child Support and Adoption:
Our Family Law and Matrimonial Law attorneys and support staff provide the legal expertise and compassion that are necessary to assist our clients when family issues arise. We understand the extreme emotional distress that is involved when families are confronted with these sensitive issues.

The attorneys and support staff from our firm stand ready to provide our clients with assistance as to questions regarding Divorce, Separation and Prenuptial Agreements. We are also well prepared to provide representation concerning Family Court matters including custody, visitation, paternity cases, maintenance (“alimony”) and child support payments.

Our attorneys and staff members are also well experienced in the area of Adoption Law. We regularly provide assistance as to both Agency sponsored and Private Adoptions.

It is our hope that you will give us the opportunity to assist you if you encounter legal problems concerning family issues. Our attorneys and other staff members are well equipped to help you deal with the anxiety that goes hand in hand with these issues. It is our goal to provide you with the legal guidance to help you get through such difficult challenges.


CRIMINAL DEFENSE/DWI
We represent criminal defendants for everything from minor criminal violations through misdemeanor and felony cases. This covers the range of all Courts beginning with villages and towns, all the way through City Courts, County Courts and Supreme Court. We have experience representing defendants in the Counties of Niagara, Orleans, Erie, Monroe and Genesee.

We realize that many of our clients have no previous involvement with the criminal justice system, and we strive to be sensitive to our clients needs and achieve the result that is fair and just.

With regard to driving while intoxicated, we have extensive experience representing first-time offenders to individuals facing felony charges. The laws in New York State regarding driving while intoxicated are constantly changing and tightening up against defendants. If you are currently charged with a DWI charge, we will be glad to consult with you in order to explain how the current law affects your individual circumstances.


VEHICLE AND TRAFFIC
It is never a good idea to plead guilty to a traffic offense. A guilty finding could put points on your license, increase your insurance rates, cause DMV Driver Responsibility Assessment fees, and result in a suspension or revocation of your driver’s license.

Our office represents all charges of criminal and non-criminal, moving and non-moving violations in all the Courts in Western New York and beyond. We have successfully defended hundreds, if not thousands, of cases, usually resulting in reduced points or the total elimination of points altogether.

The Department of Motor Vehicles (DMV) will suspend your driver’s license if you receive 11 points or more in 18 consecutive months. Additionally, the DMV will revoke your driver’s license if you are convicted of three (3) speeding violations within an 18 month consecutive period regardless of the number of points you have. Accordingly, the accumulation of points is a very serious matter. Besides the previously mentioned accumulation of points and their related offenses, vehicle and traffic violations can also affect your livelihood if you are a professional driver. Special care must be taken with regard to holders of commercial driver’s licenses (CDL’s).

If you received a traffic ticket, your license has been suspended or revoked, if you have been stopped by police, cited out and not given a chance to explain yourself, call our office. We will be glad to listen to your side of the story and fight for you in Court.


BANKRUPTCY
Individuals, families and businesses sometimes find that unmanageable debt and demands of creditors have become overwhelming. We are prepared to meet with you and evaluate your particular circumstances and advise if bankruptcy or some other option is the best course of action in your situation.

If bankruptcy is indicated, we will determine which action under the Bankruptcy Code should be taken, usually Chapter 7 or Chapter 13 in consumer cases. The necessary steps will be taken to obtain debt relief by preparing and filing the petition and documents, responding to creditor inquiries, and appearing with you at meetings or other proceedings.