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KOKOLAKIS & ASSOCIATES, P.C. is a full-service law firm. We combine individual client attention with quality legal expertise.
Our areas of practice include Personal Injury, Real Estate, Bankruptcy, Commercial and Corporate matters, Immigration, wills and probate, trusts and estates, lending and litigation.
Our clients' rights are primary. We treat our clients with courtesy and consideration at all times. Special attention is given to what are clients have to say while understanding their goals and providing an educated assessment of the likelihood of success, the risks, the alternative approaches to resolving the issues and do these things in a timely and economic manner. Our clients are informed through each step of the process. We believe you are entitled to an attorney capable of handling your legal matter competently and diligently, in accordance with the highest standards of the profession.
Our clients include individuals, families, emerging and established businesses large and small, retailers, manufacturers, real estate buyers, sellers and developers, lenders, partnerships and corporations.
PERSONAL INJURY
When someone is physically or emotionally injured, or their personal property is damaged, it is considered in law to be a "personal Injury". Generally, when a person is injured by the negligence of another they may have a claim against the person or company responsible for their injuries. A lawsuit can provide compensation to those who have suffered a physical injury as a result of the wrongful act of another. Such cases often arise because of automobile accidents, negligent maintenance of property, or a company's negligent hiring or retention of an employee who causes injury to another.
We understand that when you lose a loved one due to another's negligence or when you suffer a catastrophic injury due to the negligence of someone else, you need an aggressive and committed attorney to fight so that you receive the compensation you deserve.
The Law Firm of KOKOLAKIS & ASSOCIATES, P.C. represents victims of serious personal injury or the wrongful death of a family member. Representation includes people injured in serious automobile, tractor-trailer, train or motorcycle accidents. Also represented are clients who have been harmed by defective products, including pharmaceuticals or household products.
From initial intake through the gathering of facts and evidence, Kokolakis & Associates, P.C. strive to develop cases so that the truth can be told to a Judge or Jury. The duress that is experienced with injury cases and the physical, mental and financial burdens that can occur with such injuries is clearly understood.
Personal injury cases can be complicated and involve a number of different parties with different interests. Kokolakis & Associates, P.C. can help to eliminate stress by working directly with these entities to represent YOUR best interests. We are able to negotiate directly with insurance companies and other corporate entities to ensure that full and fair analysis and value is given to your case. Further, through tireless preparation and investigation, John Kokolakis exhaustively covers all legal and factual issues to ensure maximum recovery. He understands that excellence requires focus and dedication.
John Kokolakis is qualified to discuss the specific facts surrounding your injury and your options under the law. If you believe that you or a family member has been injured by the negligence of another, please contact our office for a free, no obligation consultation. Mr. Kokolakis can assist in evaluating your case. Representation is based on a contingency fee arrangement. Therefore, you only pay attorneys' fees if a recovery is made. You will receive a written copy of the contingency fee agreement that states the terms of our representation.
AUTOMOBILE ACCIDENTS
A person who negligently operates a vehicle may be required to pay for any damages, either to a person or property, caused by his or her negligence. The injured party, known as the plaintiff, is required to prove that the defendant was negligent, that the negligence caused the accident, and that the accident caused the plaintiff's injuries.
A driver may also be liable for a motor vehicle crash due to his or her intentional or reckless conduct. A driver could be found reckless, for example, if he or she drives in a threatening or harassing manner out of "road rage" and causes an accident.
Being involved in a motor vehicle crash can be a difficult and traumatic experience, and may require the guidance of an experienced attorney. At KOKOLAKIS & ASSOCIATES, P.C., John Kokolakis successfully represents those who have suffered significant injuries in motor vehicle crashes.
Mr. Kokolakis work with doctors, other health care providers, traffic investigators, and a variety of experts to evaluate the fullest extent of recovery available to car accident victims and their families as well as the various theories of liability that enable those victims to collect from the parties who caused them harm.
In order to be considered eligible for first party no-fault insurance benefits it is absolutely imperative that an insured or covered party notify his insurance carrier within thirty (30) days of the accident or, if hospitalized and/or severely disabled, as soon as practicable. Failure to notify the insurance carrier in a timely manner could result in your being denied first party no-fault benefits.
The applicable statute of limitations for filing a lawsuit to recover for non-economic damages (i.e. pain and suffering) or an economic loss greater than the basic economic loss is three (3) years from the date of the accident.
Accordingly, you may wish to consult with an attorney as soon as possible following your accident to ascertain what time periods are controlling and the best manner
If you or a family member have been injured in a motor vehicle crash, he is available to answer your questions. Kindly place a telephone call, send an inquiry by using the form at the help page or just email our office.
SLIP & FALL
Generally, the owner is the responsible party for the proper maintenance of a particular property. When you are caused to slip, trip or fall as a result of a dangerous or hazardous condition on someone else's property and is injured, the land owner or business proprietor may be liable for your injuries.
Dangerous or hazardous conditions include, but are not limited to, falls as a result of water, ice or snow, as well as abrupt changes in flooring, poor lighting, or a hidden hazard, such as a gap or hard to see hole in the ground.
Property owners are responsible for injuries that occur as a result of a dangerous or hazardous condition on their property, which the owner knew about, or should have known about. The hazard may be obvious or hidden. In some instances it may not be apparent, as in flooring which appears normal, but is slippery. It could be permanent, like broken concrete with a change in elevation, or temporary, like a liquid spill in a supermarket aisle. In general, an owner will be considered to have notice of a dangerous or hazardous condition if it is permanent in nature, since the owner knew, or should have known, about the condition before the incident occurs.
Notice may be established in two possible ways - (1) Actual Notice or (2) Constructive Notice.
Actual notice means that the defendant actually knew of the condition through their own observations, or caused and created the condition through their own affirmative acts.
Constructive notice means that the condition was in existence for a long enough time before the occurrence that in the exercise of reasonable care a reasonable person who has the obligation of maintenance or repair should have known of it with enough time to repair it before the accident. In other words, constructive notice may be established even if the defendant had no actual knowledge of the condition before the accident.
For example, in a situation where a mayonnaise jaw fell and spilled in the supermarket aisle, the length of time that the condition existed before the incident occurred has legal significance. If the spill occurred just before the incident, then the property owner may not be liable for injury, since the owner could not have known about the spill (and would not have been able to do anything about it) before the slip and fall occurred. However, if the spill was present for some period of time before the incident, or occurs in an area subject to liquid spills, or is a recurring event ("every time they wash the floor someone slips") then the owner may be liable, even if the owner did not know about the spill before it occurred.
In the event you have been injured as a result of a slip and fall, you may want to consult with an attorney to determine if you have a claim against the landowner.
It is important to note that floor or ground conditions may change, and you may need to preserve or record the condition that caused your injury (typically with a photograph or videotape). In addition, every state has a "statute of limitations" which limits the time you have to act. Some states require you to give notice to certain types of landowners, such as municipalities, within as little as 30 to 90 days of the incident. If you do not give the required notice, or sometimes file a claim or lawsuit within the time set by law of the state in which the injury occurred, you lose your ability to recover from the landowner. If your injuries turn out to be more severe than they first appear, you'd be in trouble.
If you have a valid claim against the landowner or responsible party for your injuries, delay may be fatal to your claim. You should act quickly to evaluate your options.
REAL ESTATE LAW
The purchase or sale of your residence is likely one of the single largest financial transactions of your life. You need representation from someone who represents your rights exclusively. While licensed real estate agents and brokers can assist in preparing real estate purchase contracts, they cannot dispense legal advice, and you are always within your rights to request that your real estate attorney review the document before you sign it.
Moreover, the purchase or sale of a property does not merely involve a contract of sale. The Law Firm of KOKOLAKIS & ASSOCIATES, P.C. reviews or prepares the contract of sale between buyer and seller; reviews existing title evidence, survey, tax data, mortgage data, assessments, liens, easements and restrictions; interviews and counsels client; coordinate with lenders, realtors and attorney for opposite party; advise client concerning procedures relating to the transaction, including obtaining and discharging mortgages, obtaining insurance, acquiring possession and paying expenses related to closing; monitor compliance with contract including obtaining of mortgage by buyer, payment of balance of earnest money, and establishing closing time, place and procedures, and arrangements for possession; review title continuation and ascertain the nature of title exceptions, and prepare necessary documents to clear title exceptions; review current survey for accuracy and encroachments; prepare or review closing documents, including the deed to real estate (including counsel on proper method of delivering and holding title), title insurance, bill of sale of personal property, mortgage documents (for buyer), transfer documentation, title bill and settlement statement; supervise the signing of documents; attend closing and supervise title procedures and delivery of closing documents, verification of closing figures and compliance with contract, payment of purchase price or delivery of proceeds, delivery of possession, recording of deed and ordering title insurance and payoff of items to be paid from closing proceeds.
It is imperative that your legal rights are adequately represented while the purchase or sale of your property is transacted in a smooth and competent fashion.
IMMIGRATION
Kokolakis & Associates, P.C. has successfully represented clients with their immigration needs. Immigration areas include employment-based and family-based immigration law, petitions for non-immigrant visas and immigrant visas, and applications for lawful permanent residence and naturalization. Employment petitions include H-1B (professional worker), L-1A/L-1B (intra-company transferee), and other visas. (These are sometimes labeled differently, such as H1B, H1b, L1A, L1a, L1B, L1b, etc.)
The firm also handles labor certification applications for various occupations (for example, aerospace engineering, mechanical engineering, software engineering, information technology, architecture, geology, horticulture, and culinary arts), as well as immigrant visa petitions for outstanding researchers, individuals of extraordinary ability, and managers/executives. Family-based immigration law legal services include applications for permanent residence (adjustment of status), waivers, fiancée petitions, removal of conditional status (Form I-751), consular processing abroad, and naturalization.
LITIGATION
Disputes can arise between two individuals, such as a disagreement between you and the contractor who remodeled your home with inferior material, or two drivers who are involved in an auto accident, or a disagreement over the sale of a house. If the dispute is not settled by agreement between the parties then the dispute would be taken to court and the proper papers would be filed initiating a lawsuit. Generally, attorneys would prepare the facts and laws supporting their client's demands, send papers to the other side, conduct depositions and present the facts at a trial. The dispute would then be decided by a judge or jury.
In the construction case the litigation would determine if the remodeling was done properly, how much it would cost to do the job right, what damages you suffered because of the improper construction, and who owes what to whom. In the auto accident case, the court would decide who was liable or responsible for the accident, was the person who brought forth the lawsuit injured, and what monetary value is assigned to the injuries.
Litigation also may be used to resolve a dispute between an individual and a business, perhaps over a defective product, or a lease of property, or between two businesses that may be having a dispute over patent rights or the terms of a contract between them.
Laws exist that put an absolute time limit on filing a complaint and initiating a lawsuit. This time limit is referred to as the "Statute of Limitations". Different statutes of limitations exist for different areas of law. For instance, a case involving bodily injury from an automobile accident must be brought to suit no later than three years from the date of accident. While the statute of limitations are three years in a personal injury action, other sensitive deadlines expire much sooner. Therefore, it is important that you consult an attorney immediately in the event you believe that you may have a claim. It is very possible that you have less time than you think to file a complaint and initiate a law suit.
CONTRACT LAW
A contract is basically an agreement between two or more people which creates an obligation to do, or not do, something. The agreement creates a legal relationship of rights and duties. If one side fails to live up to his or her part of the bargain, there's a "breach" and the law provides certain remedies for solving the differences.
A contract can take several forms, it can be written on a piece of paper and in certain circumstances it can even be oral.
There are three factors necessary to create a contract: 1) an offer, 2) acceptance, and 3) consideration. One party makes an offer, the second party must accept the offer and there must be consideration exchanged. Consideration has to be something of value.
For a contract to be valid, each party must have the capacity to enter into it. Most people and companies have sufficient legal competency. A drugged or mentally-impaired person has impaired capacity and chances are a court may not hold that person to the contract. Generally, minors cannot enter into a binding contract without parental consent, unless it is for the necessities of life, such as food, clothing, or for student loan contracts. For a contract to be legally enforceable, not only do all the parties to the contract have to have the capacity to enter into it but there must be consideration if all parties are to be held to the contract. No side can have a free way out or the ability to obtain something of value without providing something in exchange. Examples of compensation are Money, property, giving up a right or valid claim, making a promise to do or not to do something, or anything of value.
Contract law is the law that governs contracts. Specifically, it covers the legal implications of a contract. For instance, contract law determines what is and is not consideration, whether a contract was actually intended, if the parties making the contract were legally competent, whether there was fraud or duress involved, or how a contract is terminated.
Contract lawyers provide legal representation to draft contracts including purchase and sale agreements, business forms, licensing agreements, employment agreements, and other contracts. In addition, contract lawyers assist clients in litigation commonly associated with contracts including breach of contract suits, suits to enforce an agreement, and fraudulent contracts.
Contracts and contract suits can be complicated and involve different parties with different interests. Kokolakis & Associates, P.C. can help to eliminate stress by working directly with you to represent YOUR best interests. John Kokolakis exhaustively covers all legal and contractual issues to ensure maximum recovery. He understands that excellence requires focus and dedication.
John Kokolakis is qualified to discuss, draft and review your contract. If necessary, even initiate a law suit in the event of a breach. If you wish to consult with an attorney when considering a contract, John Kokolakis and his support staff at Kokolakis & Associates, P.C. are readily available to meet with you to discuss your particular concerns, needs and desires.
BANKRUPTCY
Bankruptcy is a proceeding in which a court administers the estate (the property and other assets) of a debtor for the benefit of creditors.
Bankruptcy law contains different groups referred to as "Chapters". One Chapter in particular is a Chapter 7 Bankruptcy.
A Chapter 7 Bankruptcy may assist individuals, married couples, corporations and partnerships who are unable to pay their existing debts by discharging those debts. Once debts are discharged you will no longer be responsible for their payment.
The procedure starts with the filing in bankruptcy court of the official petition and a "Statement of Financial Affairs." This statement contains extensive schedules requiring a detailed list of all your debts, including: all priority debts (including taxes); all "secured" debts (including home mortgages and auto loans) that have property as "collateral"; and all unsecured debts of any kind.
Other information that must be provided on the Statement of Financial Affairs includes: the names and addresses of the creditors; a list of all assets, including real estate and all forms of personal property.
It is extremely important that the Statement of Financial Affairs be completed accurately. Debts that are not listed in the statement will not be discharged at the completion of the bankruptcy proceeding. Failing to list assets in an attempt to hide them from creditors may result in serious consequences, including the denial of discharge or charges of bankruptcy fraud.
Under a Chapter 7 Bankruptcy a trustee (appointed by the court) determines if you have any assets which may be seized for the benefit of your creditors and takes possession of your property that is not considered "exempt." Exempt property isn't available to pay the claims of creditors and you can keep it. Federal statutes and state laws determine what property is considered exempt. Property will be claimed as exempt in the schedules that are filed to initiate the case. If no objections are filed to the exemptions, they become final 30 days after the meeting of creditors. KOKOLAKIS & ASSOCIATES, P.C. will assist you by explaining what assets are exempt.
KOKOLAKIS & ASSOCIATES, P.C. offers free telephone consultations for new clients considering bankruptcy who cannot get to our office or simply telephone our office to schedule a free office initial bankruptcy consultation. Legal fees depend upon the complexity of your case, and we offer flexible payment plans. Retain this office with no money down, and we'll stop creditor harassment immediately.
CORPORATE LAW
A corporation is a framework for conducting modern business. It is created under the laws of a state to carry on some business or other authorized activity separate from its owners. Common features of a corporation include limited liability of the owners, issuance of stock in evidence of ownership, election of directors and officers by vote of shareholders and taxation of the corporation separate to that of the owners.
The primary advantage of for profit corporations is that it provides its shareholders with a right to participate in the profits without any personal liability because the company absorbs the entire liability of the organization.
Unlike an individual, a corporation has an independent perpetual existence and therefore can outlive its original shareholders.
Corporations are managed and supervised by its board of directors. The Board of Directors is essentially the management body for the corporation. Responsibilities of the Board of Directors include establishing all business policies and approving major contracts and undertakings. In addition, the Board may also elect the officers of the corporation such as the "President", "Vice-President", "Treasurer" and "Secretary". Ordinary business practices of the corporation are carried out by the Officers and employees under the directives and supervision of these Directors.
Generally, the authority and responsibilities of each officer is described in the corporate bylaws and may be further defined by an employment contract or job description. A corporation may have additional officers but the required officers are:
The President has the overall executive responsibility for the management of the corporation and is directly responsible for carrying out the orders of the board of directors;
The Treasurer is the chief financial officer of the corporation and is responsible for controlling and recording its finances and maintaining corporate bank accounts. Actual fiscal policy of the corporation may rest with the Board of Directors and be largely controlled by the president on a day-to-day basis; and
The Secretary is typically responsible for maintaining the corporate records.
Despite the different titles, one person may serve in all three capacities. However, the person's responsibility and authority changes through the different titles the person accepts. For example, the President is typically responsible for entering into contracts on behalf of the corporation, the Treasurer is responsible for maintaining and accounting for corporate funds, and the Secretary is responsible for observing corporate formalities and maintaining corporate records.
The process involved in forming a corporation is referred to as "incorporation." Incorporating involves completing and filing a "Certificate of Incorporation" or "Articles of Incorporation" with the Secretary of State, paying a share fee and a filing fee.
Once the proper documentation is approved and filed the corporation comes into existence. Once your corporation is formed, you must comply with corporate formalities. These formalities include holding annual meetings of directors and shareholders, adopting bylaws, and issuing shares of stock. Your attorney can assist in specifying the terms of the parties relationship while complying with corporate formalities.
Corporate formalities must be followed to maintain the protection of limited liability. Limited liability safeguards the personal assets of the owners, as shareholders of the corporation, against potential claims of creditors Failure to maintain the corporation's legal status properly creates the danger that you and not your corporation be held solely responsible against potential claims of creditors and other obligations.
INCORPORATIONS
The process involved in forming a corporation is referred to as "incorporation." Incorporating involves completing and filing a "Certificate of Incorporation" or "Articles of Incorporation" with the Secretary of State, paying a share fee and a filing fee.
Once the proper documentation is approved and filed the corporation comes into existence. Once your corporation is formed, you must comply with corporate formalities. These formalities include holding annual meetings of directors and shareholders, adopting bylaws, and issuing shares of stock. Your attorney can assist in specifying the terms of the parties relationship while complying with corporate formalities.
Corporate formalities must be followed to maintain the protection of limited liability. Limited liability safeguards the personal assets of the owners, as shareholders of the corporation, against potential claims of creditors Failure to maintain the corporation's legal status properly creates the danger that you and not your corporation be held solely responsible against potential claims of creditors and other obligations.
S & C CORPORATIONS
Corporations are legal entities that exist independently from their owners. They assume a separate legal and tax life distinct from their shareholders. Corporations generally fall into the "C-Corporation and the "S-Corporation" category. The "C-Corporation" designation refers to a standard, general-for-profit, state-formed corporation. To be formed, an Incorporator must file Articles of Incorporation and pay the requisite state fees and prepaid taxes with the appropriate state agency (usually, the Secretary of State -- Corporations Division).
Generally, a corporation's management and control is vested in the board of directors who are elected by the shareholders of the corporation, even though the corporation is owned by the shareholders. Shareholders, however, may influence corporate decisions by indirect actions such as electing and removing directors, approving or disapproving amendments to the articles of incorporation and voting on important corporate decisions. Members of the Board of Directors usually make only major business decisions, however they supervise and appoint officers who make the day-to-day business decisions of the corporation. Corporate officers are usually consist of the President, Vice-President, Secretary and Treasurer.
A shareholder is permitted to serve on the Board of Directors and simultaneously be an officer of the corporation.
Corporations are generally formed because of the advantages they provide to the shareholders. The most important advantage of incorporation is that it gives its shareholders limited liability. Since the corporation is a separate legal entity, its shareholders are protected from the debts and liabilities of the corporation. Another advantage is that a corporation may have a perpetual lifetime. The assets and structure of the corporation exist beyond the lifetime of any of its shareholders, officers or directors. This allows for stability of capital, which thus becomes available for investment in projects of a larger size and over a longer term than if the corporate assets remained subject to dissolution and distribution.
Corporations, do however have disadvantages. For instance, double taxation may occur. Generally, the corporation is taxed for its own profits; then, any profits paid out in the form of dividends are taxed again to the recipient as dividend income and the individual shareholder's tax rate. While, reasonable business expenses such as salaries and other operating expenses are deductions against corporate income which can minimize double taxation, double taxation may be eliminated by making an S Corporation election. S Corporations only pay taxes one time at the tax rate of the shareholder and S Corporations can deduct the same expenses as a C corporation.
The S-Corporation initially starts out as a C-Corporation. As discussed above, it's a standard, general-for-profit, state-formed corporation. However, after the corporation has been formed, it may elect "S Corporation Status" by submitting the appropriate IRS form to the Internal Revenue Service. This election provides special tax status. Once the filing is complete, the special tax status permits the income of the S-corporation to be taxed like a partnership or sole proprietorship rather than as a separate entity. Thus, the income is "passed-through" to the shareholders for purposes of computing tax liability. Therefore, a shareholder's individual tax returns will report the income or loss generated by an S corporation. Double taxation is avoided.
It must be noted that a Corporation must qualify for "S-Corporation" status and must do so within the appropriate time frame. For more information or to form a corporation kindly contact Kokolakis & Associates, P.C.
CORPORATE FORMALITIES
One of the main advantages of incorporating is that the shareholders personal assets are protected from creditors of the corporation. In other words, the corporation provides a limited liability status.
However, to maintain limited liability status, corporate formalities must be observed. Failure to follow corporate formalities or to keep adequate records and minutes of meetings can result in the loss of the corporation's status as a separate entity and of your limited liability status.
Where corporate formalities are not observed, shareholders may be held personally liable for corporate debts. Among other things, Corporations must observe certain formalities such as:
hold annual shareholders' and directors' meetings;
keep minutes of shareholders' and directors' major decisions;
make sure that corporate officers and directors sign documents in the name of the corporation;
maintain separate bank accounts from their owners;
keep detailed financial records; and
file a separate corporate income tax return.
Therefore, if funds are commingled with employees and officers, stock is never issued, meetings are never held, or other corporate formalities required by your state of incorporation are not followed, a court or the IRS may "pierce the corporate veil" and hold the shareholders personally liable for corporate debts.
It is important that over the course of years your corporate minute book is professionally prepared and kept up to date. If it has been neglected, it may be too late to have this work timely done when you need it the most.
Although corporate formalities can be exercised without the assistance of an attorney, it may be wise to consider counsel who is familiar with the proper procedures, formats and time restraints required. Any failure to comply with all of the corporate formalities may prove fatal to the validity of the corporation.
Accordingly, you may wish to consult with an attorney when observing the corporate formalities. John Kokolakis and his support staff at Kokolakis & Associates, P.C. are readily available to meet with you to discuss your particular concerns, needs and desires. Please contact our office if you have failed to maintain your corporate minute book or you need assistance in preparing the minutes of the corporate meetings and records on an annual basis. Remember, you can save significant money by avoiding potential personal liability, litigation and attorney fees for the limited fees in maintaining proper corporate formalities.
WILLS AND TRUSTS
Estate Planning is an area of the law that generally includes wills, beneficiary deeds, trusts and powers of attorney. Drawing up a will is a very important aspect of estate planning
Simply put, a will is a document that directs how your property is to be distributed upon your death. It must be drawn up and signed with certain formalities such as the correct number of witnesses, a proper signing ceremony and so forth.
A will that does not comply with all of these requirements can be successfully contested and set aside. If that occurs, the decedent's property is distributed as set forth in the New York statutes which may be contrary to the wishes of the decedent.
A will also appoints an executor for your estate, may establish trusts for your children and name a trustee for those trusts, names guardians for your children, and so forth.
A will can be amended or revoked up to the time of death, or until a loss of mental capacity.
Failure to have a will may result in your property being distributed according to state law and a court may select an administrator for your estate and a guardian for your minor children. The Court-appointed administrators and guardians may not be the family member or friend that you would have chosen to handle your affairs. Moreover, dying without a will can be costly and may complicate the transfer of your property to your heirs. For example, the estate may have to pay bond premiums if there is no will stating that you don't require executors and guardians to post a bond. In addition, estate administration proceedings without a will may delay transfer of property to your heirs.
Although wills can be prepared and executed without the assistance of an attorney, it is not advisable since the statutory requirements for the execution of a will are strictly construed by the courts, and any failure to comply with all of the requirements may prove fatal to the validity of the will.
Accordingly, you may wish to consult with an attorney when considering a will. John Kokolakis and his support staff at Kokolakis & Associates, P.C. have experience in drafting and executing wills, and we are readily available to meet with you to discuss your particular concerns, needs and desires.
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