Lawyers Blog Legal Million Dollar Advocate David J. Hernandez Represents Average Clients

Million Dollar Advocate David J. Hernandez Represents Average Clients

January 25, 2018January 25, 2018 | David J. HernandezDavid J. Hernandez | 0 Comment | 2:32 pm
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David J. Hernandez at djhernandez.com wins million dollar settlements for accident victims through wrongful death litigation, civil litigation for improper maintenance of traffic control devices, and civil landlord tenant litigation, specifically one landlord’s pit bull attacked a commercial tenant’s client. David Hernandez won $10 million, $2.4 million, and $330,000 respectively for these three clients. He will attempt difficult cases throughout New York City, Manhattan, Queens, the Bronx, and Staten Island.

David J. Hernandez and Associates, a minority-owned law firm formed in 1987, practices personal jury, civil litigation, and real estate law for the average client. Hernandez believes in the “noble” cause of standing up to landlords, big municipalities, massive insurance companies, and solvent corporations, which put clients in the streets, don’t care if they are catastrophically injured, or destroy clients’ reputations and livelihood. A graduate of New York University School of Law and Fordham University, David Hernandez represents clients in all of New Jersey and New York, and is recognized by United States Supreme Court.

New York Super Lawyer, in the top 5% of all New York lawyers based on performance, Hernandez was the 50th president of the Puerto Rican Bar Association who contributed to the New York Hispanic Bar Task Force and the New York State Conference of Bar Leaders. Currently, he’s on the Civil Practice Advisory Committee to the Chief Administrative Judge and the Grievance Committee of the Brooklyn Bar Association. He’s a representative to the New York State Bar Association House of Delegates.

Hernandez serves on the Million Dollar Advocates Forum, a network of lawyers established in 1993 to inform, advise, and refer clients and attorneys to attorneys recognized for superior accomplishment in their area of endeavor. The Million Dollar Advocates Forum is “the source” for the most-respected best qualified lawyers by state in each area of legal practice.

David J. Hernandez and Associates helps families at the saddest times in their lives, with issues of divorce, child custody, child support, and visitation. He helps clients who must suddenly care for a family member who can no longer care for him or herself or need legal assistance when a family member dies unexpectedly. The Hernandez Law Firm Hernandez practices real estate law, estate planning and probate law. Consultations are free, and the firm advocates for most clients on contingency fees.

His clients highly recommend him. They say, “David J. Hernandez is understanding, well versed in “all” areas of law, and never left their side. His manner is smooth and professional, a truly great lawyer.”

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How to Find Help With BankruptcyHow to Find Help With Bankruptcy

December 21, 2017December 21, 2017| David J. HernandezDavid J. Hernandez| 0 Comment| 2:56 pm

Over the last decade more and more Americans are considering bankruptcy to help them recover from financial losses. Most do not have the background or knowledge to decide if it is the right move for them. Fortunately, Kirkpatrick & Associates has the answers you are seeking. Over the last few years U.S. bankruptcy laws have changed, they are much tougher to navigate than previous years. We believe everyone deserves a chance to start over by wiping away most of their debts and protecting as many assets as possible. A skilled Attorney will help you decide which form of bankruptcy is correct for you, chapter 7 or chapter 13. Some people become overwhelmed by the debt, embarrassment and creditors bothering them. A skilled attorney will put an end to the harassment and relieve the burdens.

The first step will be to schedule a no obligation appointment with a bankruptcy attorney. During this meeting, he can evaluate your situation and explain the options available to you. Depending on your debt and income he will recommend which chapter is correct for you, 7 or 13. He will explain what assets can be protected and which ones must be included in the bankruptcy. Which debts will go away and which ones must be paid regardless of bankruptcy. He will explain all the cost associated with filing and the attorney fees. An experienced attorney will help you plan for the bankruptcy process. It is important to protect assets and also help you prepare for recovery afterwards. With a proper plan, you can be back on your feet financially faster.

A skilled attorney not only knows the law but also has relationships with the Bankruptcy Judges. This is an important question to ask your attorney. When you have a bankruptcy hearing, the Judge will decide whether to allow you to keep or pay for certain assets based on values claimed in the petition. Your attorney will explain what values are acceptable in the courts eyes. The attorney representing you can help “paint a picture” for the Judge that will put you in the best light. Relationships are important in all walks of life and especially when your financial future is being determined.

Finding help for bankruptcy can be confusing, the first step is gathering information to make the best decision for you and your family. Kirkpatrick & Associates will provide a free consultation and stop the bill collectors immediately!

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Chapter 7 or Chapter 13?Chapter 7 or Chapter 13?

June 17, 2017June 17, 2017| David J. HernandezDavid J. Hernandez| 0 Comment| 2:51 pm

Realizing that you are in a position that might require filing for bankruptcy is a hard pill to swallow for anybody. It takes a lot of humility to understand that you have screwed up. Filing for bankruptcy usually has a negative connotation associated with it. It is a very long thought-out and difficult decision people make. However, it is important to know what happens when you file for bankruptcy. First when considering whether or not you should file for bankruptcy you will be required to attend approximately six months of credit counseling and at the end you will take a test to see whether Chapter 7 or Chapter 13 is more suited to your needs.

Chapter 7 and Chapter 13 are the two most common types of bankruptcy individuals end up filing with the Court. With Chapter 13 you will set up a specific payment plan including payment and time period to pay back the loan to pay back your creditors on payments that are overdue. The time period used is typically about five years. The Court needs to approve your payment plan and this happens once they have sufficient evidence that you have the financial means to pay the debts back as you have outlined. Often this is the more desirable option as you get to keep your property and work over time to pay things off. On the other hand, with Chapter 7 you have to fill out a bunch of paperwork detailing all of the property you own and assign a value to each item. It tends to be known as liquidation bankruptcy. You then typically have a hearing where your creditors get to determine whether each item should be part of the bankruptcy. A trustee will then take these items and work on converting them into cash to pay back your creditors. Hence the liquidation aspect. It is important to understand that once a bankruptcy claim is filed, an automatic stay is put in place which prevents creditors from furthering harassing you for payment during the proceedings.

A lot of people enjoy this aspect because it can get overwhelming having creditors down your back every day. A month or so after you file your claim, your trustee with meet with creditors to discus your bankruptcy. The trustee acts as the intermediary between you and the creditors so that you don’t keep receiving harassment from creditors. The trustee will go over the paperwork with you and make sure there aren’t any discrepancies with values you have assigned different items of property you listed. Based on your goals, assets, debts, income and expenses filing for bankruptcy can help wipe out most types of debt including credit cards and medical bills, reduce monthly payments, stop creditor harassment, stop repossession of your vehicle, stop the foreclosure of your residence, stop wage garnishments, and even stop the stress caused by debt collectors. Either option you choose, Chapter 7 or Chapter 13, it is important to have an attorney look over things. Kirkpatrick & Associates is a great firm to call. They will assist you in getting back on the right track. Bankruptcy may not be the best option for everyone so it is important to have an attorney go over things with you and help you come to the best option for your situation.

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What Does Your Social Security Disability Attorney Need to KnowWhat Does Your Social Security Disability Attorney Need to Know

August 25, 2018August 25, 2018| David J. HernandezDavid J. Hernandez| 0 Comment| 2:37 pm

Sometimes people need the assistance of a social security disability attorney to help them with the claim that they need to file. Because this is a federal government program that has been designed to support citizens who can no longer work due to a disability, people can take advantage of these finances when they need it most. However, before an individual can secure the funds from this kind of program, there is a process that they will need to adhere to, and it is managed by the social security administration.

Even though the benefits are available to citizens when needed, there is process of approval that people will need to follow very closely prior to being granted the finances for their specific situation. Also, due to the complexity of this program, its not uncommon for an individual to seek out the assistance of a SS disability attorney in the initial stages of the process. Therefore, before an individual meets with this kind of attorney, there is some information that they will need to gather so that it can presented for their review.

What items should the individual disclose to their SSD attorney

Previous Work History Information

In order for an individual to obtain help from the social security disability program, they will need to meet specific requirements. One common requirement that people must meet is a certain amount of work credits in order to qualify. Therefore, the person who files the claim must have this kind of information available to present and review with the attorney in the first initial meetings. It is also important to note that the injury that the person has sustained or the illness that they have been diagnosed with must be serious enough to remain off the job for an extended period of time. The list of illnesses and injuries are currently maintained by the social security admininstration so people can review the social security administration site to see how the injury or illness applies.

Medical documentation

If the condition that the person has is on the list, they will need to make sure that they have the appropriate amount of documentation from their physician. The medical documentation should contain the date that the person is expected to be out of work. Specifically, if the illness, disease or injury is expected to last one year or more. In some cases, the social security administration is normally looking for a condition that is serious enough to pay the person while they are off work recovering or until the person’s demise. Regardless to the circumstances, this information should be supplied to the SSD attorney if they want the attorney to win their case in court or settle it on the outside.

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