Our Areas of Practice

Immigration

Do You or Your Loved Ones Face an Immigration Problem?

If so, the Ottley Law Firm can help you. If you face deportation removal, wish to apply for a visa or green card, or need help with another immigration concern, we have the experience to help you solve your immigration problems. Contact us for additional information and assistance. The Ottley Law Firm provides clients with legal assistance to obtain immigrant and non-immigrant visas. Our law firm can address many of the common immigration problems faced by our clients, including:

B-1/B-2

Relative Petitions and Applications

Permanent Residence / Green Card

Naturalization

Asylum

Re-entry Permit

Removal Proceedings

Filing Appeals before the Board of Immigration Appeals

Filing Appeals before the Administrative Appeals Office

Federal Court Mandamus

Change of Non-Immigrant Status

Motion to Reconsider

Federal Court Proceedings

Immigration Court Detention Proceedings

Registry

Consular Processing

Personal Injury

We handle all types of personal injury cases, including:

  • Surgical Mesh Recalls
  • Auto Accidents
  • Truck Accidents
  • Motorcycle Accidents
  • Wrongful Death
  • Medical Malpractice
  • Pharmaceutical Drugs
  • Birth Injuries
  • Nursing Home Injuries and Neglect
  • Product Liability
  • Premises liability
  • Animal Bites

Lanlord/Tenant

We represent both landlords and tenants in certain housing court litigation.

For our landlord clients, we will prepare the prerequisite notices for the subsequent housing court litigation. We will work closely to coordinate the court dates and the anticipated outcomes. We will prepare you with a roadmap of the litigation process so that you will be fully involved with the prosecution of the housing court action.

For our tenant clients, we will review your case in a consultation and advice you according to the facts that you have provided us and nature of the housing court action that has been brought against you. However, if a tenant wishes to bring a case against a landlord, we will advise them according to the facts that they have provided us and whether we feel that there is a case that we would prosecute on their behalf.

Consumer Fraud Recourse

New York Gen. Business Law section 349 gives us the ability to protect consumers who have been defrauded for small amounts of money in situations where it would not make sense to pay an attorney to pursue only a small amount of damages. This law allows us to protect more consumers than we ordinarily would be able to because of financial restraints.

In situations where there are multiple large companies conspiring to perpetrate a fraud upon an unwitting consumer, our firm will utilize the potent legal protections of the Racketeer Influenced and Corrupt Organizations Act to exact satisfactory recourse for our defrauded clients.

Uncontested Divorce

Divorce is the termination of the legal duties and responsibilities of marriage. Dissolving the bonds of matrimony between a married couple under the rule of law can be devastating when you or your spouse cannot come to an agreement. On the other hand, an uncontested divorce allows couples to decide on their own issues such as child custody and the division of assets, and it is usually much cheaper than trying to resolve issues during litigation proceedings.

We will process your uncontested divorce usually within six months or less, provided that we have all of the information and all of the parties are cooperating in the prosecution of the uncontested divorce action. If there are any real property or children involved, we can execute a stipulation of settlement once the parties are able to reach an amicable and mutually agreeable compromise of their dispute. For those difficult cases where the spouse cannot be found, we will conduct extensive public record searches and other searches to exhaust all reasonable possibility of locating and notifying the defendant spouse of the pending divorce litigation. In the event that we are unsuccessful in locating the defendant spouse to serve the summons and verified complaint, we can proceed with your uncontested divorce by publication pursuant to a court order.

Vaccine Injury

Generally, a person cannot sue the person that gave them the vaccine nor a vaccine manufacturer for a vaccine injury. However, there is still a process for receiving compensation for a vaccine injury. The United States Congress enacted the National Childhood Vaccine Injury Act of 1986 and thereby established the National Vaccine Injury Compensation Program (VICP) on October 1, 1988. There is a trust fund that is funded by an excise tax of $0.75 on each dose of a vaccine. Only vaccines that are subject to the excise tax are part of the VICP and also listed on the Vaccine Injury Table. The fund is presently valued at approximately $1.46 billion.

Congress intended for the vaccine program to evaluate and compensate vaccine injury claimants on a no-fault basis. Congress intended for the program to provide a swift, flexible and less adversarial alternative to the prolonged and expensive litigation in federal or state courts. The National Childhood Vaccine Injury Act of 1986, also created the Office of the Special Masters to manage and make decisions in regards to vaccine injury claims. The Special Masters are judges appointed for 4 years by the United States Court of Federal Claims.  The Office of the Special Masters is part of the United States Court of Federal Claims. The Special Masters only handle vaccine injury claims. The program has paid out compensation of approximately $4.7 billion dollars to vaccine injury claimants since 1988.

Claimants who have been injured by a vaccine must file a claim for compensation within three years of the injury. A claimant will also have to get the proper evaluations to gather the required evidence to prove that a vaccine caused their injury. Claimants would need to be properly directed to the necessary medical or surgical specialists to obtain the appropriate evaluations and management of their vaccine injury. When a claimant decides to file a petition to obtain compensation for their vaccine injury, he or she must show four things:

  • that he or she receives a vaccine listed in the Vaccine Injury Table;
  • he or she sustained an illness, disability, injury or condition listed in the Vaccine Injury Table for the particular vaccine;
  • suffered residual effects or complications that lasted for more than six months or required inpatient hospitalization and surgery, or died;
  • has not collected any other award or settlement for the injury or death.

A vaccine injury listed on the Vaccine Injury Table requires that the first symptom or manifestation occurred within the required time or that the vaccine caused the injury. Therefore, if your symptoms or manifestations are exactly as described in the Vaccine Injury Table, then your injury was caused by the vaccine. If on the other hand, your symptoms and manifestations are not exactly as described in the Vaccine Injury Table, then you and your attorney must prove that your injuries were caused by the vaccine. This would tend to make your case more difficult and complex. Check the link to the Vaccine Injury Table to see the types of vaccine injuries that are known to be caused by a particular vaccine.

After a claimant has been able to establish that he or she was in fact injured by a vaccine, the next phase of the process would be to provide the necessary evidence to establish the full extent of the claimant’s damages. The claimant may require additional specialists for the purpose of making accurate determinations about the present and future assistance that the claimant may need. Under the Vaccine Injury Compensation Program, a claimants can receive compensation for:

  • actual and reasonable projectable unreimbursable expenses directly related to the vaccine related injury;
  • actual and anticipated loss of earnings;
  • Actual and projected pain-and-suffering and emotional distress, capped at $250,000;
  • Vaccine related death, in the amount of $250,000;
  • Reasonable attorney’s fees and other costs associated with proceeding on the petition.

There is yet another program termed the Countermeasure Injury Compensation Program. However, this program is very limited in its coverage and the relief that it provides. This program is the last resort for claimants who suffer injuries resulting from a covered countermeasure. A countermeasure may include a vaccine, a medication, a device or some other item recommended by the government to diagnose, prevent or treat a declared pandemic, epidemic or security treat. There is a one year statute of limitations to file a claim starting from the date that you were injured by the particular countermeasure.

The Ottley Law Firm will help a vaccine injury client to navigate the complex process of prosecuting a vaccine injury case in the Vaccine Injury Compensation Program. Attorney, Roland G. Ottley will also bring to bear his years of clinical experience and scientific knowledge to present the most persuasive arguments to support your vaccine injury claim. Mr. Ottley will be able to explain your case in sufficient detail to clients and others. He can provide them with the legal, scientific and clinical aspects of your vaccine injury claim. He is also experienced and knowledgeable about the clinical consequences of any particular vaccine injury.

The Ottley Law Firm will provide you with the knowledge and understanding of your vaccine injury and the process for compensation. We will explain the vaccine injury claim to you in a way that you can understand your claim and your understanding will be to your satisfaction. We will also provide you with the professional compassion and empathy when dealing with your vaccine injury claim. Our firm will give you the comfort and support that you require while diligently and zealously pursuing your rights in the Vaccine Court of the United State Court of Federal Claims.