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Questions Answered by Mark A. Siesel
1 Answer | Asked in Workers' Compensation for New York on
Q: Will I have to testify at a Worker's Compensation hearing?
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answered on Jul 20, 2011

That is very likely. The judge needs to hear testimony to determine what percentage of disability to award you, as well as to determine what amount of wages you are entitled to while you are out of work.

1 Answer | Asked in Workers' Compensation for New York on
Q: What will Worker's Compensation pay if I am hurt while working?
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answered on Jul 20, 2011

Worker's Compensation will pay for your hospital and medical expenses, as well as a percentage of your lost earnings.

1 Answer | Asked in Workers' Compensation for New York on
Q: Do I have to pay back Worker's Compensation for my medicals and wages out of my personal injury case?
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answered on Jul 20, 2011

Yes. You have a Worker's Compensation lien if Worker's Comp has paid medical bills and lost wages. Under Section 29 of the Worker's Compensation law, you must pay back 2/3 of that lien to the Worker's Compensation carrier, unless the carrier agrees to waive some or all of the... View More

1 Answer | Asked in Personal Injury for New York on
Q: What is the statute of limitations on a personal injury case for an infant?
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answered on Jul 20, 2011

The statute of limitations for an infant is tolled until the infant becomes an adult. Thereafter, there is the same three year statute of limitations as in a personal injury case for an adult.

1 Answer | Asked in Personal Injury for New York on
Q: Will I be able to collect an award of punitive damages if the jury awards these damages to me?
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answered on Jul 20, 2011

That is uncertain, since insurance does not cover punitive damages. Thus, the only way to recover an award of punitive damages is if the defendant has sufficient assets to collect a judgment against him.

1 Answer | Asked in Bankruptcy for New York on
Q: Will I be able to collect an award of punitive damages if the jury awards these damages to me?
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answered on Jul 20, 2011

That is hard to answer. Insurance does not cover punitive damages, so the only way to recover an award of punitive damages is if the defendant has sufficient assets to be collect a judgment of punitive damages against him.

1 Answer | Asked in Personal Injury for New York on
Q: What are punitive damages?
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answered on Jul 20, 2011

Punitive damages are damages awarded by a jury which are designed to punish a defendant for malicious, intentional and egregious wrongdoing.

1 Answer | Asked in Personal Injury for New York on
Q: I have a personal injury case. What are the chances that my case will go to trial?
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answered on Jul 20, 2011

In my experience, approximately 90% of cases settle before trial. The cases that do not settle usually involve very disputed liability (fault), damages or injuries which the insurance company believes are questionable, or cases that are in counties where the defendant has an advantage in... View More

1 Answer | Asked in Car Accidents for New York on
Q: What will the insurance company do once I file an underinsurance claim?
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answered on Jul 20, 2011

If they believe there is a valid claim to litigate, they will then request that your appear for what is known as an "EUO" or examination under oath", and a physical examination by one of their doctors. The EUO is similar to a deposition, where you get asked a series of questions... View More

1 Answer | Asked in Car Accidents for New York on
Q: How do I file an underinsurance claim with my insurance company?
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answered on Jul 20, 2011

You have to file a Notice of Claim form in triplicate (3 copies) by certified mail, return receipt requested. The form must be signed and notarized. You would get the claim form from your insurance company. Of course, it is always safer to file this claim through an attorney.

1 Answer | Asked in Car Accidents for New York on
Q: How long do I have to submit an underinsurance claim?
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answered on Jul 20, 2011

The law is not very clear on this point, and the cases are not always consistent. The basic rule of thumb is that you are supposed to file a underinsurance (SUM) claim with your carrier within a "reasonably practicable time." My advice is that you should always err on the side of filing... View More

1 Answer | Asked in Car Accidents for New York on
Q: If the insurance for the car that hit me and my underinsurance coverage are the same, can I make a claim?
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answered on Jul 20, 2011

No. In order to make a claim against your underinsurance coverage, your underinsurance coverage must be greater in value than the bodily injury limits of the car that struck you. If they are even or if the other car has more coverage, you are not eligible to make a underinsurance (SUM) claim.

1 Answer | Asked in Personal Injury for New York on
Q: What evidence will I need to prove my case-I was injured when an elevator door hit me and I broke my hand.
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answered on Jul 20, 2011

Your attorney will be requesting many items of evidence, but to start, you need photographs of the elevator, the number of the elevator if there are more than one, the identity of the building management, ownership, and the elevator maintenance company, if there is one. It woudl also be helpful to... View More

1 Answer | Asked in Car Accidents for New York on
Q: I have learned that in a car accident case, only certain type of injuries meet the standard of injury to have a case.
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answered on Jul 20, 2011

That is true. Pursuant to the Insurance Law, a "threshold injury" includes a fracture, a disfigurement, a dismemberment, death, loss of a fetus, a medically determined permanent injury, and a catch all section involving being unable to perform your usual and customary activities... View More

1 Answer | Asked in Insurance Bad Faith for New York on
Q: I believe my auto insurance carrier has not treated me properly. Who regulates them?
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answered on Jul 20, 2011

You should try contacting the New York State Insurance Department in New York City--that would be a good place to start.

1 Answer | Asked in Traffic Tickets for New York on
Q: How many points will I get for texting while driving?
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answered on Jul 20, 2011

Texting while driving is a 2 point traffic infraction.

1 Answer | Asked in Car Accidents for New York on
Q: When does a no-fault claim have to be presented to my insurance company?
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answered on Jul 20, 2011

Within 30 days of your accident pursuant to Article 65 of the Insurance Law.

1 Answer | Asked in Appeals / Appellate Law for New York on
Q: When must I start an appeal?
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answered on Jul 20, 2011

That is a very general question, but you must file a "Notice of Appeal" within 30 days of the decision or order being filed, and then the appeal must be "perfected." thereafter. You must contact an appellate attorney and not attempt to submit the appeal yourself due to very... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: How often can you take the driver safety class?
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answered on Jul 20, 2011

You can take the class once every 3 years.

1 Answer | Asked in Traffic Tickets for New York on
Q: I have heard it is a good idea to take a driver safety class to reduce points on my license.
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answered on Jul 20, 2011

Yes, if you take this class 4 points will be taken off your license and your insurance premium will be reduced by 10%.

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