All the local agencies and state agencies knew of impending weather, but there were no salt trucks out. On this one section of highway there 8 vehicles that had slid of or had some kind of accident. How do I put a claim in against NYS for the highway not being properly maintained.
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answered on Feb 10, 2020
That's a State road, so you would have to file a "notice of intention to file a claim" or else a "claim" against the State of New York within 90 days of the accident. If you are late filing, it is a problem, but the problem can probably be overcome if too much time does... View More 
He is on a 1 year ACD with the judiciary courts now. And has been found guilty of negligence of 5 other cases by doing exactly as he did to me
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answered on Oct 2, 2019
If he "dropped the ball" it COULD mean he malpracticed the case. To commit legal malpractice in New York you need to show that (1) the lawyer did or failed to do something which constitutes a "mistake", which is defined as an action or failure to act that falls below the... View More
i have no photo evidence and no police or medical report. the photographer claims nothing happened.
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answered on Aug 28, 2019
Yes, you can be sued. Defamation.
- Mr.A got into an auto car accident and a pedestrian got killed unfortunately
- lawsuit of wrongful death lawsuit is brought against Mr.A.
- if the case is settled for X amount and still the balance is remained after insurance payment, can they come after Mr.A's business for... View More
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answered on Aug 20, 2019
Yes, they can come after him, but whether they can come after his “business” too depends on how it is set up.
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answered on Aug 19, 2019
Email me at bersani@michaels-smolak.com. Tell me about your case. I’ll see if I can help you.
The gate was closing and the button didn’t work and kept closing me in on it. Manual states that if I hit button it will stop. It further states that if it detects something it will stop. It did not stop and my head was smushed between gate and taillight - I have a small cut on my head from it
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answered on Aug 5, 2019
Product liability cases are extremely expensive. Your lawyer (if you find one willing to take your case) will have to hire an expensive engineer to study the cause of the failure. Your injury is not worth the cost. Generally, products liability cases have to be significant, serious injuries, to be... View More
I believe he was speeding there’s was no way for me too see or spot the car
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answered on Aug 1, 2019
It depends. You may both be at fault. It depends on exactly where the collision happened in the intersection, and who started turning first.
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answered on Jun 11, 2019
It depends. If the plow was actually engaged in work on the highway, then you would have to prove they were “reckless” in order to hold them liable. But if it was not engaged in highway work, you will have to show only that they were “negligent” in causing the accident. You should try to... View More
my toxic tort lawyer NYS has done basically nothing - didnt even have the professional mold assesment done in my home that she promised 10 times to do albeit i am still living with high levels of toxic mold and my health is deteriorating. I happened upon the same medical examiner that she uses on... View More
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answered on Jun 9, 2019
Sure, but you are to ask your lawyer first. There should be no reason for you to contact him directly. You should work through your lawyer.
Is the first time in this kind of situation what do I do do I should as the driver who hit my son or the other Driver that hit him the second time
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answered on Feb 21, 2019
So sorry about this awful accident. You need to reach out to a qualified NY State car accident lawyer asap. Your lawyer will investigate (1) liability (who's fault); (2) insurance coverage (there may be some hidden insurance in your own insurance policy besides the insurance provided by the... View More
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answered on Jan 17, 2019
It depends on how close the walls were to the activity, and what the activity was, and whether there had been prior accidents where such protection would have prevented or diminished injuries.
There were no witnesses to the event and the injury required many stitches but not severe. Dog owners are cooperating and are willing to help financially but with in reason. Dog has never bitten or shown signs of aggression. Many strangers visit property daily. Victim has a history of seeking... View More
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answered on Jan 4, 2019
If this happened in Oregon, it is important that you ask your question ONLY to an Oregon personal injury lawyer. You should not accept any answer from a lawyer who is not a licensed Oregon lawyer. Reason: dog bite laws are very different in each State. I know the answer to your question for New... View More
I was working in McDonalds. For about 4 months starting in July, ending in October. It was my first job, as a 15 year old. I wasn't supposed to be at the fryer, but one of my co-workers asked me to get fries for an order. I followed the instructions and carefuly packed the fried into a bag.... View More
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answered on Dec 27, 2018
Sounds like all you have is a workers comp claim. Can’t sue your employer or coworker because barred by workers comp law.
I Was Bitten at the end of September the owner of the dog knew the dog was vicious it's not the first time this dog has been somebody I'm like the fifth person is bitten can I sue the landlord for pain and suffering since the tenant has no insurance and it happened on the landlords property
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answered on Dec 21, 2018
In NY, the answer is yes. If the LL knew of the viciousness of the dog and failed to protect the tenants, depending on the precise facts, it is possible to hold the LL liable.
cart that wasn't properly lined up, hit me, and sprained my ankle.
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answered on Dec 18, 2018
Yes target can be held liable for dangerous conditions that it creates or allows it to exist in its parking lots. The problem with your case, however, is that it could just have easily been a customer who left the cart in the dangerous position. You would have to show that the cart had been left... View More
need to hire one?
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answered on Dec 18, 2018
If it’s a simple case of one vehicle running the red light, or a stop sign, or something where there’s no real dispute who was at fault, you generally won’t need an expert to show liability. If there is a dispute about liability, either side make hal an expert, generally an accident... View More
I was stopped @ traffic accident.. when i got hit by another vehicle that almost took my door off.. i had my hazards on.. about to exit
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answered on Dec 17, 2018
In New York, if you exit a parked car, you are required to look behind before you open the door to ensure that no car is going to hit your door as it opens. However, the on-coming vehicle also has a duty to use care in passing parked cars, and not to ride closer to them than necessary. This... View More
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answered on Oct 18, 2018
If you have collision insurance, call your own insurer immediately and report it. If you don't, call the police and report it. If you can tell the police the exact time and location of the collision, perhaps the ride-share company can track down which driver was in the area at that time.
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answered on Sep 1, 2018
Not necessarily. You can talk to another lawyer. Or you can contact your county bar association grievance committee in New York. But of course you can also call the New York State Bar association.
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answered on Aug 24, 2018
If you "exaggerate", deliberately, that's lying. If you do it under oath at a deposition or at trial, it is perjury and is a crime. You could have problems with perjury or insurance fraud charges. But this is unlikely. The more direct result will be that you will get caught in a... View More
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