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Questions Answered by Jonathan R. Ratchik
2 Answers | Asked in Personal Injury for New York on
Q: I hired someone to paint my house, but he fell of the ladder. what is my responsibility ?
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 28, 2022

It really depends on why the worker fell off of the ladder. If there was nothing wrong with the ladder, your legal liability would be very limited as New York Labor Law § 240 does not apply to the owners of one- and two-family dwellings (unless you directed or controlled the work). If there was... Read more »

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1 Answer | Asked in Education Law and Health Care Law for New York on
Q: I do not want the vaccine but it's mandatory for in-person classes. Is my right to education & health protected?

Hey, I am from NYC, CUNY colleges are mandating vaccines to return to in-person classes. Online learning hinders my ability to perform well and isolation from a student environment is affecting my social skills and mentally challenging me. I am emotionally out of touch with the rest of the world... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 23, 2022

You're fighting a losing battle. The Supreme Court of the United States has, on multiple occasions, rejected challenges to NYC's vaccine mandate for municipal employees. A challenge to a mandate requiring CUNY students to be vaccinated for in-person learning would likely meet the same... Read more »

2 Answers | Asked in Personal Injury for New York on
Q: Can I get out of my contract with a lawyer even though my case is still pending
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 18, 2022

You have a right to change lawyers at any time, for any reason. If you are not satisfied with your current legal representation, find a new lawyer. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that your new lawyer will have to reimburse... Read more »

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3 Answers | Asked in Car Accidents for New York on
Q: During my driving class, a commercial truck hit me on the turn and I got injured.

Today during my first driving class, a commercial truck drove from my left trying to go around me and turned on the right hitting the car I was in. I have sprained shoulder and strained lumbosacral strain. It clearly was the fault of the driver on the truck.

What should I do? Besides the... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 17, 2022

Sorry to hear what happened to you. As my colleagues correctly advised, speak with an experienced personal injury attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that in order to recover damages for "pain and suffering",... Read more »

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2 Answers | Asked in Car Accidents for New York on
Q: I have a case of a car accident filed around January 29, 2020. I have no heard from my lawyer. What should I do?

spend time at the lawyers office on a deposition but that is all

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 17, 2022

Call your lawyer over the phone and make an appointment to see him or her in person. Also, you can always check New York State's electronic filing system to see if your lawyer ever started a lawsuit on your behalf, https://iapps.courts.state.ny.us/nyscef/CaseSearch Keep in mind that the... Read more »

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2 Answers | Asked in Car Accidents and Traffic Tickets for New York on
Q: My 70 yr old brother blacked out from coughing while driving his comm. truck. He was injured and taken to the E.R.

for evaluation. He received in the mail a ticket for improper lane change. Drove 3 hours to PA from NY only to be told court date was postponed because trooper had surgery two weeks prior. Should ticket have been dismissed or even issued in the first place? Brother is concerned for points on... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 3, 2022

It sounds like there's more to this story. If your brother had blacked out while coughing, he would likely have crashed his truck, not just changed lanes. That the trooper did not show up for the court appearance would not warrant dismissal of the ticket, especially if it was the first time... Read more »

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: What defense representation might be required regarding an automobile accident which resulted in personal injury?

My step-daughter was involved in an accident about a week ago. The police report implies it was her fault. No charges have been filed as far as i know. But, an individual was taken to the hospital.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 31, 2022

Assuming your daughter has automobile insurance, she should report the matter to her insurance company immediately. The insurance company will investigate the matter and, if your daughter is sued, assign counsel to defend her in the lawsuit and pay any judgment entered against her up to the limits... Read more »

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2 Answers | Asked in Civil Litigation, Personal Injury and Real Estate Law for New York on
Q: My question is with regards to liability. Bank owned property.

There is a large tree in the backyard of the property that has displaced my fence, and also caused damage to my backyard's foundation due to the roots growing through the ground. The property is also occupied by squatters and the bank may, or may not be attempting to evict. (I've reached... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 31, 2022

Whether the bank bears any legal responsibility for the damage to your property will depend, in large part, on its relationship to the property on which the tree is located. That the bank has a mortgage on the property, without more, will unlikely give rise to any duty to maintain the property.... Read more »

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1 Answer | Asked in Personal Injury for New York on
Q: Can I sue pepsi company truck hit my power line and we were in a hotel for 21 days
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 24, 2022

It really depends. If the power line is your own personal line (as opposed a utility company's line), you could certainly recover the cost to repair the line and damages which are a reasonably foreseeable consequence of the incident. On the other hand, as plaintiff, you are required to... Read more »

1 Answer | Asked in Animal / Dog Law, Libel & Slander and Personal Injury for New York on
Q: im 17 tunring 18 in two months, will i be able to sue my aunt for emotional abuse and spreading rumors when im 18?

She has made me feel like a burden to everyone, she lies and tells me that im over reacting. Recently my dog passed away, her lungs collapsed and she had bruising from something, the first person she said it was , was me. I know i never did anything to my dog but she said she "thinks"... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 17, 2022

You can certainly sue someone for defamation / slander if they are making false statements about you. In any defamation case, however, you have to prove that the false statements caused you damages. Moreover, unless your aunt has any assets worth pursuing, a successful lawsuit against her might... Read more »

2 Answers | Asked in Legal Malpractice, Criminal Law, Personal Injury and Civil Rights for New York on
Q: Why is it so difficult to get a lawyer/attorney to respond to us or to get legal advice? We are paying customers.

The situation involves illegal sedation of a disabled person in a group home with evidence, and neglect/abuse with evidence. The group home agency has failed to correct the situation or address the situation appropriately on so many levels it's mind-blowing. We also want to sue for... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 4, 2022

Although not always the case, the inability to find a lawyer is oftentimes a reflection on the merits, or perceived merits, of your case. That said, you can find many excellent personal injury attorneys using the Find a Lawyer tab on the JUSTIA homepage. Almost all of them charge no fee for an... Read more »

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2 Answers | Asked in Car Accidents for New York on
Q: What does may result in prejudice mean
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 16, 2022

It really depends on the context in which the term is used. In the context of litigation, it often arises when you are seeking to amend your pleading or theory of liability after the time in which to do so has expired. A court may deny your request if it will result in prejudice to the defendant,... Read more »

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1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Libel & Slander for New York on
Q: IIED

Can I sue someone for IIED if the person I was having a conversation with recorded the conversation (a conversation in which I was saying bad things) and this person sent the tape of the conversation to my boss, which then led to me being fired?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 9, 2022

The actions of person who recorded your statement, although perhaps unethical, does not rise to the level required to bring an action for intentional infliction of emotional distress. Conduct that could support such a lawsuit must be so extreme and outrageous as to go beyond all possible bounds of... Read more »

1 Answer | Asked in Personal Injury for New York on
Q: How do I find out if my now former attorney due to his suspension for misconduct settled my case without my knowledge?

I have a suit against the City of New York for 1,000,000 in Supreme court which was filed in 1991. I did meet with the Comptroller and said attorney a few years after the case was filed in supreme Court which was the only thing that was done to my knowledge. This attorney was suspended for... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2022

You can check the County Clerk's office to see if a Stipulation of Discontinuance was ever filed (which is part and parcel of any settlement). You could also try contacting the Office of the Corporation Counsel (which represents the City of New York in most lawsuits brought against it).... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Medical Malpractice and Sexual Harassment for New York on
Q: Can somebody tell me some ideas for how i can get retribution because this is scandalous and im literally going through

The following transaction was entered on 8/30/2022 at 4:28 PM EDT and filed on 8/30/2022

Case Name: DAVIS v. CHESTER CROZER HOSPITAL et al

Case Number: 2:21-cv-05035-CMR

Filer:

WARNING: CASE CLOSED on 06/03/2022

Document Number: 22

Docket Text:... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2022

Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), the Court may dismiss a case if it determines that your Complaint, accepting every allegation as true, "fails to state a claim on which relief may be granted." In layman's terms, it means the Court is dismissing your case because the facts... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for New York on
Q: Doctor did an eye check for strep,said I had strep,put me on amoxicillin,then i broke out in rash cuz its mono.can i sue

The doctor at the urgent care I work next to did an eye test for strep (just looked down my throat) without swabbing or doing any test. I was prescribed amoxicillin. I took the amoxicillin and 6 days later broke out with a bad rash because that's what happens when you take a penicillin with... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 2, 2022

Sorry to hear what happened to you. Without minimizing what you've gone through, a rash that is perhaps lasting longer than it should will not justify the time and expense of a medical malpractice lawsuit. Moreover, amoxicillan is an accepted course of treatment for strep throat. Although... Read more »

2 Answers | Asked in Medical Malpractice for New York on
Q: Would like to know if my mom has a case.

My dad would go to his doctor with complaints. Each time the doctor would say he had a sinus infection and give him antibiotics. After a couple years he saw an endocrinologist and his sinus infections wound up being stage 3 cancer. He was going to the CTCA in Zion Illinois. When Covid hit they... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 1, 2022

So sorry for your loss. Although your mother's strokes may very well have been caused by the passing of your father, her physical injury is not actionable as your father's medical providers did not owe her a legal duty of care. A wrongful death action on behalf of your father (and... Read more »

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1 Answer | Asked in Gov & Administrative Law for New York on
Q: Could I get both a motorcycle permit and driver's permit in the state of NY?

I already have a driver's permit in the state of New York, and I was wondering If I could get a motorcycle permit, or would I need to get a driver's license first?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 30, 2022

According to the DMV website, "A New York State resident must have a Class M or Class MJ driver license or learner permit to drive a motorcycle. To get a motorcycle license, you must first get a motorcycle learner permit."... Read more »

1 Answer | Asked in Medical Malpractice for New York on
Q: If a Dr does a distal pancreaotomy on you shouldn't there be a full pathology report

I had a voluntary spleenectomy and Dr nips my pancreas and called it a distal pancreaotomy.i still have my pancreatic tail and body

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 30, 2022

A pathology report should be generated in connection with any operation / surgery. Keep in mind that a pancreatectomy entails the removal of part or all of the pancreas and which could explain why you still have a pancreatic tail and body.

2 Answers | Asked in Personal Injury for New York on
Q: In an diversity of jurisdiction suit if case doesn't meet the 75.000 limit. What happens if case is dismissed & lost.

One party lives in n y c other party lives in another state. What happens to case.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 30, 2022

If the case was dismissed because the amount in controversy did not exceed $75,000, the case should be remanded back to state court for further proceedings. On the other hand, if the case was dismissed on different grounds, i.e. on the merits, then the case will, in fact, be over.

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