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Questions Answered by Jonathan R. Ratchik
1 Answer | Asked in Criminal Law, Personal Injury, Real Estate Law and Federal Crimes for New York on
Q: How can I file a suit on tom aini and the hornell police sheriff's dept state police and the city hall brian schu lawyer

I have evidence in drug activity corruption harassment sexual harassment I all listed above and a few other officials in the city

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jul 28, 2021

If you wish to report corruption involving local and state elected officials, you should report the matter to the Office of the Comptroller, https://www.osc.state.ny.us/investigations , which is charged with fighting corruption. You do not have legal standing to file suit on such matters. As for... Read more »

2 Answers | Asked in Personal Injury for New York on
Q: I have used the biotin shampoo for years and recently stopped because of massive hair loss. How do I apply for a lawsuit

I used the biotin shampoo and conditioner for years and had dramatic hair loss until I stopped using it recently. How can I apply for a lawsuit?

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jul 6, 2021

Sorry to hear what you went through. Unless your hair loss was permanent, a products liability lawsuit would probably not be warranted given the costs associated with such lawsuits. You should consider just writing to the manufacturer and asking for a full refund. Moreover, it appears biotin... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: I have a personal injury case since 2017 it is now in the stp part. The defendant is asking for trial authorizations!

They are requesting medical therapies that I have went to after my accident. What is the meaning of this trial authorizations.

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jul 1, 2021

Par for the course. Trial authorizations permit the defendant to subpoena your medical records into Court (as opposed to regular authorizations which allow them to have obtain your medical records during discovery). Just make sure that the trial authorizations correspond with the authorizations... Read more »

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1 Answer | Asked in Personal Injury for New York on
Q: Hello I have a personal injury case that’s in the stp part ! The judge denied summary judgement that the defendant filed

Then defendant filed appeal judge still denied appeal ! Now there’s something filed by court that says remitturr! There was no trial yet ! How can judge reduce award or verdict when there was no trial yet?????? We have not went to trial as of yet but the last entry by court was remitturr I... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jun 17, 2021

I think you posted this question a few days ago. Remittitur is the process by which the Court reduces a jury's verdict. If your case never went to trial (either in front of a judge or a jury) then there would arguably be no verdict for the Court to reduce. Assuming you are representing... Read more »

2 Answers | Asked in Family Law, Personal Injury and Education Law for New York on
Q: Seeking attorney for physical child abuse that happened to myself as a child by elementary school administrators.
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jun 15, 2021

Use the Find a Lawyer tab on the JUSTIA homepage. There are many excellent attorneys who can help you. You can also try, as my colleague suggested, your local bar association's legal referral service.

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2 Answers | Asked in Personal Injury for New York on
Q: I have a personal injury case in Bronx ny. The case was brought in 2017 finally I have a settlement conference

Is it likely that a settlement number will be discussed or is it likely that there will be more settlement conferences! Discovery is finish and all appeals to get the case thrown out has been denied! Should I expect a number from the Attourney? Or will there be more settlement conferences thank you

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jun 11, 2021

It depends. Have you ever made a settlement demand? That's usually the first step in any settlement negotiations. If this is the first time your case is on for a settlement conference then it's not likely that the defendant will have any authority to offer money as getting the... Read more »

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2 Answers | Asked in Criminal Law, Personal Injury and Child Custody for New York on
Q: I am over 18 and I have mental distress caused by my parents.
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jun 10, 2021

If you're asking whether you can sue your parents for emotional distress, the short answer is no. Short of physical abuse, a court is not going to second guess parents on how best to raise a child. Here's an article I found online which you might find useful,... Read more »

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2 Answers | Asked in Contracts and Personal Injury for New York on
Q: Hi if a judge issues a remitturr as a motion judgement does that mean that there was a offer discussed already on a case

My Attourney haven’t said that there was an offer yet. Just wondering if an offer likely is on the table already thank you, the opposing counsel lost summary judgement and the appeal for summary judgement was also denied does the case settle for an additional amount went summary judgement and the... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jun 8, 2021

Remittitur is the process by which a court reduces a jury's verdict on damages (as opposed to additur, the process by which a court increases a jury's verdict). If this happened on your case it means that the jury returned a verdict in your favor. If the Court granted the... Read more »

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2 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: Can I sue my oral surgeon for emotional distress and negligence even though I’m not physically injured?

Went to get all four wisdom teeth pulled. Surgeon randomly suggested using laughing gas over IV anesthesia. Then, promised myself and my mother that he would add IV if I began feeling pain. Nurse put a little thing that sat on my nose to give me laughing gas. Began to feel it a bit but all surgeon... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on May 27, 2021

Sorry to hear that the extraction of your wisdom teeth was an unpleasant experience. Unfortunately, the temporary pain and discomfort you experienced during the extraction will not justify bringing a dental malpractice lawsuit. Given the high cost of bringing dental malpractice lawsuits, they... Read more »

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3 Answers | Asked in Personal Injury for New York on
Q: Personal injury case has been in special trial part for a year and a half , it’s just adjourned for so long!

What is the STP part. Is that a settlement part it says special trial part , I thought this part was suppose to go to trial. Can someone explain. Thank you

Jonathan R. Ratchik
Jonathan R. Ratchik answered on May 25, 2021

Yes, the STP is the Special Trial Part. As my colleagues have correctly advised, due to the COVID pandemic, almost every case that was "ready for trial" in March of last year has been adjourned. The Court system is just beginning to have jury trials again and, as you can well imagine,... Read more »

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3 Answers | Asked in Personal Injury for New York on
Q: If I’m injured in a motorcycle trading school Are they responsible for my medical
Jonathan R. Ratchik
Jonathan R. Ratchik answered on May 13, 2021

It really depends on how your injuries occurred and whether the motorcycle school caused or contributed to them. In any personal injury lawsuit, there needs to be a breach of a duty of care, whether by a property owner, the driver of a motor vehicle, etc.; and a causal connection between the... Read more »

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3 Answers | Asked in Personal Injury for New York on
Q: Hello my fiancé working on a furniture store slipped off the platform where the furniture is on display

She fractured her ankle! Workers comp settled with her ! Her Attourney is now suing the owner of the building there was defected floor on the store that caused this fracture! It’s been since 2017 he doesn’t call you have to call him ! We reached him and he said there was an offer that was so... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on May 10, 2021

As my colleagues have correctly advised, that your fiancé's case has been going on since 2017 is not, by itself, a reason to change lawyers. Cases often take years before they get resolved (or proceed to trial). You should, however, call your attorney and insist on an in-person (or even... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: Can a witness be unavailable if htey go on vacation

Dana is a plaintiff in a personal injury case. Jeff is Dana's close friend. He was with her when she was injured by an allegedly defective hedge cutter and can provide evidence that supports Dana's claims. Jeff orally assures Dana on many occasions that he will testify on her behalf.... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on May 5, 2021

Is this a real legal question or a question that is on your law school examination?!? Regardless, whether the witness is "unavailable" within the meaning of the law depends on whether the witness is under the control of the party who would be expected to call the witness and/or subject... Read more »

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1 Answer | Asked in Personal Injury, Civil Litigation and Medical Malpractice for New York on
Q: Hi I need help with getting the subpoena for a non party to testify in a virtual deposition? Form name/ number?

New York Southern District Supreme Court in a medical malpractice case, civil action

Jonathan R. Ratchik
Jonathan R. Ratchik answered on May 3, 2021

Here's a form I found on the Southern District's website, https://www.nysd.uscourts.gov/forms/subpoena-appear-and-testify-hearing-or-trial-civil-action If you are representing yourself pro se, you will need the clerk to sign off on the subpoena.

3 Answers | Asked in Personal Injury for New York on
Q: Hello I have a 8 year old daughter we were riding on a scooter yesterday a parked car was exiting their parking spot and

Pulled out of the parking spot abruptly I tried to turn away but he struck us on the scooter knocking both of us off. My daughter is ok with scrapes on her knees and her leg is sore took her to the emergency right away, myself scrapes and bruises as well. Should I reach out to a lawyer, thank you... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on May 3, 2021

So sorry to hear what happened to you and your daughter. Most personal injury attorneys offer free consultations so there is no harm in speaking with one. You can find one using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that your time in which to file an application for no-fault... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: Hi I have a pending legal question ! I was in a slip and fall accident (2017) I’ve had 3 surgeries arthroscopic

2 on both shoulders and 1 on my hip my hip is stated to need future replacement! My case is in the stp part Bronx ny the defendant filed summary judgement and the judge denied it is that good for me ? And does the denial of summary judgement means I can sue for additional amount! Lastly is this... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on May 3, 2021

Denial of the defendant's motion for summary judgment is good for you - it basically means that there are issues of fact that need to be decided by a jury. It does not mean that you will win your case - just that the defendant is not entitled to judgment as a matter of law and that your case... Read more »

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2 Answers | Asked in Civil Rights and Health Care Law for New York on
Q: Looking for help

I have been bedridden with chronic illness for 6 years. I am required to lie down all day and am unable to get up to use the restroom. I rely on my parents for all my daily requirements. Symptoms of mine include extremely severe noise and light sensitivity which require me to wear earplugs and an... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Apr 12, 2021

If by legal recourse you mean suing your parents, probably not. You are living in their home and thus arguably have to tolerate the living conditions with which they provide you. And unless you are paying them rent and have a landlord/tenant relationship, they likely have not breached any... Read more »

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3 Answers | Asked in Personal Injury and Legal Malpractice for New York on
Q: Do my lawyer have the right to give me my documents on my case with index # etc?? Do They the right to hold my money

How do I find out how much my settlement was? How much a lawyer to suppose to charge? Do I pay for filing and paper work out my money? Why my lawyer Got more of the money then I did. 33.3% I thought was of fee. She had it in her savings for 1yrs b4 I received anything, also he lean me a few... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Apr 8, 2021

You certainly have the right to inspect the file your attorney maintains on your case. With regard to holding onto the settlement proceeds, as my colleague correctly advised, there might be liens (with either Medicaid / Medicare or a private insurance company) that need to be resolved before your... Read more »

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1 Answer | Asked in Criminal Law, Family Law and Personal Injury for New York on
Q: My wife filed a bunch of faults police reports on me with her friend some how I got charged with a felony esdropping

Every report is faults I can prove every other statement is a lie but the esdropping charge I can't prove i have to go to Grand jury every report is filed by my wife and her friend. I have a public defender because I have a divorce lawyer I can't afford both lawyers. Don't know what... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Mar 15, 2021

Sorry to hear what you're going through. If the reports that were filed against you were truly false, you might have a viable claim for defamation. Here's an article I found online which you might find helpful,... Read more »

1 Answer | Asked in Civil Litigation, Libel & Slander, Personal Injury and Employment Law for New York on
Q: My sister was assaulted on her job by the assistant director of the respiratory department. What should she do?

She is working as a temporary worker at a hospital for an assignment. She was shoved twice and verbally assaulted by the male employee. He was arrested on Friday, but has since been released with no charges per the police. My sister is experiencing trauma from being physically assaulted by this... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Mar 15, 2021

Sorry to hear what happened to your sister. If she hasn't already, she should report the incident to her supervisor and request that the other employee be transferred to a different department to reduce the risk that she might run into him again. With regard to bringing a lawsuit against the... Read more »

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