My lawyer informed me that the reason my lawsuit has been dragged out for so long is due to an awol defendant. It was a car accident that was his fault and caused me to have cervical fusion surgery . It has been 6 yrs and the defendant has not complied with anything and has completely vanished.
answered on Jun 13, 2022
That isn't a great answer. These days there are investigators that can find most people. If he can't be served, he can ask the Court for an order permitting service by publication or some other means. If he was served and he disappeared, you can just move for summary judgment based upon... Read more »
My mother in law tripped over it and fell on her face, she got pretty bruised up. She said she almost tripped on it on a separate occasion as well. She ended up in the hospital with major bruising on her face. Is there anything she could do about it?
answered on Jan 18, 2021
If the drain is not flush with the surrounding sidewalk, and it is a trip hazard, you can probably sue. I would take pictures right away and measure the height differential. Also, the State of NY, may not be the proper party, many utility companies have manholes and the City of NY has alot also. So... Read more »
Hi everyone..I am planning to buy a land (its in the commercial zone) for my 2 kids..I want them to be owner of the property..The problem is they are just kids, 5 and 7 years old..and I divorced long time ago.. I have joint custody with my ex..my kids are not living with me..My ex has the physical... Read more »
answered on Nov 17, 2020
Probably, creating a family trust is the best option to suit your needs.
answered on Oct 5, 2020
It depends. If the person fell because of a dangerous condition, such as a broken step, the fact that they are an alcholic, does not prevent them from suing. But if they were drunk at the time, that certainly would indicate some comparative fault, which would reduce their recovery.
answered on Aug 1, 2020
No, New York is a one party consent state. So as long as one party knows it is fine.
answered on Jul 12, 2020
You are entitled to worker’s compensation benefits but you can also sue the co-worker, however you cannot sue the employer
The doctor knew about the allergy and gave me the medicine under a different name.
answered on May 26, 2020
In general, there is probable malpractice case if the doctor knew you had an allergy, and prescribed you medication that you were allgeric to. But as a matter of reality, due to the costs of litigation, the case is not worth bringing unless there was a significant reaction or some permanency. If... Read more »
answered on May 4, 2020
Possibly, If the failure to provide medical aid resulting in the loss of the baby, which would not have occurred or some complication because of the lack of treament. For medical malpractice you have to show not only that the hospital did not provide proper treatment, but that you suffered some... Read more »
answered on Oct 15, 2019
You can make a motion to vacate the Judgment on the basis of improper service of process.
answered on Aug 11, 2019
Yes. Any unauthorized physical contact is a battery
answered on Aug 8, 2019
If you are injured, most lawyers like myself who handle slip and fall cases, work on contingency, which means that you do not pay a fee unless you win or get a settlement and you do not pay up front.
Driver was issued a summons for failing to yield my daughter was taken to the hospital with a broken scapula. Other injuries as well can we sue?
answered on Mar 26, 2019
Yes, but the first step is you need to file a no fault application with the insurance company for the car that hit your duaghter within 30 days of the accident. They are responsible for paying for her hospital and medical bills. You can find out the insurance company from the code on the police... Read more »
answered on Sep 19, 2018
If they slip because of a dangerous condition, you could be held liable under the General Maritime Law. You should be aware that maritime law has recognized the lack of non-skid paint aboard a vessel to be a dangerous condition, since it is forseeable that the walking surfaces will get wet.
answered on Jun 5, 2018
It depends on how you were injured. If you were injured because there was a dangerous condition or because a parks department employee was negligent, you can sue, but have to sue in the Court of Claims. You also have to file a notice of intent to file a claim within 90 days of the incident.
injured due to the negligence of another contract worker. Is this true?
answered on May 30, 2018
No. They are liable to pay maintenance and cure regardless of fault. Also you can sue the employer under the Jones Act for negligence of a fellow employee.
answered on May 11, 2018
Yes. Not wearing a seatbelt may reduce your award but does not prohibit you from bringing a lawsuit.
medical expenses instead?
answered on May 2, 2018
Yes. The employer and ship are both liable for a crew injury.
answered on Apr 15, 2018
If you were working aboard the vessel, you are entitled to cure, which means that your employer must pay your medical bills. Also you are entitled to maintenance, which is your basic living expenses while you are recuperating. You may also be able to sue your employer under the Jones Act or the... Read more »
what law applies to my injury claim?
answered on Mar 24, 2018
The US general maritime law
My mother finished her session of dialysis and went to the bathroom. She fell and was on the floor for about 10 min until she was able to pull the cord. She was sent to the hospital and was told she has a fractured hip and needs surgery.
answered on Mar 12, 2018
It depends on what caused her to fall. In general businesses are only liable if someone gets hurt because they were negligent. So for example, if there was a defect on the floor or the floor had just been mopped and there was no sign, then potentially, there could be a case. On the other hand, if... Read more »
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