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answered on Mar 5, 2023

The Jones Act is a federal law that provides certain protections to seamen who are injured while working on vessels, including cruise ships. However, it does not provide any direct compensation to passengers who are injured on a cruise ship.

If you were injured on a cruise ship as a... Read more »

I'm sorry about your accident. The Jones Act applies to crew members of vessels sailing under the U.S. flag. Passengers have different routes for pursuing claims. If you reached out to attorneys who handle cruise ship accidents, they should be able to advise what your next steps should be, if... Read more »

Addendum...

My colleague raises good points. As an addendum, I'll add this about your mention of the expert. It's common for experts to be challenged. That's one of the issues on which an experienced attorney's trial advocacy skills could be important - it takes skill to... Read more »

Yes, you can still represent yourself if the defendant is represented by counsel. That said, as you are already aware, "A man who is his own lawyer has a fool for a client." Although you were able to adequately represent yourself when the defendant was not represented by counsel, you... Read more »

You've done a considerable amount of work as a pro se plaintiff, which is commendable. The general rule in our legal system is that people are free to represent themselves. However, one of your options could be to consider arranging a free initial consult with an attorney who handles injury... Read more »

The settlement proceeds from your settlement would likely have been deposited in a bank account held jointly by one of your parents and an officer of the bank. Once you reached the age of majority (18), the funds would have belonged to you and to you alone. If your lawyer is still around after... Read more »

In accident cases involving minors in New York and other jurisdictions, the funds from an injury award are not directly presented the minor. The attorney uses an Infant Compromise Order in New York. Other states use similar mechanisms. After a judge approves the settlement terms, money is held in... Read more »

That the other driver was walking around immediately following the incident, although relevant, is not dispositive as to whether he sustained a permanent injury from the collision. Many injuries, especially neck and back injuries, do not manifest themselves for several days following the initial... Read more »

I'm sorry about your accident. Make copies of the papers you were served with and give the originals to your insurance carrier. They should arrange a legal defense. New York State is a comparative negligence jurisdiction, which means that each driver's relative fault can be determined as... Read more »

Sorry to hear what happened to you. If you wish to pursue a medical malpractice lawsuit, you will need to obtain copies of your medical / hospital records and speak with an experienced medical malpractice attorney so that they can have them reviewed by an appropriate expert. Almost all of them... Read more »

Unless you can identify the passengers who robbed you, you do not have many options apart from reporting the matter to the police (which you did). With regard to legal action against Greyhound, the actions of the bus driver (assuming them to be true) clearly fall outside the scope of his... Read more »

If I understand you correctly, you have evidence which would be of use to plaintiff's counsel in a lawsuit and want to get paid for the time you spent compiling such evidence. Although you can certainly speak with plaintiff's counsel to discuss your proposal, unless you were retained /... Read more »

You should speak to a lawyer because ALL details and fine points matter for a correct analysis. At first glance, it appears that the driver is fully liable, irrespective of the other circumstances. However, liability is also apportioned in accordance with the state rules for that.

If this is a real-life setting, Sam could be dragged into the equation, depending on his alternatives, the reasonableness of his reaction, and the scope of coverage provided by the company's insurance. If this is a textbook setting, which is doubtful, since students never turn to Justia as a... Read more »

Under the law, hospitals in New York are required to keep patient records for six (6) years after the date of discharge or, in the case of a minor, three (3) years after the patient reaches the age of 18; or at least six (6) years after the date of death.... Read more »

Sorry to hear what happened to you. Unfortunately, New York State does not have a date of discovery rule for medical malpractice cases such as yours. Which means the statute of limitations (your time in which to bring a malpractice lawsuit) expired a long, long time ago, i.e. 2.5 years from the... Read more »

I'm sorry for your ordeal with the cochlear implant. To evaluate the legal merits of your position, you could reach out to med mal attorneys and try to arrange a free initial consult. If a law firm felt there was a viable basis for a case, they could retrieve your patient records and review... Read more »

As my colleague correctly advised, it means that not all of the parties have appeared in this action (or recorded their appearance electronically). If a party fails to record its appearance, it risks not receiving timely notifications from the Court and/or filings by other parties.

It could mean the other side didn't acknowledge their appearance on the court system's e-filing system (NYSCEF - New York State Courts Electronic Filing). In a broader sense, it could also have more general meanings, depending on context. Good luck

If you already had a lawsuit in which you alleged that a person or entity caused you to sustain personal injuries, you cannot bring a second lawsuit against the same person or entity for new or unknown injuries arising out of the same occurrence for which you originally sued. Moreover, the statute... Read more »