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New York Personal Injury Questions & Answers
2 Answers | Asked in Education Law and Personal Injury for New York on
Q: Are schools liable for behavior of their students on school sponsored trips?

Ex) a student injures a member of the public by engaging in reckless behavior

Tim Akpinar
Tim Akpinar
answered on Apr 4, 2022

These are generally fact-intensive settings, and they can be complex. A central issue will often be whether there was a lack of supervision or negligent supervision on the part of the school (or possibly other entities, depending on the setting). An experienced attorney who had the chance to review... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: My fiance daughter was i a serious accident o the school bus hospital stop treatment unless they get money heson a rig

What can be done so she can get proper treatment

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

Sorry to hear what happened to your fiancé's daughter. As my colleague correctly advised, best for your fiancé to speak with an experienced personal injury lawyer. He can find many excellent personal injury lawyers using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that the... Read more »

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1 Answer | Asked in Civil Litigation, Small Claims, Personal Injury and Health Care Law for New York on
Q: What NY State laws govern an involuntary psychiatric hold (in ER) and the administration of medication without consent?

My 23 year old daughter sought care in ER for asthma attack. After flippantly saying she would "rather kill herself than be admitted overnight", she was immediately put on an involuntary hold without consideration of context and relevant mental health history. Within minutes she was... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 28, 2022

I'm sorry for your daughter's and your family's ordeal here. There is New York State Mental Health Hygiene Law section 9.27(a), which involves involuntary admission on medical certification. These are generally fact-intensive settings that require detailed investigation. You could... Read more »

3 Answers | Asked in Personal Injury for New York on
Q: How is the settlement in a personal injury case calculated? Should my lawyer review this information with me?

I am wondering what I should expect to be included in a settlement offer, and how a settlement amount is typically calculated. Also, should I expect my lawyer to discuss the details of my case expenses and damages with me before negotiations begin. Lastly, should my lawyer help advise me on how... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 14, 2022

The settlement is based on pain and suffering, permanence of injuries/disabilities, severity of injuries, impact on life, lost wages, medical expenses, and other factors. On complex cases involving very serious injuries, there can be future expenses, as you mention. On minor soft-tissue injuries... Read more »

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2 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for New York on
Q: In regard of a car accident

I was involved in a car accident on October 2020. I did not hire an attorney because the insurance company said they would take full responsibility, the report said we were both at fault even though the driver cut me off on the opposite side and hit my driver side, I was injured. Upon taking days... Read more »

Steven Richard Smith
PREMIUM
Steven Richard Smith
answered on Mar 1, 2022

Unfortunately, you are 1 1/2 years late for getting the assistance you need if you are in NY. You really needed an attorney at the outset. I can only comment on New York Law, so if this is another state this response might not apply. In NY, you would not use your primary health insurance for... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: I need to know when and how I should ask for a settlement
Tim Akpinar
Tim Akpinar
answered on Feb 18, 2022

It really depends on the type of case and the details of your case. There is no universal "one size fits all" answer here. There are many factors to consider, and an experienced attorney would be able to offer insight there. Here are some general factors to consider in a personal injury... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: back in December I had a motion conference for a civil case the preliminary conference is in may what's next

I want to know what are the next steps until I get a settlement or win my case

Charles Edward Green
Charles Edward Green
answered on Feb 18, 2022

If things go as they are supposed to, at the preliminary conference deposition dates will be set, discovery deadlines given, a future status conference scheduled, and a date for the filing of the note of issue will be set. At some point the parties will exchange paper discovery as set forth in the... Read more »

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2 Answers | Asked in Personal Injury and Small Claims for New York on
Q: If my child is bit in school what can I do?
Tim Akpinar
Tim Akpinar
answered on Feb 17, 2022

I'm sorry your child was bitten. In terms of what you can do, your first step could be to reach out to an attorney who handles injury cases. I hope your child is okay. If the bite is of a minor nature and damages are transient in nature, it's possible that a law firm might have... Read more »

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1 Answer | Asked in Personal Injury for New York on
Q: Can one sibling prevent the other sibling from allowing kids on their property. Property is not kid-friendly.
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 17, 2022

An owner or possessor of real property certainly has the right to restrict access to the property. If the property is jointly owned, however, then the answer would presumably be no as each sibling would have equal right to the use of the property. Regardless, if there are conditions on the... Read more »

2 Answers | Asked in Personal Injury, Real Estate Law, Civil Litigation and Landlord - Tenant for New York on
Q: What kind of lawyer do I need? My single wide trailer burned down, no fault of my own! l

I had been complaining to the landlord for months they would try to fix it, it was never right, he and His Drunk handyman put in bigger fuel jets and it burned twice as much fuel. a few days ago at bed time it went out, we hit the reset and a few minutes later the furnace went up in flames, we made... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 7, 2022

First find out if your loss is covered by insurance. If there was an insurance policy in effect for the premises, then the type of lawyer you would need would be a civil litigation lawyer versed in property and casualty claims. Thankfully, it looks like no one was injured. If there is a policy in... Read more »

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4 Answers | Asked in Landlord - Tenant and Personal Injury for New York on
Q: Being sued along with tenant for a dog attack. Am I responsible?

I'm a landlord in FL with a property in NY. The suit claims that my tenant's dog attacked a minor. It wasn't in the lease but we had verbally told the tenant that no pets are allowed. Am I still liable for the damages caused? What are our next steps?

Michael Bersani
PREMIUM
Michael Bersani
answered on Feb 4, 2022

You’re in luck. Under current New York State case law, a dog bite victim can only hold someone liable who either owned or harbored the dog. In your fact scenario, the landlord did neither. He simply owned the building where a tenant resided who owned and harbored the dog. it is very unlikely that... Read more »

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3 Answers | Asked in Personal Injury for New York on
Q: How much pain and suffering is fair for a minor slip and fall ?

Out of work for 8 days , laid up for 15 . Sprained ankle , back spasm . Had to go back due to medication reaction . Insurance paid medical upfront . Slid in grocery store on spilled fruit. The store insurance company notified

Tim Akpinar
Tim Akpinar
answered on Feb 4, 2022

It could be difficult to say, based on these brief facts. Pain and suffering can be a major element of damages and it is based on a number of factors. These can include the impact on one's life in terms of the outright pain, suffering, disability, changes in lifestyle, inability to carry out... Read more »

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1 Answer | Asked in Energy, Oil and Gas, Environmental, Personal Injury and Wrongful Death for New York on
Q: Was there any kind of settlement for the people in sugarcreek missouri for the ammaco oil refinery spill

I know at one point there was a letter sent to my grandmother in regards to a settlement but it was determined we wasn't zoned in. I understand we were zoned in at a later date. My grandmother and grandfather both died of cancer in that rachet town because of the oil spill and I feel justice... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 4, 2022

I'm sorry for the loss of your grandmother and grandfather. You could search online for case records of individual claimants under the spill (or its associated clean-up and remediation efforts), or whether a class of plaintiffs was formed. If venue for the action was in Missouri, another... Read more »

2 Answers | Asked in Consumer Law, Personal Injury and Car Accidents for New York on
Q: a person hit my condo and caused an excess of damages above limits of there policy. How do I know there worth

It was considered there fault abs a lot of stress as it is taking extra long to complete because mgmt is failed to progress as well. It’s been 7 months abs still not complete- only a 2 month job.

Tim Akpinar
Tim Akpinar
answered on Jan 25, 2022

Investigators are generally able to identify those things, but in the absence of injuries, building/property policies could sometimes offer higher policy limits than vehicle policies carrying minimum statutory limits. Good luck

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: If I give an employee explicit permission to use my personal vehicle does that imply anyone else permission to use auto?

Can employee give anyone else permission to use vehicle.

Tim Akpinar
Tim Akpinar
answered on Jan 21, 2022

The simple answer is that express permission to one person would often mean they are the person permitted to use the vehicle. But depending on the relationship, level of friendliness, stating something to the effect that use of vehicle is for company purposes (or personal use as well), mentioning... Read more »

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3 Answers | Asked in Personal Injury for New York on
Q: Hello I'm a client at this law firm and I got into a bike accident almost 3 months have not recieved any paid wages?

Well I wanna know does it take this long for you recieve paid wages I gave my work info they got the disability certificate from doctor I've been out of work since Nov 8 2021 this is very stressfull.

Tim Akpinar
Tim Akpinar
answered on Jan 11, 2022

I'm sorry for your ordeal with obtaining lost wages. This is something only your attorney could advise on if they've been handling the application for your benefits under N.Y. No-Fault law. Some general reasons for delays could include verifying employment, wages, and time missed from... Read more »

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2 Answers | Asked in Employment Law and Personal Injury for New York on
Q: Can my employer lower my wage as a result of me getting a hernia injury when part of my job duties are heavy lifting.

I have a medical history and had this same injury before at the same job. They are aware of my medical conditions and have been for 6 years. It never was a problem until it went under new ownership this last year.

Tim Akpinar
Tim Akpinar
answered on Dec 26, 2021

An employment attorney could advise most meaningfully on the element of your wages; as to the Personal Injury category you posted under, this may be something closer to workers' comp than personal injury. If your injury took place within the course of your employment, you may want to consider... Read more »

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1 Answer | Asked in Family Law, Personal Injury, Child Support and Small Claims for New York on
Q: Can I take any legal action against my parents for childhood abuse and neglect resulting in severe mental illnesses?

My mother never paid child support even though she was not the custodial parent,at17 years old she let me live there for only less than a month before making me homeless.She has always been inappropriate with me making me take off my shirt to take pictures of me while I was in the mental health... Read more »

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

So sorry to hear about what happened to you. Unfortunately, from your description, it appears the Statute of Limitations (SOL) on any case has long since expired. The SOL for intentional torts such as abuse is only one (1) year from the time you turned 18. New York does not recognize a cause of... Read more »

1 Answer | Asked in Personal Injury for New York on
Q: While I am waiting for my motion for reconsideration to be heard, do I have to comply with the court's short order form

1st Court Order Stipulation gave the Defendant and I 45 days to answer specific discovery questions. After 45 days I no longer answered the questions. Defendant made 2nd motion indicating I didn't comply with the Order , In my replied I indicated I did. Judge short Order form said I have 30... Read more »

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

Rather than standing on ceremony, the safer practice would be to comply with the second court order and give complete responses to the defendant's discovery demands. You might also want to confer with defense counsel and find out what additional discovery they claim is outstanding so that you... Read more »

3 Answers | Asked in Personal Injury for New York on
Q: Personal injury case settled money is in escrow. Medicaid lien sept 10th. No answer from nys health dept. How long?

Release papers signed August 10th 2021. Lawyers are still trying to negotiate but it taking a long time. What is the longest timeframe for this?

Tim Akpinar
Tim Akpinar
answered on Nov 27, 2021

Congratulations on the settlement of your case. As for the liens, unfortunately, they can take time to process. Some city agencies take 90 days or 120 days just to confirm liens. Additionally, liens are sometimes assigned to vendors halfway across the nation handling the subrogation liens in a... Read more »

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