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New York Personal Injury Questions & Answers
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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2 Answers | Asked in Landlord - Tenant and Personal Injury for New York on
Q: Have mold growing in areas of every room in the house and landlord hasn't done anything.

It's growing on my personal belongings and my daughter had a toy in her mouth that mold grew on.

Tim Akpinar
Tim Akpinar
answered on Nov 26, 2021

You may need to consider consulting with two separate attorneys here, one for your landlord-tenant rights and one for the personal injury rights. As for the injury-based aspects, you could reach out to firms that handle mold - toxic exposure type cases. These cases can be more difficult than... Read more »

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for New York on
Q: Can i sue if for excessive force if i get an acd or do i need a straight dismissal

I went to pick up an order of protection that was on me the sheriff told me i had to fo to a beooklyn precint and handed me the oop i then told him i spoke with an officer the day of the occurrence he slammed his handcuffs on me causing me to bleed i told him he hurt me and he squeezed harder on... Read more »

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

You can sue the police officer for excessive force regardless of whether the criminal complaint against you is dismissed or adjourned in contemplation of dismissal. One has nothing to do with the other. Here's an article I found online which you might find useful.... Read more »

3 Answers | Asked in Personal Injury and Probate for New York on
Q: Hello, Can you explain the waiver of statue of limitations to ,me please? Thanks
Charles Edward Green
Charles Edward Green
answered on Nov 7, 2021

A statute of limitations is the time limit on how long you have to bring a lawsuit. In a personal injury case the time limit is typically three years from the date of accident, but there are other shorter time periods that could apply.

A waiver of the statute of limitations is when a...
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Q: Misrepresentation

I got ran over by a garbage truck on December 11 2019 while working. I hired a worker’s compensation lawyer. I had to quit my job because of my living condition. I had no family members where I was living at so I moved. Workers compensation felt like I wasn’t entitled to any financial benefits... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 4, 2021

In terms of the funding for the second necessary surgery, one option could be to look into public health agency coverage. In terms of the declaration of a permanent disability by your orthopedic surgery, that could be something to explore further with an attorney who handles disability claims. In... Read more »

3 Answers | Asked in Personal Injury for New York on
Q: being sued by someone claiming personal injury from my car in 2018. He went through my insurance. Now he’s suing me

I have no property. All I have is a checking account I pay my rent with and a car worth $2,000. What do I do?

Charles Edward Green
Charles Edward Green
answered on Oct 23, 2021

First stop and take a deep breath. You have insurance and they will handle it all for you. It seems they were making a claim with your insurance company for the past few years and were unable to reach a settlement. They only have three years from the date of accident to file a lawsuit, and I would... Read more »

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2 Answers | Asked in Education Law and Personal Injury for New York on
Q: Good afternoon, I would like to find representation for our daughter who attends a local school in Tompkins County.

She was physically attacked by another minor and another student recorded this incident. We have pressed charges on the subjects. I believe we are going to need some to be our representative, to make sure that the young lady gets more than one week's suspension and will no longer cause harm to... Read more »

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

The decision to suspend your daughter's assailant (and how long to suspend her) is likely in the sole discretion of the school's principal / superintendent. Do not be surprised if you do not have any say in the matter. If the student who attacked your daughter had a history of such... Read more »

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1 Answer | Asked in Personal Injury and Civil Litigation for New York on
Q: Court of Claims NY, can Claimant not testify in own case to avoid cross-examination?

I am pro-se Claimant in the NY Court of Claims. It happens that I am calling the same witnesses as the defendant (the State). The defendant presents the witness for their own defense but ALSO makes them available for Claimant's case. Is this means double direct and cross-examinations on each... Read more »

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

I'd be very surprised if the Judge allows you to call as direct witnesses individuals who have already been produced as witnesses by the State. More likely than not, if the witnesses are "hostile", you will have an opportunity to cross-examine them once the State has finished its... Read more »

2 Answers | Asked in Insurance Bad Faith, Personal Injury and Products Liability for New York on
Q: Why would a claims adjuster deny a claim and then turn around and want to offer payment for pain caused by the incident?

I am the third party in a product liability insurance claim. The claim was denied earlier this month and just yesterday, the adjuster called me wanting to "resolve" the claim by offering payment for "pain" from the injury.

Before the insured sent the complaint over to... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2021

It's difficult to say what the cause for the change in position on the part of the insurance carrier was without seeing the file and all communications. But what you describe is not uncommon. A claim could initially be denied because the examiner has not been presented with sufficient evidence... Read more »

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2 Answers | Asked in Personal Injury and Insurance Bad Faith for New York on
Q: How somebody can claim personal injuries in front of my house if there is no obstacles, potholes or cracked sidewalk?

If somebody claims that got hurt in front of my house how can request to be paid by my house liability insurance? My security system is old and cannot record, just view. Out of nowhere you just try to get money from your neighbors ?

Tim Akpinar
Tim Akpinar
answered on Sep 25, 2021

Your homeowner insurance company will thoroughly investigate the matter. It is not enough for someone to simply fall. They must show that it resulted from a defect in the surface or negligence on your part. The claims adjustor or defense attorney from your insurance company should be able to... Read more »

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2 Answers | Asked in Civil Litigation and Personal Injury for New York on
Q: Consumption by Fraudulent Means. Is there a law against this in NYS

I was slipped an illegal substance in my drink unknowingly. There are witnesses. I later had my urine tested. It tested positive for thc. I have eye witnesses. This has caused me mental anguish and anxiety. Do I have a civil case?

Peter N. Munsing
Peter N. Munsing
answered on Sep 17, 2021

Yes. You have a battery case (as in assault and battery). However, if the person has no money, you may win but not collect. Also, if the only effect is anxiety be aware that courts require proof of mental harm, and some states have more stringent requirments.Contact a member of the NY State Trial... Read more »

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Q: Workers compensation contract

I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2021

I'm not certain what it was that you signed while hooked up to IVs in the hospital, but I'll address the personal injury aspect of your question, since you posted under that category. If you were injured in the course of your employment, it's possible you could have the basis for a... Read more »

1 Answer | Asked in Personal Injury for New York on
Q: Hello, my son was involved in a injury case in California and was awarded a settlement from the defendant.

this settlement was reach in Feb of this year (2021). As of today AUg. 11, my son has not received his settlement award. Is there a time limit for payment to a plaintiff in the state of California.

THank you

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2021

I'm sorry your son was involved in an accident - I wish him a healthy recovery from his injuries. In terms of statutory requirements, if there are any under California law, you could repost your question under California. I could say this for most jurisdictions nationwide, as a general matter... Read more »

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