Lawyers, Answer Questions  & Get Points Log In
New York Personal Injury Questions & Answers
1 Answer | Asked in Criminal Law and Personal Injury for New York on
Q: In New york state, if someone was to host an event, with donations accepted

and there so happened to be two parties that wanted to fight, accident waivers and release forms signed. is there anything in the law stopping this fight? will the only people liabal for said fight would be the two parties and not the host of the event.

Marco Caviglia
Marco Caviglia
answered on Sep 2, 2023

Laws don't stop fights, they just tell one what conduct is illegal and the penalty if a perpetrator gets convicted. Your question seems to really be what is your liability. If you are somehow civilly responsible for allowing the fight (or promoting it) your accident waivers, even if... View More

3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: What is the process of suing a company? I unknowingly purchased food that contained bugs in it, how do I sue?

I have the receipt, I took pictures of the barcode, etc. I also took the pictures of the bugs and what looked like holes within the black-eye peas.

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2023

If you are contemplating using an attorney, they would advise. If you are interested in handling the claim yourself, there are resources online. If you consult with an attorney, one of the first questions raised will be the extent of damages you suffered. I hope you're okay, but unless there... View More

View More Answers

3 Answers | Asked in Consumer Law, Personal Injury and Products Liability for New York on
Q: What is the process of suing a company? I unknowingly purchased food that contained bugs in it, how do I sue?

I have the receipt, I took pictures of the barcode, etc. I also took the pictures of the bugs and what looked like holes within the black-eye peas.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 25, 2023

Purchasing food that contained bugs, without more, will not justify the time and expense of a lawsuit, even a lawsuit you bring yourself. Your damages are arguably limited to the purchase price. You'd be better off writing to the manufacturer and asking for a full refund.

View More Answers

1 Answer | Asked in Personal Injury for New York on
Q: I fell on a homeowner’s property last year in the Bronx. I gave the case to an attorney who advised they can’t find insu

They can’t find the insurance company for the homeowners and she was served twice but never responded!

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 25, 2023

It is possible that the homeowner did not have liability insurance. In which case getting a recovery is going to be exceedingly difficult as you will have to pursue the owner's personal assets. Best to speak with your attorney about what steps he or she wishes to take next, such as moving... View More

2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: If a car hit me from the side from behind, who is at fault?

I got into an accident in Brooklyn, NY about a year ago. I was merging lanes for an exit and the guy behind me was texting. Even though it was all very slow motion, his SUV pushed into the rear left side of my car (behind the passenger seat area, near the gas tank) causing quite a bit of damage. At... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 25, 2023

Under New York Vehicle and Traffic Law § 1129, the driver of a motor vehicle is not supposed to follow another vehicle more closely than is reasonable and prudent under the circumstances. Generally speaking, the vehicle which strikes another vehicle from behind is at fault. On the other hand, a... View More

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Hi. I traveled to New Jersey for a hip injection from upstate NY and I am curious about legal action.

I traveled from Upstate NY to New Jersey for a hip injection. There was a blizzard outside but we informed the doctor I was already there so he said he would come in. I was laying on my left side on the table, with my knees at a 90 degree angle but my torso was facing the ceiling and lifted up. My... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 25, 2023

Sorry to hear what you've been through. It's unclear how an injection into your hip would cause vertebrae in your neck to get out of alignment or shortening of your leg - one likely had nothing to do with the other. Unless you can demonstrate that the doctor's treatment fell below... View More

View More Answers

2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: A cyclist ran into me and got hurt but he was speeding and I looked twice before turning who is liable ?

I looked twice before turning both ways and no vehicle was there and I turned and the cyclist came out of no where and hit my front left side and my bumper fell off and he stated he is fine but later on I saw him with a hand brace and I tried calling him and he stated “you have to talk to my... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 25, 2023

As the vehicle making a turn, you were obligated to see what there was to be seen under the circumstances, including any appropriate cyclists, and to yield the right of way to any approaching vehicles / bicycles. That you did not see the bicycle, even after looking both ways, suggests you were not... View More

View More Answers

2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: A cyclist ran into me and got hurt but he was speeding and I looked twice before turning who is liable ?

I looked twice before turning both ways and no vehicle was there and I turned and the cyclist came out of no where and hit my front left side and my bumper fell off and he stated he is fine but later on I saw him with a hand brace and I tried calling him and he stated “you have to talk to my... View More

Tim Akpinar
Tim Akpinar
answered on Aug 17, 2023

I hope everyone involved is okay. It could depend on the signage, the traffic control devices at the intersection, and your respective headings. You should place your insurance company on notice of the accident. They will be able to set up their claim and investigate the matter. Good luck

View More Answers

1 Answer | Asked in Consumer Law, Contracts, Health Care Law and Personal Injury for New York on
Q: I found feces marks on my hotel sheets and the house manager said that she didn’t inspect the room, should I sue?

My mom and I went to a hotel in the city. While I was in the bathroom, she was fixing the sheets. She was trying to fix the bed before leaving and found feces marks on the sheets underneath the sheet that she was laying on. The hotel has a cleanliness policy and this is violating it. Should we sue... View More

Jacqueline A. Cara
Jacqueline A. Cara
answered on Aug 14, 2023

In order to have a viable cause of action to sue, you will have to prove damages. That means that you incurred injury or cost related to the incident. If, for example, the hotel refused to correct the issue and you had to get a different room at your expense, that might be sufficient damages.... View More

3 Answers | Asked in Personal Injury and Criminal Law for New York on
Q: I accidentally side swiped a outdoor restaurant seating structure on the street? There was no real damage no police repo

There was a person in the structure that was not in contact with my vehicle but claimed he was assaulted? He also took a picture of my license? Is that legal? And was that assault? He refused me calling medical attention

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 7, 2023

As my colleagues correctly advised, this incident sounds more like negligence than assault (which requires an element of intent). Report the matter to your insurance carrier and let them handle it. No real damage does not mean the restaurant did not sustain any damage for which you would be... View More

View More Answers

3 Answers | Asked in Personal Injury and Criminal Law for New York on
Q: I accidentally side swiped a outdoor restaurant seating structure on the street? There was no real damage no police repo

There was a person in the structure that was not in contact with my vehicle but claimed he was assaulted? He also took a picture of my license? Is that legal? And was that assault? He refused me calling medical attention

Steven Richard Smith
PREMIUM
Steven Richard Smith
answered on Aug 6, 2023

Taking a photograph of your license plate is certainly legal. To prove assault, he would have to prove intent to harm. This sounds more like a simple, negligence action. If your car accidentally hit a structure, your liability insurance should cover the damage. Simply report the accident to your... View More

View More Answers

3 Answers | Asked in Personal Injury and Criminal Law for New York on
Q: I accidentally side swiped a outdoor restaurant seating structure on the street? There was no real damage no police repo

There was a person in the structure that was not in contact with my vehicle but claimed he was assaulted? He also took a picture of my license? Is that legal? And was that assault? He refused me calling medical attention

Tim Akpinar
Tim Akpinar
answered on Aug 6, 2023

It sounds more like a negligence claim than an assault claim, since there doesn't seem to be any intent on your part. Notifying your insurance carrier could enable them to anticipate possible claims - either from the person or from the restaurant for property damage. Good luck

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: WAY back in 2005 or 2006 I was in a car accident that resulted in whiplash. It was deemed a no fault accident.

Now years obviously have passed and after all my initial PT and seeing a spine specialist who sent me to a chiropractor . The chiro seemed to have helped it for awhile and that was the last time I think I ever checked that box that this was from a no fault accident. I've had problems over the... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 4, 2023

Sorry to hear that you're still experiencing the after-effects of the crash. Unfortunately, the statute of limitations in New York is only three (3) years from the date of the incident. Which means your time in which to file a lawsuit expired a long, long time ago (assuming your prior... View More

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: WAY back in 2005 or 2006 I was in a car accident that resulted in whiplash. It was deemed a no fault accident.

Now years obviously have passed and after all my initial PT and seeing a spine specialist who sent me to a chiropractor . The chiro seemed to have helped it for awhile and that was the last time I think I ever checked that box that this was from a no fault accident. I've had problems over the... View More

Tim Akpinar
Tim Akpinar
answered on Aug 3, 2023

I'm sorry about your lingering pains. Unfortunately, there's probably not very much that could be done at this point, some 17 - 18 years post-accident. If you were receiving medical treatment under your no-fault policy, which is likely the case, you would have probably had an IME... View More

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: WAY back in 2005 or 2006 I was in a car accident that resulted in whiplash. It was deemed a no fault accident.

Now years obviously have passed and after all my initial PT and seeing a spine specialist who sent me to a chiropractor . The chiro seemed to have helped it for awhile and that was the last time I think I ever checked that box that this was from a no fault accident. I've had problems over the... View More

Tim Akpinar
Tim Akpinar
answered on Aug 4, 2023

Addendum - In addition to double-checking with your former attorney to be certain about the disposition of the case, there could be other options. Even if a no-fault insurance file has long since been closed, there could be other health insurance coverages to explore. Good luck

View More Answers

1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for New York on
Q: If I am an esthetician and my client has an allergic reaction, can I offer them Benadryl from my first aid kit?

Estheticians are not medically trained professionals, and this would be a single packed unopened packet to be offered for a client with histamine reactions.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 28, 2023

Yes, you can offer them Benadryl. Offer it to them and let them make their own decision as to whether or not to take it. Just make sure they are aware of the side effects / risks of the mediation, perhaps by having the warning label / package insert available for them to read. You are not a... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for New York on
Q: How do I go about sue my neighbor for endangering my son

My son was attacked on the stairwell of my babysitter home

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 18, 2023

So sorry to hear what happened to your son. I'm assuming your son was attacked by someone other than the babysitter. If that's the case, you'd need to demonstrate that the attack was foreseeable and could have been prevented with reasonable security measures. A sudden, unforeseen... View More

2 Answers | Asked in Family Law, Personal Injury and Education Law for New York on
Q: Preschool left my son unattended by a major road not holding his hand or watching him for about a minute and I seen it

Me and two other people witnessed my son 4 years old walking near a major road with his group and his hand wasn’t being held and wasn’t being watched for about a minute and he could’ve went into the street and got hit by a car or something could’ve happened etc

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 12, 2023

The civil justice system only provides a remedy for harm that has occurred, not harm that might have occurred. Fortunately, your son was not harmed. Speak with the principal and teacher at your son's school and tell them what you observed so that it does not happen again (either to your son... View More

View More Answers

2 Answers | Asked in Family Law, Personal Injury and Education Law for New York on
Q: Preschool left my son unattended by a major road not holding his hand or watching him for about a minute and I seen it

Me and two other people witnessed my son 4 years old walking near a major road with his group and his hand wasn’t being held and wasn’t being watched for about a minute and he could’ve went into the street and got hit by a car or something could’ve happened etc

Tim Akpinar
Tim Akpinar
answered on Jul 12, 2023

I'm glad that your son is okay. As my colleague correctly says, the standard applied is one of actual harm, and not harm that could have been. And thank goodness no actual harm occurred. Hopefully, the school will take measures in supervising children outside the safety of the school grounds.... View More

View More Answers

2 Answers | Asked in Criminal Law and Personal Injury for New York on
Q: My mother was assaulted by someone a few months back. She cursed at a driver who the pulled over and assaulted her

tonight I was walking home and the culprits have reappeared and parked the car in question down the street. Her wrist has been injured since she was shoved and pushed to the ground by the female drive who exclaimed : Who's the b**** now!!! hahah and drove off.

Being a new yorker... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 12, 2023

Sorry to hear what happened to your mother. The act of pushing your mother was an intentional tort and had nothing to do with the operation of a motor vehicle. As such, insurance will not cover the the event. Best to report the matter to the police and let law them handle it. Your mother could... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.