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Questions Answered by Charles Edward Green
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... View More

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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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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... View More

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3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: NYS- Do I have to settle a liability claim in 3 years or I lose my rights? (struck by car in a crosswalk while on a bike

I was technically at fault due to being on a bike. Woman driving the car was messing with radio making a left hand turn. Insurance adjustor is pressuring me to settle tonight or I'll get nothing because tomorrow is 3 years.

Follow-up questions: Police report places blame on me... View More

Charles Edward Green
Charles Edward Green
answered on Jul 31, 2021

I am going to assume that since you have let three years pass without hiring a lawyer, you did not suffer any serious injury in the accident. If you did suffer a serious injury (broken bone, significant disfigurement, limitation of use of a body part, or disabled for 90 days, or had some type of... View More

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2 Answers | Asked in Contracts and Personal Injury for New York on
Q: Hi if a judge issues a remitturr as a motion judgement does that mean that there was a offer discussed already on a case

My Attourney haven’t said that there was an offer yet. Just wondering if an offer likely is on the table already thank you, the opposing counsel lost summary judgement and the appeal for summary judgement was also denied does the case settle for an additional amount went summary judgement and the... View More

Charles Edward Green
Charles Edward Green
answered on Jun 6, 2021

First, I am going to try to make sense of what’s happened in your case. In order for the judge to have reduced the amount of a verdict (remittitur), there must have been a trial on damages in your case following the granting of summary judgment on liability and successful defense of the summary... View More

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3 Answers | Asked in Personal Injury for New York on
Q: Personal injury case has been in special trial part for a year and a half , it’s just adjourned for so long!

What is the STP part. Is that a settlement part it says special trial part , I thought this part was suppose to go to trial. Can someone explain. Thank you

Charles Edward Green
Charles Edward Green
answered on May 19, 2021

STP is the last stop in the court process, and it is from there that cases are sent out for jury selection and trial. As I am sure you are aware, the Covid pandemic shut down the court system for months, and jury trials only very recently began again, and on a very limited basis. Unfortunately for... View More

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3 Answers | Asked in Personal Injury for New York on
Q: Hello my fiancé working on a furniture store slipped off the platform where the furniture is on display

She fractured her ankle! Workers comp settled with her ! Her Attourney is now suing the owner of the building there was defected floor on the store that caused this fracture! It’s been since 2017 he doesn’t call you have to call him ! We reached him and he said there was an offer that was so... View More

Charles Edward Green
Charles Edward Green
answered on May 6, 2021

I am very sorry to hear about you fiancé’s accident. Whether you should change attorneys depends on a number of factors. The fact that the accident occurred in 2017 is not terribly significant, since with Covid and the Courts shut down for a significant period of time, delays in cases are... View More

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4 Answers | Asked in Personal Injury for New York on
Q: Can i sue a restaurant for the injury damages i got from falling on their steps, i was also drunk when this happened.
Charles Edward Green
Charles Edward Green
answered on Feb 27, 2021

You can sue the restaurant, and also likely the building owner, if there was a defective condition on the steps, such as a broken step, missing railing, or inadequate lighting. Garbage or other debris on the steps may also be a basis for a lawsuit. The fact that you were intoxicated would be... View More

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