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4 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: My case started in 2016 why is it taking so long

It was a car accident in queens against DOT, I had surgery .

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answered on Oct 7, 2024

That does seem a bit long, but honestly, for the NYC area, and with the defendant being a governmental entity, it is not uncommon. A lot would depend on whether there was "motion practice", which could delay the case by many, many months if the court is congested. If you believe your... View More

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3 Answers | Asked in Car Accidents for New York on
Q: After a car accident, does it make sense to file a claim with the other parties insurance although mine found me liable?

I recently got into a car accident. I stopped at the stop sign (two way stop) saw nothing went through intersection. As I’m almost out of the intersection a car t-bones me on the passenger side. My insurance found me liable because I had the stop sign. Does it make sense to file with the other... View More

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answered on Sep 27, 2024

It makes no sense unless you have a good argument that the other vehicle was at least partially at fault.

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5 Answers | Asked in Personal Injury for New York on
Q: Am I liable if someone sustains a back injury or has a heart attack shoveling my driveway snow?
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answered on Oct 9, 2023

You are not liable because you did nothing negligent or careless to cause of this.

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4 Answers | Asked in Personal Injury for New York on
Q: I found a piece of glass in my sandwich today thankfully I didn’t swallow it or suffer any injuries. Do I have any case
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answered on Sep 5, 2023

You have no case at all. It’s like almost slipping and falling but seeing the banana peel in the much of time. You got lucky. Count your blessings.

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3 Answers | Asked in Personal Injury for New York on
Q: NY, workplace parking lot slip on ice. Severe ankle injury requiring surgery. Slip/Fall attorney? Workman comp? or both?

Slip caused 2 breaks, 1 fracture & dislocated ankle requiring 1 plate & multiple screws, 3 month recovery minimum. Workman comp issues are piling up - in home care, physical therapy, transportation to doctor etc. There are also many long-term personal losses and costs to my wife and I. So,... View More

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answered on Mar 9, 2023

If your employer owned the parking lot you likely have only a comp case. However, if an outside contractor was in charge of removing snow and ice, then there is a possible “third party action” available against the contractor depending on the extent and nature of the contract.

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2 Answers | Asked in Car Accidents for New York on
Q: How can I get the insurance information of a vehicle in volve in an accident I got the police report but it did not have

The insurance it only have the insurance code

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answered on Jan 9, 2023

Look at the insurance code on the police report. You can then google “insurance codes on police reports” and a whole list of all the insurance companies with their respective codes will turn up.

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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... View More

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answered on Mar 14, 2022

The answer to all your questions is “yes”. Your lawyer should consult with you on all of these things. And most important, in New York, you must approve any settlement. Your lawyer cannot settle without your consent. You’re a lawyer, however, is in a better position to advise you as to as to... View 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?

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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... View 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

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answered on Feb 4, 2022

You’re a pain and suffering compensation depends on the venue of the case. If it is brought in a county such as the Bronx or Erie County, it is worth more because juries are more generous there. If you bring it in and upstate rural county, it is worth less because juries are stingier there. But... View More

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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?

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answered on Nov 26, 2021

There is no time limit. This is the government! You just have to wait until they respond. The squeaky wheel gets the grease. Your lawyer should be calling and or faxing and or emailing them on a regular basis so that they get tired of hearing from him or her.

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1 Answer | Asked in Car Accidents for New York on
Q: I got into a car accident due to a manhole in nyc with no cover. What do i do now?

The accident occurred in october 2020, i submitted 2 auto body quotes, made a police report, and walked in person to assure that everything was done correctly, i received a letter the beginning of this year that they are still investigating even though there were 3-4 of us who hit that manhole in a... View More

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answered on Jun 26, 2021

Lawyer up quick! Your statute of limitations is only 1 year and 90 days, and you were supposed to file a notice of claim within 90 days of the incident. Your lawyer can make a motion to late-file the 90-day notice of claim, but if you blow the statute of limitation, your goose is cooked!

3 Answers | Asked in Personal Injury for New York on
Q: If I’m injured in a motorcycle trading school Are they responsible for my medical
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answered on May 13, 2021

Only if they negligently caused your injuries.

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2 Answers | Asked in Car Accidents for New York on
Q: I'm New York state, what happens if someone pulls up to close too me when I'm at a red light, and I roll back into them?

I'm New York state and this is just a hypothetical: what happens if someone pulls up too close to me when I'm at a red light, and I roll back into them (I'm driving a manual car.)

Currently I have STUDENT DRIVER and ROLLBACK WARNING, STAY BACK stickers on the vehicle.

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answered on May 9, 2021

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2 Answers | Asked in Car Accidents for New York on
Q: I was in a car accident as a kid but never received the settlement. How can I find record of the terms in NYS ?

I’m 46 now but was told when I was 10 yrs old this happened. I know the city and county but no record of anything in my name .

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answered on Apr 7, 2021

If you know the county where the settlement happened, and more or less the year, call the county clerk and explain the problem. Since you were a child, the case could not be settled without a court order. There must be a record in the count clerk’s office.

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3 Answers | Asked in Animal / Dog Law, Personal Injury and Employment Law for New York on
Q: Do I have a right to defend myself, against a dog; If it attacks me in NY state?

I AM NOT, a violent person, and I DID NOT, hurt this dog! I was at work, and a customers dog was off the leash. A Big mastiff, type of dog! Im trying to work, and this dog is circling the shop, growling, and barking at me. I value my own life, and safety over this dogs! The day before, I asked this... View More

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answered on Jan 30, 2021

Yes you do! But just as when a human attacks or threatens you, it has to be a REASONABLE response. If the dog merely barks at you, you can't cut him to shreds for pure amusement. But reasonable measures, such as beating him back with a stick or something, absolutely.

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3 Answers | Asked in Car Accidents for New York on
Q: I was a pedestrian hit by pickup truck in a shopping center parking lot I was walking in crosswalk when I was struck

Evidence is on video. I reside in The state of New York. What $ is my case worth before I proceed

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answered on Jan 29, 2021

Depends on your injuries.

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4 Answers | Asked in Personal Injury for New York on
Q: Can we sue the state for a drain cover that's slightly protruded from the ground?

My mother in law tripped over it and fell on her face, she got pretty bruised up. She said she almost tripped on it on a separate occasion as well. She ended up in the hospital with major bruising on her face. Is there anything she could do about it?

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answered on Jan 18, 2021

Yes, can sue for it, but you will not find a lawyer to take this for “bruises” . The costs of bringing the case would be too high and the likely compensation too low.

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1 Answer | Asked in Legal Malpractice for New York on
Q: The Lawyer settled without my knowledge and or consent.

Have not signed papers, did he or she violate their fiduciary responsibility to me, and how would they be disciplined. Do I have to submit a complaint to the Grievance committee before or after I sign the petition? Please give me an answer to submitting the complaint to the Grievance Committee,... View More

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answered on Dec 24, 2020

Well, in New York, the case is not "settled" until you sign a release. So don't sign! Then the case is not settled. If your lawyer will not ask for what you really want in settlement, then get another lawyer to take over. You can go to trial on the case instead of settling.

3 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: I stood in a psychiatric facility and was assaulted by another patient twice due to the negligence of staff members.

Staff advised that the patient would be no where near me and would be assigned someone to watch her at all times however, she was still able to attack me again the following week. I needed the visit the Emergency Room once and the second time treated in house. Would I be able to sue the facility... View More

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answered on Oct 20, 2020

Yes you can sue, but whether you would win the case depends on the facts: How much security did they provide, how much COULD they provide, etc. Also unless you are seriously injured, unlikely any lawyer will want to get involved. Finally, if this case is against a municipal or state run... View More

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1 Answer | Asked in Personal Injury for New York on
Q: Is my personal injury settlement money exempt from bank garnish or money judgment?
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answered on Jun 10, 2020

No, not at all.

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