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Questions Answered by Michael Bersani

3 Answers | Asked in Car Accidents for New York on

Q: I was hit by a county plow While sitting at a stop sign will they pay for my vehicle to be fixed

Michael Bersani answered on Jun 11, 2019

It depends. If the plow was actually engaged in work on the highway, then you would have to prove they were “reckless” in order to hold them liable. But if it was not engaged in highway work, you will have to show only that they were “negligent” in causing the accident. You should try to... Read more »

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1 Answer | Asked in Personal Injury for New York on

Q: can the plaintiff in NYS toxic tort case contact the medical examiner that their lawyer uses ?

my toxic tort lawyer NYS has done basically nothing - didnt even have the professional mold assesment done in my home that she promised 10 times to do albeit i am still living with high levels of toxic mold and my health is deteriorating. I happened upon the same medical examiner that she uses on... Read more »

Michael Bersani answered on Jun 9, 2019

Sure, but you are to ask your lawyer first. There should be no reason for you to contact him directly. You should work through your lawyer.

3 Answers | Asked in Personal Injury and Wrongful Death for New York on

Q: My son got hit by a car he’s brain-dead what do I do how do

Is the first time in this kind of situation what do I do do I should as the driver who hit my son or the other Driver that hit him the second time

Michael Bersani answered on Feb 21, 2019

So sorry about this awful accident. You need to reach out to a qualified NY State car accident lawyer asap. Your lawyer will investigate (1) liability (who's fault); (2) insurance coverage (there may be some hidden insurance in your own insurance policy besides the insurance provided by the... Read more »

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2 Answers | Asked in Personal Injury for Connecticut on

Q: Are school districts liable for injuries in a gym because of no protection on block walls

Michael Bersani answered on Jan 17, 2019

It depends on how close the walls were to the activity, and what the activity was, and whether there had been prior accidents where such protection would have prevented or diminished injuries.

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3 Answers | Asked in Animal / Dog Law and Personal Injury for Oregon on

Q: A person was bit by our dog on our property while we were out of town. The person was permitted to be on the property.

There were no witnesses to the event and the injury required many stitches but not severe. Dog owners are cooperating and are willing to help financially but with in reason. Dog has never bitten or shown signs of aggression. Many strangers visit property daily. Victim has a history of seeking... Read more »

Michael Bersani answered on Jan 4, 2019

If this happened in Oregon, it is important that you ask your question ONLY to an Oregon personal injury lawyer. You should not accept any answer from a lawyer who is not a licensed Oregon lawyer. Reason: dog bite laws are very different in each State. I know the answer to your question for New... Read more »

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2 Answers | Asked in Personal Injury for Washington on

Q: I had a workplace injury which I am not sure if I can sue after. But I am looking for help, with this.

I was working in McDonalds. For about 4 months starting in July, ending in October. It was my first job, as a 15 year old. I wasn't supposed to be at the fryer, but one of my co-workers asked me to get fries for an order. I followed the instructions and carefuly packed the fried into a bag. But... Read more »

Michael Bersani answered on Dec 27, 2018

Sounds like all you have is a workers comp claim. Can’t sue your employer or coworker because barred by workers comp law.

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2 Answers | Asked in Landlord - Tenant and Personal Injury for Arkansas on

Q: Can I sue the landlord for a tenants dog biting me

I Was Bitten at the end of September the owner of the dog knew the dog was vicious it's not the first time this dog has been somebody I'm like the fifth person is bitten can I sue the landlord for pain and suffering since the tenant has no insurance and it happened on the landlords property

Michael Bersani answered on Dec 21, 2018

In NY, the answer is yes. If the LL knew of the viciousness of the dog and failed to protect the tenants, depending on the precise facts, it is possible to hold the LL liable.

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2 Answers | Asked in Personal Injury for Illinois on

Q: Are stores like Target responsible for the maintenance of their parking lots? I got injured in one due to a shopping

cart that wasn't properly lined up, hit me, and sprained my ankle.

Michael Bersani answered on Dec 18, 2018

Yes target can be held liable for dangerous conditions that it creates or allows it to exist in its parking lots. The problem with your case, however, is that it could just have easily been a customer who left the cart in the dangerous position. You would have to show that the cart had been left... Read more »

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3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Maryland on

Q: Are there specific types of car accidents that require expert testimony? What would be one of those situations where I'd

need to hire one?

Michael Bersani answered on Dec 18, 2018

If it’s a simple case of one vehicle running the red light, or a stop sign, or something where there’s no real dispute who was at fault, you generally won’t need an expert to show liability. If there is a dispute about liability, either side make hal an expert, generally an accident... Read more »

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3 Answers | Asked in Car Accidents for New York on

Q: What if u are parked ... getting out a vehicle

I was stopped @ traffic accident.. when i got hit by another vehicle that almost took my door off.. i had my hazards on.. about to exit

Michael Bersani answered on Dec 17, 2018

In New York, if you exit a parked car, you are required to look behind before you open the door to ensure that no car is going to hit your door as it opens. However, the on-coming vehicle also has a duty to use care in passing parked cars, and not to ride closer to them than necessary. This... Read more »

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2 Answers | Asked in Car Accidents for New York on

Q: What should I do if a rideshare driver hits my car then takes off before I get his/her info?

Michael Bersani answered on Oct 18, 2018

If you have collision insurance, call your own insurer immediately and report it. If you don't, call the police and report it. If you can tell the police the exact time and location of the collision, perhaps the ride-share company can track down which driver was in the area at that time.

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1 Answer | Asked in Legal Malpractice for New York on

Q: Is my first step always to talk to the state bar if I suspect my attorney is violating attorney-client privilege?

Michael Bersani answered on Sep 1, 2018

Not necessarily. You can talk to another lawyer. Or you can contact your county bar association grievance committee in New York. But of course you can also call the New York State Bar association.

3 Answers | Asked in Car Accidents for New York on

Q: What's the penalty for exaggerating injuries caused by a car accident for more insurance money?

Michael Bersani answered on Aug 24, 2018

If you "exaggerate", deliberately, that's lying. If you do it under oath at a deposition or at trial, it is perjury and is a crime. You could have problems with perjury or insurance fraud charges. But this is unlikely. The more direct result will be that you will get caught in a contradiction,... Read more »

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1 Answer | Asked in Legal Malpractice for New York on

Q: What recourse do you have if your attorney misses a filing deadline?

Michael Bersani answered on Aug 10, 2018

You need to consider suing your lawyer. You should carefully watch your filing deadline for that case! It is three years from the date of the missed filing, unless your lawyer continued to represent you on the same matter after that happened, in which case the filing deadline is three years from... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for New York on

Q: When filing a suit against a person/business, is it better to select a firm who already won a case against the business?

Michael Bersani answered on May 8, 2018

Generally, yes. They will have a head start. They will already have "discovery items" (documents they got in the first lawsuit) about the company. They will have likely already deposed the company's main players. They will likely have deposition transcripts they can use.

3 Answers | Asked in Legal Malpractice for New York on

Q: I think my attorney's paralegal drafted my will - is that okay?

Michael Bersani answered on Apr 20, 2018

Yes, as long as the lawyer reviewed and approved it.

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1 Answer | Asked in Products Liability for New York on

Q: Is 40% reasonable for medical device lawsuit claim

Michael Bersani answered on Apr 4, 2018

If you are in New York, the maximum that can be charged is 1/3, and 40% is not allowed (if your case is about a personal injury).

1 Answer | Asked in Legal Malpractice for New York on

Q: Is it allowed under New York bar rules to date the attorney representing you in a personal injury lawsuit?

Michael Bersani answered on Apr 4, 2018

Yes, it is allowable, but not advisable. However, it is not allowed at all if the lawyer is representing the client in a domestic relations matter. Rule 8(j)(1). And it is never permissible to make sexual relations a condition for representation.

1 Answer | Asked in Personal Injury for New York on

Q: should i sign off on a settlement claim for $1100.00 . they want me to sign off on all claims?

i slipped on food at a ponderosa restaurant smashed my face into steam table , cut nose lips slight concussion and whiplash. i missed two days of work. ins co. sent me a release wanting me to settle for $1100.00 this is for pain and suffering and two days i missed from work. this also states by... Read more »

Michael Bersani answered on Apr 4, 2018

You should NOT settle without first checking with a competent New York personal injury lawyer. It may be that your case is too small for any New York personal injury lawyer to want to take, in which case your options are, as a practical matter, limited. Nevertheless, you should at least try to... Read more »

3 Answers | Asked in Personal Injury and Car Accidents for New York on

Q: Do I need to be 18 to create my own affidavit?

I got into a motor vehicle accident and received money in a trust. The judge said that if i needed money for a car when it was time to go to college to go back and he would grant me money. But i need an affidavit and can't afford a lawyer so i am doing it on my own. Do i need to be 18 or can i do... Read more »

Michael Bersani answered on Apr 4, 2018

You can "create an affidavit" when you are under 18, but you can't be a party to a lawsuit, or settle your own claim, unless you are 18. If you are under 18, you will need a parent or guardian to be the party for you (for your benefit) and your parent or guardian will have to apply, with the help... Read more »

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