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... Read more »
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... Read more »
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?
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... Read more »
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
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... Read more »
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?
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.
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... Read more »
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!
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.
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 .
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.
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... Read more »
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.
Evidence is on video. I reside in The state of New York. What $ is my case worth before I proceed
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?
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.
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,... Read more »
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.
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... Read more »
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... Read more »
My truck is only worth 5500.00. It has plow a plow frame that is permanently installed and without it I can not use the plow. The insurance company will pay for the plow frame but to have a new one installed on a new truck is an expense they say that are not responsible for. Isn't the at... Read more »
answered on Jun 2, 2020
The case is too small to get a lawyer involved. Sue the driver/owner of the at-fault vehicle in SMALL CLAIMS court. It's just about free and you don't need a lawyer. The insurance carrier will be required to "defendant and indemnify" its insured in Small Claims. Show your... Read more »
I couldn't fully type the question above but I want to know if the hairdresser is liable if the actual color causes hair damage or personal injury (not coronavirus). Can we have them sign a waiver that would exempt us from being held liable?
answered on Mar 25, 2020
It depends on where you live, what’s the executive order or rule is regarding this, and whether you got the coronavirus and Got sick or died, and whether you can prove that this was caused by the product you purchased.
All the local agencies and state agencies knew of impending weather, but there were no salt trucks out. On this one section of highway there 8 vehicles that had slid of or had some kind of accident. How do I put a claim in against NYS for the highway not being properly maintained.
answered on Feb 10, 2020
That's a State road, so you would have to file a "notice of intention to file a claim" or else a "claim" against the State of New York within 90 days of the accident. If you are late filing, it is a problem, but the problem can probably be overcome if too much time does... Read more »
He is on a 1 year ACD with the judiciary courts now. And has been found guilty of negligence of 5 other cases by doing exactly as he did to me
answered on Oct 2, 2019
If he "dropped the ball" it COULD mean he malpracticed the case. To commit legal malpractice in New York you need to show that (1) the lawyer did or failed to do something which constitutes a "mistake", which is defined as an action or failure to act that falls below the... Read more »
i have no photo evidence and no police or medical report. the photographer claims nothing happened.
- Mr.A got into an auto car accident and a pedestrian got killed unfortunately
- lawsuit of wrongful death lawsuit is brought against Mr.A.
- if the case is settled for X amount and still the balance is remained after insurance payment, can they come after Mr.A's business for... Read more »
answered on Aug 20, 2019
Yes, they can come after him, but whether they can come after his “business” too depends on how it is set up.
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