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Questions Answered by Michael Bersani
1 Answer | Asked in Legal Malpractice for New York on
Q: How do I I know if I have a legal malpractice suite against my attorney. He admitted he “ dropped the ball”

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

Michael Bersani
Michael Bersani 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 standard of care for... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for New York on
Q: i was assaulted by a famous photographer, and want to share my story online. i have no solid evidence. can i be sued?

i have no photo evidence and no police or medical report. the photographer claims nothing happened.

Michael Bersani
Michael Bersani answered on Aug 28, 2019

Yes, you can be sued. Defamation.

3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: wrongful death auto car accident lawsuit

- 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 »

Michael Bersani
Michael Bersani 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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2 Answers | Asked in Car Accidents for New York on
Q: Hi I am Sadaat, I have a Auto vehicle case in Onondaga county , I need a trial Attorney, Pls provide contact no
Michael Bersani
Michael Bersani answered on Aug 19, 2019

Email me at bersani@michaels-smolak.com. Tell me about your case. I’ll see if I can help you.

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2 Answers | Asked in Personal Injury for New York on
Q: : hit the button to stop my SUV liftgate (hatch). But it closed and smushed me. I have injuries, concussion, neck & back

The gate was closing and the button didn’t work and kept closing me in on it. Manual states that if I hit button it will stop. It further states that if it detects something it will stop. It did not stop and my head was smushed between gate and taillight - I have a small cut on my head from it

Michael Bersani
Michael Bersani answered on Aug 5, 2019

Product liability cases are extremely expensive. Your lawyer (if you find one willing to take your case) will have to hire an expensive engineer to study the cause of the failure. Your injury is not worth the cost. Generally, products liability cases have to be significant, serious injuries, to be... Read more »

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2 Answers | Asked in Car Accidents for New York on
Q: Hi I was in a auto collision I was turning left on a yellow light and so was the car who collided Who’s at fault ?

I believe he was speeding there’s was no way for me too see or spot the car

Michael Bersani
Michael Bersani answered on Aug 1, 2019

It depends. You may both be at fault. It depends on exactly where the collision happened in the intersection, and who started turning first.

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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 »

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