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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
Michael Bersani
Michael Bersani 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.

Michael Bersani
Michael Bersani 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 .

Michael Bersani
Michael Bersani 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... Read more »

Michael Bersani
Michael Bersani 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

Michael Bersani
Michael Bersani 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?

Michael Bersani
Michael Bersani 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,... Read more »

Michael Bersani
Michael Bersani 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... Read more »

Michael Bersani
Michael Bersani 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 »

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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?
Michael Bersani
Michael Bersani answered on Jun 10, 2020

No, not at all.

2 Answers | Asked in Car Accidents for New York on
Q: I was involved in an accident where the other driver was clearly at fault. My car is totaled.

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 »

Michael Bersani
Michael Bersani 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 »

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1 Answer | Asked in Personal Injury for New York on
Q: If a hairstylist sells professional color to a client for at home use during the Coronavirus shutdown, are they liable

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?

Michael Bersani
Michael Bersani 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.

2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: My son was in an accident on Feb 6, 2020 on Route 17 west bound. My question is the weather was very bad rain and sleet

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.

Michael Bersani
Michael Bersani 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 »

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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... 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.

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