Get free answers to your legal questions from lawyers in your area.
I have a TFCC tear due to a work injury, and surgery has been recommended. However, I am concerned about the healing process and cannot afford to miss more work, as I've already missed many days due to pain and suffering. Will not undergoing the recommended surgery impact my potential... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 30, 2025
Yes, refusing surgery will likely negatively impact your settlement potential. One of the main things that Insurance adjusters and juries look at to decide how much pain and suffering you experienced is how much treatment you got, and what kind. A surgery always impresses a jury, and an insurance... View More
My son was injured and hospitalized after being hit by a rental car driver in New York. The police report was filed, and he's been in contact with the insurance company. However, due to the Graves Amendment, the insurance company claims he's only entitled to a maximum of $25,000. How does... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 7, 2025
The graves amendment essentially works like this: normally, under New York vehicle and traffic law section 388, the owner of the vehicle is vicariously liable for the negligence of the driver of the vehicle. But when long-term commercial lessor owns the vehicle, the graves amendment kicks in to... View More
I was involved in a motorcycle accident while on my way to work. I was driving behind a car when the driver suddenly made a U-turn, causing me to crash into the car. The police arrived on the scene and filed a report, which accurately states that the car driver was at fault for the accident. I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2025
In New York your rights are limited by the no-fault law, section 5102 of New York’s insurance law. You get your medical bills and your lost income paid by your own car insurance up to $50,000. Anything beyond that you can claim from the at fault vehicle’s insurance, as well as claiming pain and... View More
It was a car accident in queens against DOT, I had surgery .
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2023
You are not liable because you did nothing negligent or careless to cause of this.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
The insurance it only have the insurance code
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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
Lawyers, want to be a Justia Connect Pro too? Learn 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... View 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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn 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!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 13, 2021
Only if they negligently caused your injuries.
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 .
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn 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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2021
Depends on your injuries.
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
