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 .
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 »
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
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?
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 »
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 »
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 »
No, not at all.
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 »
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?
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.
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
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.
Yes, you can be sued. Defamation.
- 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 »
Yes, they can come after him, but whether they can come after his “business” too depends on how it is set up.
Email me at bersani@michaels-smolak.com. Tell me about your case. I’ll see if I can help you.
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
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 »
I believe he was speeding there’s was no way for me too see or spot the car
It depends. You may both be at fault. It depends on exactly where the collision happened in the intersection, and who started turning first.
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 »
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 »
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.
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.
