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Questions Answered by Tim Akpinar
2 Answers | Asked in Civil Rights, Libel & Slander, Civil Litigation, Internet Law and Personal Injury for New York on
Q: Can a streamer instructing their audience to dox and call CPS be grounds for legal action?

An online streamer instructed their audience to use facial recognition software to find information about a person and contact child protective services to remove that person's children. The individual was doxxed online, but it is unclear if CPS has acted. The involved parties were previously... View More

Tim Akpinar
Tim Akpinar
answered on Jul 13, 2025

It's possible they could be grounds for legal action. The doxxing and privacy issues aside, an attorney would likely want to know additional details about the nature of statements. If the statements were false, whether or not CPS aced upon them, could give rise to defamation claims. That would... View More

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4 Answers | Asked in Libel & Slander and Personal Injury for New York on
Q: Can I be sued for posting a censored screenshot of a group member's post?

I was part of a university group assignment in New York City with three people, but one member didn’t participate. I commented on his post saying he didn’t work, but he deleted my comments. I then took a screenshot and posted it on my Moments, with his name, profile picture, and face photo... View More

Tim Akpinar
Tim Akpinar
answered on Jul 8, 2025

From a textbook standpoint, a case for defamation could generally be argued if the communication about the victim was false (and known to be false, or should have been known to be false), was published to third parties, and the victim suffered harm. If the statement was false, but the victim's... View More

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3 Answers | Asked in Criminal Law and Civil Litigation for New York on
Q: Accused of hitting someone with my phone, phone held as evidence, going to court. What to do?

I have been accused of hitting someone with my phone, but I did not hit them. The authorities have taken my phone as evidence and are not releasing it. I have provided my side of the story to the police, but I am now required to go to court. Can you explain why my phone is being used as evidence,... View More

Tim Akpinar
Tim Akpinar
answered on Jul 7, 2025

Your post straddles two categories, "Criminal Law" and "Civil Litigation." From the standpoint of civil litigation, it is possible that the alleged victim could claim the tort of battery, an unlawful and intentional touching that results in harm (even if indirectly, through an... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Nevada on
Q: Can I sue my mom for an accident 10 years ago that required surgery and is now causing issues?

I was in a car accident 10 years ago, which my mom is liable for, and required serious surgery. I had hardware installed, including 4 screws in my pelvis, a screw in each hip, and 2 metal rods with 12 screws in my forearm. My mom said she requested that compensation be put towards medical bills,... View More

Tim Akpinar
Tim Akpinar
answered on Jul 5, 2025

A Nevada attorney could advise best, but your question remains open for almost two weeks. I'm very sorry about the serious injuries you received in this accident. Your rights will depend on how the case was concluded. If you were a minor, it's likely that a special court proceeding would... View More

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2 Answers | Asked in Car Accidents, Personal Injury and Real Estate Law for Georgia on
Q: Can I sue for accident due to lack of street dividing lines causing vehicle damage and injury?

I was involved in an accident due to a street that did not have clear lines dividing it, which led to my vehicle being damaged and me sustaining injuries to my head, neck, and shoulder. I have received medical treatment for these injuries. There were no traffic signs or signals near the accident... View More

Tim Akpinar
Tim Akpinar
answered on Jul 11, 2025

Until you consult with Georgia attorneys who could advise definitively on state-specific vehicle & traffic law and DOT regs, the short answer in most jurisdictions is that it would depend on context. That would mean evaluating the type of road, where you were located, where the other vehicle... View More

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2 Answers | Asked in Contracts and Civil Litigation for New York on
Q: Can I get in trouble for donating my ex's clothes he wants back?

I've been holding onto my ex-boyfriend's clothes that he gave me to keep, but after we broke up, he asked for them back over text. I asked when I could drop them off, but I'm considering donating them without his knowledge. Could I get into legal trouble for donating them?

Tim Akpinar
Tim Akpinar
answered on Jul 5, 2025

You don't want to do that. Let him have his clothes back. Otherwise, yes, you can get in trouble. You could be accused of conversion, the wrongful act of interfering with personal property of another. The fact that the clothes are donated to a good cause, or that they are no longer in your... View More

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2 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Ohio on
Q: What recourse do I have if the other driver in an Ohio accident has no liability insurance?

I was involved in a parking lot accident in Ohio where the other driver backed into me. I have full coverage insurance, but the other driver's insurance company claims there is no liability insurance on their part and are investigating this matter. Although the police were present, they... View More

Tim Akpinar
Tim Akpinar
answered on Jul 7, 2025

I'm sorry about your accident. If you have full coverage and your carrier handles damages, your carrier might then pursue the payment from the other driver, if it turns out they are liable, which seems to be the case, based on the findings of the police who responded. If your carrier has not... View More

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2 Answers | Asked in Contracts, Civil Litigation and Arbitration / Mediation Law for Iowa on
Q: Contractor used wrong paint, seeks refund per contract terms.

I hired a painting contractor to paint my home's exterior, and our signed contract specified a specific type of paint to be used. However, the contractor used a different paint, claiming it is just as good, and refuses to issue a refund. The contract includes clauses about unauthorized... View More

Tim Akpinar
Tim Akpinar
answered on Jul 8, 2025

The first step could be to try to discuss with contractor, in terms of whether both of you are amenable to an adjustment based on the discrepancy in paint quality. If that is not successful, then it would depend on your agreement's provisions on dispute resolution - arbitration, civil court,... View More

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2 Answers | Asked in Estate Planning and Banking for Hawaii on
Q: Power of attorney check deposit process at Navy Federal Bank.

I hold a specified financial power of attorney for someone who is currently out of the country and need to deposit a check into their Navy Federal account. Do I need to sign the check in person at the bank with the power of attorney paperwork, or are there alternative methods for depositing it?

Tim Akpinar
Tim Akpinar
answered on Jun 30, 2025

A Hawaii attorney could advise best and should have first opportunity to answer your question, but you await a response for a week. In POA settings involving banks, I have presented checks that were already indorsed on behalf of client without difficulty - the primary concern was that banks were... View More

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2 Answers | Asked in Gov & Administrative Law, Health Care Law and Employment Law for Michigan on
Q: Is the mandatory respirator questionnaire enforceable if I decline fit testing?

I'm employed by a local health department in Michigan, where we are required to complete a "mandatory" OSHA respirator medical evaluation questionnaire, even if we wish to decline being fit for a respirator. Even upon declining, I'm asked to sign a statement acknowledging the... View More

Tim Akpinar
Tim Akpinar
answered on Jun 30, 2025

A Michigan employment attorney could advise best, but your question remains open for two weeks. This is very specific and very technical - it's possible industrial hygienists involved in OSHA certifications could be closer to these types of settings than attorneys. As a general point, until... View More

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2 Answers | Asked in Medical Malpractice, Wrongful Death and Personal Injury for California on
Q: Can a doctor be held accountable for a suicide related to a malpractice case?

My mother underwent gallbladder removal surgery, which lasted 4 hours due to uncontrollable liver bleeding. She was transferred 350 miles away via ambulance five days later and died 12 hours after the transfer. My sister went to my mother's house yesterday to clean her room, and after leaving,... View More

Tim Akpinar
Tim Akpinar
answered on Jul 11, 2025

I'm so sorry for your losses. The loss of your sister could be difficult to pursue, despite its undeniable and profound emotional impact. As my colleague correctly states, the analysis hinges on foreseeability in tort law, which is the line of reasoning that injury and med mal cases apply. In... View More

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3 Answers | Asked in Car Accidents, Criminal Law, Civil Rights and Personal Injury for Virginia on
Q: Questioning by troopers in Virginia while high and injured in truck accident.

In Virginia, I was involved in a truck accident and sustained internal bleeding. I was questioned by state troopers at the scene while high, without being read my rights, and was then airlifted to a hospital. I was not arrested at the time. Is this questioning lawful, and how might it impact my... View More

Tim Akpinar
Tim Akpinar
answered on Jun 29, 2025

Virginia attorneys could advise best and should have first opportunity to answer your question, but you posted yesterday, and someone should give you a heads up before you continue posting throughout the week on any public forums with statements such as being high. Attorneys you reach out to... View More

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2 Answers | Asked in Contracts and Civil Litigation for New York on
Q: Can I sue to recover $2,000 lent to someone in NY?

I live in CT and lent $2,000 verbally over the phone to someone who lives in NY on May 22, 2025. I have not received any repayment, and the person is not responding to my calls or texts, although they are active on social media. I have a screenshot of the bank statement showing the transaction. Can... View More

Tim Akpinar
Tim Akpinar
answered on Jun 29, 2025

You can. The more evidence you have of a written nature, the stronger a case there is. Verbal promises count for something, but things like written repayment agreements, emails, texts, or bank records are more solid proof. Bank transfer records can still be argued various ways - as a gift, a... View More

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3 Answers | Asked in Personal Injury and Civil Litigation for New Jersey on
Q: Concerns about lack of IME/deposition in personal injury case and summary judgment implications.

I am involved in a personal injury case where I have been discharged from all my doctors, and my medical records are being collected. However, I have not had an Independent Medical Examination (IME) or a deposition yet. I am concerned about how the lack of these might affect my case. Additionally,... View More

Tim Akpinar
Tim Akpinar
answered on Jun 28, 2025

It's anyone's guess as to why an independent medical exam (IME) has not been scheduled. If the carrier doesn't schedule an IME, that isn't your problem. If they schedule one and you don't attend, that is a problem. That can do serious damage to your case. As far as... View More

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2 Answers | Asked in Health Care Law, Insurance Bad Faith and Personal Injury for Tennessee on
Q: Did case manager's misinformation delay care for my mother after cerebral hemorrhage?

My mother suffered a cerebral hemorrhage and was hospitalized for a week. The hospital's doctor and case manager recommended an inpatient facility for her off dexterity and balance issues. We selected a facility that was said to be within her insurance network, but her application was denied.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 28, 2025

A Tennessee attorney could advise best, but your question remains open for two weeks. I'm sorry about your mother's ordeal. This will probably require investigation to validate the basis of denials, both from the case manager and insurance carrier. If the facility was truly out of... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Exploring legal options for potential medical malpractice aftermath from epidural.

I gave birth on June 2, 2024, and during the epidural procedure, my fiancé was allowed to hold my arms, but he collapsed during the insertion of the needle, causing immediate pain. The anesthesiologist blamed the difficulty on my back being curved, which later scans proved was not the case. My... View More

Tim Akpinar
Tim Akpinar
answered on Jun 27, 2025

I'm sorry for your delivery-related ordeal. In analyzing the details of your post, the role of the collapsing of your fiancé during insertion of the needle isn't fully clear in terms of its relevance. At any rate, in such a complex setting, the opinion that ultimately counts is that of... View More

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2 Answers | Asked in Estate Planning, Business Law and Insurance Defense for Massachusetts on
Q: Will using my maiden name affect collecting life insurance or stocks?

I've kept all of my beneficiary forms under my maiden name, which has not been changed to my married name. This includes my husband's life insurance and Fidelity stock accounts. I dropped my middle name, made it my maiden name, and took his last name. Although I possess my marriage... View More

Tim Akpinar
Tim Akpinar
answered on Jun 25, 2025

A Massachusetts attorney could advise best, but your question remains open for two weeks. It could depend on the carrier. I've seen carriers require re-completion of forms due to variations between legal birth names and regularly used names. There's no guaranteed prediction in how a... View More

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3 Answers | Asked in Animal / Dog Law and Personal Injury for Illinois on
Q: Am I liable if my dog jumps on someone after warning them not to approach in Illinois?

In Illinois, while I was walking my dog on a leash, I informed someone not to approach because my dog is in training. Despite my warning, they approached anyway, and my dog jumped on them. My dog has never shown aggressive behavior before. Am I liable for my dog's actions in this situation?

Tim Akpinar
Tim Akpinar
answered on Jul 2, 2025

Generally, yes. But it can also be fact-specific - radius of dog's tether, person affirmatively approached or simply had nowhere else to pass, manner in which you tried to warn off, etc. In some cases, the person's conduct could be deemed contributory. Luckily, the damage sounds like it... View More

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2 Answers | Asked in Admiralty / Maritime for Texas on
Q: What does 'International Traffic' mean in maritime law regarding ship movement and regulations?

I am seeking a deeper understanding of the term "International Traffic" in maritime law, specifically regarding its legal implications and applications in shipping operations. How does this term relate to the movement of ships, and what types of ships are included? Additionally, what... View More

Tim Akpinar
Tim Akpinar
answered on Jun 24, 2025

One way to look at international traffic is commerce between different nations. There are volumes written about the subject you mention, covering things from territorial waters to economic exclusion zones to fisheries enforcement. In terms of the movements of vessels, this is governed by navigation... View More

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3 Answers | Asked in Libel & Slander, Constitutional Law and Personal Injury for New York on
Q: Are there legal issues for false tombstone inscriptions in New York?

I live in New York and I'm considering inscribing a tombstone with information known to be incorrect, such as stating the deceased was a former mayor even though they had no connection to public office. The cemetery does not have specific rules regarding the accuracy of inscriptions. Are there... View More

Tim Akpinar
Tim Akpinar
answered on Jun 23, 2025

Out of deference and sympathy to the deceased, I don't think anyone would object, unless an inscription was made for nefarious purposes with the intent of defrauding, misleading, deceiving, a person, creditors, an organization, or authorities. Many inscriptions have tongue in cheek messages,... View More

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