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Questions Answered by Tim Akpinar
2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Do I have a case under continuous treatment if my surgeon doesn't assist further?

I have H.O.D., a rare disease caused by complications from emergency surgery in 2019, resulting in a CSF leak (cerebrospinal fluid) and pseudomeningocele (a collection of cerebrospinal fluid), which is clearly written in my reports. Since then, I've been bedridden. I left AMA (Against Medical... View More

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2025

I'm sorry for your ordeal with this matter. From a textbook standpoint, you could make that argument under the continuous treatment doctrine. However, from a practical standpoint, many law firms are not enthusiastic about relying on the doctrine in settings that extend beyond the statute of... View More

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2 Answers | Asked in Probate and Insurance Defense for New York on
Q: Can an executor with beneficiary permission handle an estate-related insurance claim pro se in NY?

As the executor of an estate, I have the verbal permission of all beneficiaries to represent the estate pro se in a case concerning an insurance claim related to the estate. The case has already been filed, and there are no disagreements among the beneficiaries regarding my handling of this case... View More

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2025

I handle insurance matters, but not probate and estate matters. However, you posted a week ago and your question straddles both categories. It could be worth considering a consult with your attorney handling the estate to review your arrangements. Depending on the amount and importance of the... View More

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3 Answers | Asked in Banking, Civil Litigation and Social Security for New York on
Q: How to obtain legal representation to access account info related to a settlement in NY?

As an infant, I was involved in a legal case where Stewart T Schantz and Franklyn Engel represented and won a settlement due to an accident that killed my mother and injured me in Ulster County and Poughkeepsie, NY, between 1985-1995. I'm currently facing a significant hardship, and banks... View More

Tim Akpinar
Tim Akpinar
answered on Mar 22, 2025

I'm sorry about your tragic accident. Try to find information about the file for your award as an infant. In New York, awards for infants involve hearings before judges and infant compromise orders - if you could track down that paperwork, it should be helpful to the bank in ascertaining your... View More

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2 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Kansas on
Q: Civil lawsuit filed against me for accident with company vehicle; both company and personal insurance have full coverage. Should they handle it?

I was involved in an accident with a company vehicle. A civil lawsuit was filed against me, but the company vehicle had full coverage insurance, and I also had my personal full coverage insurance. I received the lawsuit yesterday and wonder if the company or the insurance companies should handle... View More

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2025

A Kansas attorney could advise best, but your question remains open for a week. I'm sorry about your accident. I hope all involved are okay. Since insurance follows the vehicle, the logical starting point here appears to be with your company vehicle's policy. Your post does not mention... View More

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1 Answer | Asked in Car Accidents, Consumer Law and Insurance Defense for Florida on
Q: Received $1800 invoice for damage after rear-ending a rental car.

I was driving a rental car and rear-ended another driver who was also in a rental—specifically, a loaner from a dealership. The damage appeared minimal at the time, and we exchanged information. Recently, I received an invoice for $1800 from a body shop regarding the other driver's vehicle.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 21, 2025

A Florida attorney could advise best, but your question remains open for a month. I'm sorry about your accident. I hope all involved are okay. A starting point could be to review the terms of your rental and what it covers in terms of property damage. Based on the facts the post, it isn't... View More

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Nevada on
Q: My job is having me taking care of electrolyte waste, toxic waste, flammable liquid, flammable solid, aerosol flammable

My job is having me taking care of electrolyte waste, toxic waste, flammable liquid, flammable solid, aerosol flammable gas, cathode slurry, anode slurry, phosphoric acid solution, UN1805, UN3175, UN2924, UN3077, xylene, UN2811, etc. I am doing all this job without proper PPE, without proper... View More

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2025

A Nevada attorney could advise best, but your question remains open for a week. Those are some nasty substances you're dealing with. Some of the things you mention are general headings for waste streams, but they can pose health risks, depending on their concentrations and your level of... View More

1 Answer | Asked in Gov & Administrative Law for New York on
Q: How to change my last name as an adult in New York?

I'm an adult looking to change my last name. What is the process I need to follow?

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2025

The family law and administrative law attorneys here know this area best. However, you await a response for two weeks. Here is some basic information from the NYS Unified Court System website... "Name Change Basics"

https://nycourts.gov/courthelp/NameChange/basics.shtml...
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1 Answer | Asked in Car Accidents and Personal Injury for Ohio on
Q: Who is responsible for car damage caused by plastic debris on the highway?

I encountered a big piece of plastic on the highway today, which caused damage to my car. I've already filed a police report regarding the incident. Who is responsible for the property damage in this situation?

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2025

An Ohio attorney could advise best, but your question remains open for a week. It could be argued as the responsibility of the owner or the transporter. In some instances, possibly the responsibility of the applicable DOT. However, these are difficult claims in general. A common response is usually... View More

2 Answers | Asked in Gov & Administrative Law, Civil Litigation and Personal Injury for Indiana on
Q: Should I ask for more compensation in my Tort Claim against the city for sewer damage?

I live in a town where the city neglected the sewer main by my house, causing sewage to flood into my finished basement. A plumber confirmed that the issue was solely the city's responsibility, and the city was fixing the problem in a neighbor's yard when the plumber verified with them... View More

Tim Akpinar
Tim Akpinar
answered on Mar 20, 2025

My colleague raises excellent points. You may want to discuss this with local attorneys to help you make the best decision. As between pursuing through your insurance or a municipality, while both present their share of challenges, city-based claims are often more difficult. Also be mindful of the... View More

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1 Answer | Asked in Arbitration / Mediation Law and Small Claims for Florida on
Q: Seeking small claims mediation representation in Florida.

I'm involved in a small claims case where the defendant and I have agreed to settle through mediation scheduled for April 3rd, 2025. I'm seeking legal representation for the mediation process. Can you advise on how to find a suitable lawyer?

Tim Akpinar
Tim Akpinar
answered on Mar 18, 2025

A Florida attorney could advise best, but your question remains open for over a week, and April 3rd is right around the corner. You've probably already been searching on your own by now. You could supplement your efforts with the "Find a Lawyer" tab above or the attorney referral... View More

1 Answer | Asked in Car Accidents and Insurance Defense for South Carolina on
Q: How long for a settlement after non-injury, not-at-fault rear-end collision?

I was involved in a rear-end collision a while ago where I was not at fault and there were no injuries. A police report was filed, and I have contacted both my insurance company and the other party’s insurance. All necessary paperwork has been submitted, including ongoing negotiations. How long... View More

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2025

A South Carolina attorney could advise best, but your question remains open for a week. I'm glad no one was injured here. Given the facts you present (no injuries, rear-end collision), it sounds like a straightforward claim that shouldn't encounter delays. If there is a dispute in how the... View More

1 Answer | Asked in Insurance Defense, Personal Injury and Contracts for Kansas on
Q: Is Progressive Insurance obligated to cover full repair costs for a crash into my building?

I own a commercial building where a non-impaired driver crashed into the exterior wall. The repair cost for the wall and window is estimated at $13,000. The driver's insurer, Progressive Insurance, acknowledges their policyholder is at fault but is offering only $10,000, citing actual cash... View More

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2025

A Kansas attorney could advise best, but your question remains open for a week. You raise a good point, and your question is valid - we're not talking about cash value of a vehicle - the claim at hand involves property damages to a building. A local attorney could advise best about the... View More

3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Prolonged tourniquet use caused permanent damage; legal advice?

Several months ago, during a routine medical procedure in New York, a tourniquet was applied to my arm and left on for over 3 to 4 hours. Standard medical protocol, especially for patients on blood thinners like myself, limits the application of a tourniquet to no longer than 2 to 3 minutes. Due to... View More

Tim Akpinar
Tim Akpinar
answered on Mar 14, 2025

I'm sorry this happened to you. In terms of guidance, your best starting point could be to reach out to attorneys to discuss. Based on the quality and detail level of your post, that's something you likely already knew. If a law firm expressed interest in exploring the matter further for... View More

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1 Answer | Asked in Medical Malpractice, Civil Litigation and Products Liability for Mississippi on
Q: Inquiry about potential class action lawsuits related to Watchman procedure device migration.

I had the Watchman procedure on 04/10/2022 at the Baptist Hospital in Jackson, MS, and it was not successful as the device migrated. My doctor considered its removal but decided to wait six weeks to check it again. It hadn’t migrated further, but I remain concerned and cautious, especially with... View More

Tim Akpinar
Tim Akpinar
answered on Mar 13, 2025

A Mississippi attorney could answer best, but your question remains open for a month. The name does come up in searches, but you would need to research more closely if the context is related to recalls, litigation, or other. Check online, and look into whether product liability law firms handling... View More

1 Answer | Asked in Employment Law and Health Care Law for New York on
Q: Facing potential disciplinary action due to staffing issues as RN.

I am a charge RN facing potential disciplinary action, possibly including firing or impacting my license, due to a recent incident of failure to rescue, where a patient went into cardiac arrest. The situation was exacerbated by chronic short staffing, lack of senior staff, and equipment... View More

Tim Akpinar
Tim Akpinar
answered on Mar 12, 2025

I'm sorry you are in this predicament. You post under "Employment" and "Health Care," and it would be best for the experienced employment law attorneys here to advise you. But your post remains open for a week, and time could be of the essence in proactively bracing for... View More

3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Brain surgery complications and avoidance by surgeon, potential case inquiry.

In 2019, I had emergency surgery to remove a brain bleed, which led to complications. Now, I'm bedridden and compromised, yet the surgeon responsible is not mentioned in my reports and has been avoiding my attempts to seek follow-up care. The surgeon's office has repeatedly made excuses,... View More

Tim Akpinar
Tim Akpinar
answered on Mar 12, 2025

I'm sorry for your ordeal in this matter. You ask if you have a case. It could be difficult for attorneys to answer your question meaningfully and reliably, based on the limited facts here. Law firms will need to know more about the surgery-related complications you mention. Law firms will... View More

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3 Answers | Asked in Personal Injury, Nursing Home Abuse and Wrongful Death for New York on
Q: How can I legally proceed against NYC-based organization for assisted housing negligence?

I believe the organization financing and overseeing an assisted housing facility in NYC is liable for negligence that contributed to my mother's death. The facility neglected infection and COVID-19 precautions, dehydration, unattended falls, and cleanliness, resulting in severe health issues.... View More

Tim Akpinar
Tim Akpinar
answered on Mar 11, 2025

I'm very sorry for the loss of your mother and the other two victims here. If I were to emphasize a key point here, it is that you must act promptly. If you are dealing with public agencies, that generally involves notice of claim requirements - please consult with an attorney without further... View More

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2 Answers | Asked in Arbitration / Mediation Law, Legal Malpractice and Civil Litigation for New York on
Q: Attorney suing for $100k in NYC after $150k retainer for unheld trial; need defense for overstated fees.

I had an attorney who provided services for me in San Francisco federal court under Pro Hac Vice. His law firm, based in NYC, requested and received a $150,000 trial retainer, but the trial never took place. Now, they're suing me for approximately $100,000 more in the New York City Supreme... View More

Tim Akpinar
Tim Akpinar
answered on Mar 10, 2025

You may want to consider reviewing the retainer and other possible documents with an attorney experienced in such matters - most attorneys will want to see your paperwork before advising meaningfully. More fundamental than your dispute about the number of hours (or a debate about the reasonableness... View More

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2 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Georgia on
Q: Received $15,000 lawsuit demand after minor fender bender, no injuries reported. What to do?

My son was involved in a minor fender bender two weeks ago, resulting in a scratch on our car and some cosmetic damage (headlight knocked out and a bumper dent) to the other vehicle. He received a warning ticket for failure to yield right of way, with the police report stating no injuries. While we... View More

Tim Akpinar
Tim Akpinar
answered on Mar 15, 2025

Your insurance carrier is probably setting up a claim, if it hasn't done so already. It sounds like it's only a letter at this point. You probably already did so, but if you haven't, turn the letter over to your insurance carrier after making a copy for your own files. If the matter... View More

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3 Answers | Asked in Personal Injury, Civil Litigation and Consumer Law for Texas on
Q: Can I sue Spirit Airlines for emotional distress after a turbulent flight to Dallas?

I was on a Spirit Airlines flight to Dallas, Texas, where we experienced extremely strong winds. The pilot attempted to land twice but couldn't due to worsening winds, causing the plane to shake violently. We diverted to Houston, stayed for a few hours with a new pilot, and made another... View More

Tim Akpinar
Tim Akpinar
answered on Mar 8, 2025

I believe most law firms would be reluctant to consider such a case. I'm sorry for your stressful experience, but based on the brief facts, I don't see the requisite standard giving rise to an emotional distress claim. Commercial airliners do encounter very localized weather conditions... View More

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