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She slammed her door onto my passenger door leaving a dent/scratch the dashcam could not capture her doing that just the sound but it did get video of her pulling in and out of the spot next to me I took pictures of my door and the edge of her door where you can see a little bit of my white paint... View More
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answered on Feb 14, 2025
Really depends on what type of insurance coverage you have. As my colleague correctly advised, if you have collision coverage, you could file a claim with your own carrier. Absent such coverage, however, your only other option would be to bring a lawsuit against the owner / operator of the other... View More
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answered on Feb 17, 2025
As my colleagues correctly advised, it depends. Call up the lawyer who issued the subpoena and ask him or her whether a personal appearance is required. It's possible that you might be able to provide the requested documents and avoid an appearance altogether. Or you might have to appear and... View More
I had a slip & fall on ice on my driveway which led to a physical injury. My landlord has repeatedly left the driveway unplowed & full of ice, where another one of my neighbors fell. I had to plow the entire driveway to get my vehicle out to which I blew my lower back out to today.
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answered on Feb 10, 2025
Sorry to hear what happened to you. Landlords in New York have a legal duty to keep their property in a reasonably safe condition and are responsible for any harm caused by dangerous conditions about which they had notice. The injury to your back was not caused by a dangerous condition, but by... View More
The assault prevented me from doing the job that I was going to that day. I have witnesses, from store, employees and the person who was doing the job with me.The store also has a video of the attack. He hit me in the face with a can of primer which split my nose open. He has been saying slanderous... View More
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answered on Feb 7, 2025
Sorry to hear what happened to you. You can certainly sue the individual for assault. That said, unless he has assets, you might end up with nothing more than a paper judgment. With regard to suing the store for his actions, you'd have to demonstrate that it had knowledge of his bad... View More
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answered on Feb 12, 2025
If the decedent had a Will, the settlement proceeds would be distributed in accordance with the terms of the Will. Absent a Will, the proceeds would get distributed in accordance with New York EPTL § 4-1.1. Thus, if he was not survived by a spouse or children, the proceeds would get distributed... View More
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answered on Jan 31, 2025
Sorry to hear what happened to you. The bar for a negligent infliction of emotional distress claim is relatively high and would not likely be met by the incident you described. That said, you could bring a claim for assault which does not require there to be physical contact, just a threat of... View More
I was walking my dog and being startled I slipped and fell on large area of leaves and debris. As a board member and at meetings I had advised the townhouse association and the managing on several occasions of this recurring problem. After my fall I dislocated and broke with ligament damage the... View More
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answered on Feb 11, 2025
Sorry to hear what happened to you. To prevail in a lawsuit against the townhouse development, you'd have to establish the existence of a dangerous condition about which the development had notice (actual or constructive). Even assuming the development had notice of leaves / debris on the... View More
I slipped and fell dislocating and breaking my wrist with ligament damage. I underwent surgery to repair my wrist whereby two steel plates with screws were broken implanted into my wrist. I am in a cast and will require occupational and physical therapy for several months. My doctor said that I... View More
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answered on Jan 28, 2025
So sorry to hear what happened to you. Property owners in New York have a legal duty to maintain their premises in a reasonably safe condition and are responsible for any harm caused by dangerous conditions about which they had notice. Merely slipping and falling on someone's property without... View More
Facility hosting event is a Moose Lodge. Is it possible state &/or local laws in Town of Huntington/Suffolk County may also extend legal responsibility to 'volunteer' planners of reunion event who rented Moose lodge (where alcoholic beverages will be served as part of the fee to... View More
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answered on Jan 23, 2025
Hard to say without reviewing the terms and conditions of the Moose Lodge's liability policy. It might be easier (and cheaper) to speak with the lodge's insurance broker and ask to have the volunteers added as "additional insureds" under the existing policy. Either way, if the... View More
I was recently in a car accident. I was hit by a DPW worker driving a DPW truck owned by the Town of Brunswick. This driver merged into my lane without signal, and he admitted to myself and the State trooper that he did not check his mirrors. The state trooper then told me that he is at fault for... View More
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answered on Jan 31, 2025
Sorry to hear what happened to you. As my colleague correctly advised, if the Town or its insurance carrier is ignoring you, your only option would to be file a lawsuit for your property damage. Before you can file any such lawsuit, however, you must first file a Notice of Claim within 90 days of... View More
I consumed a cake for a special occasion from a bakery. This is the only item that I consumed which was different from my usual diet in months since I don't eat outside food. I experienced severe abdominal pain which kept increasing in intensity for the next 2 weeks. At that point, the pain... View More
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answered on Jan 13, 2025
Sorry to hear what you're going through. Absent any evidence that the cake you ate was not fit for human consumption or that the bakery failed to disclose ingredients in the cake to which customers are often allergic (such as nuts), there'd be no basis to sue the bakery. Moreover, you... View More
I just found out that my records only go back to Nov 2019 from the patient portal. My botched surgery took place in Oct 2019. This hospital knows they did wrong. My question is, can I request my surgery records from that hospital through the patient portal because I can no longer speak due to my... View More
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answered on Jan 14, 2025
Yes, you can still request your records from the hospital. You'll need to submit a HIPAA authorization, https://www.nycourts.gov/forms/hipaa_fillable.pdf The hospital might charge you a fee to copy your chart ($0.75 per page). As my colleague correctly advised, the statute of limitations on... View More
I received a hereby summoned for a pedestrian accident, in the complaint they claim permanent physical and mental damages that exceed the coverage limit, although I think that is not the case due to the way in which the events were presented, I have already sent the documents for this claim to my... View More
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answered on Jan 13, 2025
As my colleagues correctly advised, there could be many reasons why plaintiff's counsel wants to speak with you. That said, don't speak with them. Anything you say to them can be used against you in the civil lawsuit against you. You've already turned the matter over to your... View More
A pedestrian crossed the street several feet away from the crosswalk during a heavy rain, I called 911 but the pedestrian wanted to leave and I didn't let him and I told him he had to wait because I called for attention, the firefighters arrived and asked him if he felt anything, he said no... View More
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answered on Jan 6, 2025
As my colleague correctly advised, report this matter to the insurance company you had at the time of the incident. It will perform its own investigation of the occurrence, assign counsel to defend you in the lawsuit and pay any judgment entered against you up to the limits of your liability... View More
Can I sue a mirror company that manufactured a mirror that made me go crazy and made me attempt suicide. Carolina mirror produced a wall mirror that was covering the whole wall in my house. As a result of the mirror, I was very unhappy and attempted suicide. Can I sue the carolina mirror company... View More
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answered on Jan 3, 2025
Sorry to hear what you've gone through. Although you may have disliked what you saw in the mirror, you have not described how the mirror itself was dangerous or defective. Rather, the mirror appears to have performed as warranted. As such, the manufacturer of the mirror would not be legally... View More
It was reported that she told someone that she told him to end his life, berated him or harassed him. He lived with her, their relationship was over, they jointly had purchased the home. At the time they were trying to figure out how to how to get out of their living arrangement. Immediately after... View More
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answered on Jan 3, 2025
I'm so sorry for your loss. Although intentionally causing or aiding someone to commit suicide is a crime in New York, absent an underlying legal duty (such as one owed by a psychiatrist, psychologist, etc.), it likely does not give rise to a cause of action for wrongful death.
Emergency surgery after first surgery. Used wound vac, had ostomy bag.
Happened in Buffalo, NY. Currently live in Florida
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answered on Dec 17, 2024
Sorry to hear what happened to your husband. The statute of limitations in New York for medical malpractice lawsuits is 2.5 years from the date of malpractice; or, where there has been continuous treatment for the condition giving rise to the lawsuit, 2.5 years from the last date of treatment.... View More
Saw Dr 1 for a routine procedure to diagnose pain in two areas. After pain worsened and numbness that started when numbing medication was applied for the procedure did not go away after a week. Contacted Dr 1 via messaging who responded w/ no medication to address the pain bad enough to consider... View More
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answered on Dec 16, 2024
I am unaware of any law that prohibits a medical group from providing external referrals. Although in your situation it doesn't sound so much as a refusal to provide a referral as a failure to provide one. Regardless, even assuming the failure to provide a referral constituted a departure from... View More
My case settled 4 months ago and my lawyer has not cleared the lien because they are waiting on a amount from DSS. And i have not received notice by mail of this lien from DSS.
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answered on Dec 9, 2024
There's nothing inherently illegal about leaving the figure blank, especially if your attorney does not know the amount of the lien. If you were a recipient of public assistance, NYS would have a statutory lien against the settlement proceeds which must be paid before the settlement proceeds... View More
In NY, Monroe, couple days ago I hit a side mirror to a man,In my report I said I was using ph one and did not see him. I got GEICO report now where I have to share my story, and my plan is to say that "I was driving north of still road and the pedestrian was walking southeast of Still road.... View More
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answered on Dec 4, 2024
Be truthful. If GEICO is your insurance company, the statement you give to them will be confidential and non-discoverable in a lawsuit. That said, your statement will certainly affect GEICO's assessment of the claim and its apportionment of fault between you and the pedestrian, as will the... View More
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