Is it likely that a settlement number will be discussed or is it likely that there will be more settlement conferences! Discovery is finish and all appeals to get the case thrown out has been denied! Should I expect a number from the Attourney? Or will there be more settlement conferences thank you
It depends. Have you ever made a settlement demand? That's usually the first step in any settlement negotiations. If this is the first time your case is on for a settlement conference then it's not likely that the defendant will have any authority to offer money as getting the... Read more »
If you're asking whether you can sue your parents for emotional distress, the short answer is no. Short of physical abuse, a court is not going to second guess parents on how best to raise a child. Here's an article I found online which you might find useful,... Read more »
My Attourney haven’t said that there was an offer yet. Just wondering if an offer likely is on the table already thank you, the opposing counsel lost summary judgement and the appeal for summary judgement was also denied does the case settle for an additional amount went summary judgement and the... Read more »
Remittitur is the process by which a court reduces a jury's verdict on damages (as opposed to additur, the process by which a court increases a jury's verdict). If this happened on your case it means that the jury returned a verdict in your favor. If the Court granted the... Read more »
Went to get all four wisdom teeth pulled. Surgeon randomly suggested using laughing gas over IV anesthesia. Then, promised myself and my mother that he would add IV if I began feeling pain. Nurse put a little thing that sat on my nose to give me laughing gas. Began to feel it a bit but all surgeon... Read more »
Sorry to hear that the extraction of your wisdom teeth was an unpleasant experience. Unfortunately, the temporary pain and discomfort you experienced during the extraction will not justify bringing a dental malpractice lawsuit. Given the high cost of bringing dental malpractice lawsuits, they... Read more »
What is the STP part. Is that a settlement part it says special trial part , I thought this part was suppose to go to trial. Can someone explain. Thank you
Yes, the STP is the Special Trial Part. As my colleagues have correctly advised, due to the COVID pandemic, almost every case that was "ready for trial" in March of last year has been adjourned. The Court system is just beginning to have jury trials again and, as you can well imagine,... Read more »
It really depends on how your injuries occurred and whether the motorcycle school caused or contributed to them. In any personal injury lawsuit, there needs to be a breach of a duty of care, whether by a property owner, the driver of a motor vehicle, etc.; and a causal connection between the... Read more »
She fractured her ankle! Workers comp settled with her ! Her Attourney is now suing the owner of the building there was defected floor on the store that caused this fracture! It’s been since 2017 he doesn’t call you have to call him ! We reached him and he said there was an offer that was so... Read more »
As my colleagues have correctly advised, that your fiancé's case has been going on since 2017 is not, by itself, a reason to change lawyers. Cases often take years before they get resolved (or proceed to trial). You should, however, call your attorney and insist on an in-person (or even... Read more »
Dana is a plaintiff in a personal injury case. Jeff is Dana's close friend. He was with her when she was injured by an allegedly defective hedge cutter and can provide evidence that supports Dana's claims. Jeff orally assures Dana on many occasions that he will testify on her behalf.... Read more »
Is this a real legal question or a question that is on your law school examination?!? Regardless, whether the witness is "unavailable" within the meaning of the law depends on whether the witness is under the control of the party who would be expected to call the witness and/or subject... Read more »
New York Southern District Supreme Court in a medical malpractice case, civil action
Here's a form I found on the Southern District's website, https://www.nysd.uscourts.gov/forms/subpoena-appear-and-testify-hearing-or-trial-civil-action If you are representing yourself pro se, you will need the clerk to sign off on the subpoena.
Pulled out of the parking spot abruptly I tried to turn away but he struck us on the scooter knocking both of us off. My daughter is ok with scrapes on her knees and her leg is sore took her to the emergency right away, myself scrapes and bruises as well. Should I reach out to a lawyer, thank you... Read more »
So sorry to hear what happened to you and your daughter. Most personal injury attorneys offer free consultations so there is no harm in speaking with one. You can find one using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that your time in which to file an application for no-fault... Read more »
2 on both shoulders and 1 on my hip my hip is stated to need future replacement! My case is in the stp part Bronx ny the defendant filed summary judgement and the judge denied it is that good for me ? And does the denial of summary judgement means I can sue for additional amount! Lastly is this... Read more »
Denial of the defendant's motion for summary judgment is good for you - it basically means that there are issues of fact that need to be decided by a jury. It does not mean that you will win your case - just that the defendant is not entitled to judgment as a matter of law and that your case... Read more »
I have been bedridden with chronic illness for 6 years. I am required to lie down all day and am unable to get up to use the restroom. I rely on my parents for all my daily requirements. Symptoms of mine include extremely severe noise and light sensitivity which require me to wear earplugs and an... Read more »
If by legal recourse you mean suing your parents, probably not. You are living in their home and thus arguably have to tolerate the living conditions with which they provide you. And unless you are paying them rent and have a landlord/tenant relationship, they likely have not breached any... Read more »
How do I find out how much my settlement was? How much a lawyer to suppose to charge? Do I pay for filing and paper work out my money? Why my lawyer Got more of the money then I did. 33.3% I thought was of fee. She had it in her savings for 1yrs b4 I received anything, also he lean me a few... Read more »
You certainly have the right to inspect the file your attorney maintains on your case. With regard to holding onto the settlement proceeds, as my colleague correctly advised, there might be liens (with either Medicaid / Medicare or a private insurance company) that need to be resolved before your... Read more »
Every report is faults I can prove every other statement is a lie but the esdropping charge I can't prove i have to go to Grand jury every report is filed by my wife and her friend. I have a public defender because I have a divorce lawyer I can't afford both lawyers. Don't know what... Read more »
Sorry to hear what you're going through. If the reports that were filed against you were truly false, you might have a viable claim for defamation. Here's an article I found online which you might find helpful,... Read more »
She is working as a temporary worker at a hospital for an assignment. She was shoved twice and verbally assaulted by the male employee. He was arrested on Friday, but has since been released with no charges per the police. My sister is experiencing trauma from being physically assaulted by this... Read more »
Sorry to hear what happened to your sister. If she hasn't already, she should report the incident to her supervisor and request that the other employee be transferred to a different department to reduce the risk that she might run into him again. With regard to bringing a lawsuit against the... Read more »
As my colleagues have correctly advised, whether you can sue the restaurant for your fall depends on whether your fall was caused by some dangerous or defective condition on the stairs themselves. If there was nothing wrong with the stairs and you fell due to your own intoxication, that would not... Read more »
After heating up a cup of hot water for my tea, when I went to take a sip, the handle broke off and the scolding hot water burned my right thigh. I suffered second degree burns on my front and back thigh yesterday afternoon on 02/21/2021. I did seek medical attention and was prescribed medication... Read more »
So sorry to hear what happened to you. Whether you have a viable lawsuit really depends on why the handle of the cup fell off and the nature of your injuries. Products liability lawsuits are very expensive and usually only make sense when there has been a serious, permanent injury. That said,... Read more »
settlement agreement questions
If you are already represented by an attorney you should speak with that attorney about the proposed settlement agreement. If you do not have an attorney, however, unless you are willing to pay an attorney by the hour, it is unlikely you are going to find one who is willing to review the... Read more »
I lost a child at just under 36 weeks pregnant. I was told by a lawyer at the time (2000) that nothing could be done because the baby did not take a breath outside of utero, but, the reason the baby didn't take a breath was negligence on the part of the hospital staff. I have proof in... Read more »
I'm so sorry for your loss. Unfortunately, New York State does not recognize wrongful death claims for the death of an unborn child, Endresz v. Friedberg, 24 N.Y.2d 478 (1969). https://casetext.com/case/endresz-v-friedberg Although you may have been able to sue for your own grief and... Read more »
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