Generally speaking, if your vehicle was damaged due to someone else's negligence, you can recover the difference between its market value immediately before the collision and its market value immediately after it was damaged. You can also recover damages for the loss of use of your vehicle,...Read more »
Under the law, hospitals in New York are required to keep patient records for six (6) years after the date of discharge or, in the case of a minor, three (3) years after the patient reaches the age of 18; or at least six (6) years after the date of death....Read more »
After the emergency surgery, the surgeon found out that my implant was wrongly placed over 20+ years which has led to injury to my ear area - based on the MRI finding as well as Cat Scan. It is suspected that CI company and surgeon knew about it and falsely reported that it was in the place but... Read more »
Sorry to hear what happened to you. Unfortunately, New York State does not have a date of discovery rule for medical malpractice cases such as yours. Which means the statute of limitations (your time in which to bring a malpractice lawsuit) expired a long, long time ago, i.e. 2.5 years from the...Read more »
As my colleague correctly advised, it means that not all of the parties have appeared in this action (or recorded their appearance electronically). If a party fails to record its appearance, it risks not receiving timely notifications from the Court and/or filings by other parties.
If you already had a lawsuit in which you alleged that a person or entity caused you to sustain personal injuries, you cannot bring a second lawsuit against the same person or entity for new or unknown injuries arising out of the same occurrence for which you originally sued. Moreover, the statute...Read more »
It really depends on why the worker fell off of the ladder. If there was nothing wrong with the ladder, your legal liability would be very limited as New York Labor Law § 240 does not apply to the owners of one- and two-family dwellings (unless you directed or controlled the work). If there was...Read more »
Hey, I am from NYC, CUNY colleges are mandating vaccines to return to in-person classes. Online learning hinders my ability to perform well and isolation from a student environment is affecting my social skills and mentally challenging me. I am emotionally out of touch with the rest of the world... Read more »
You're fighting a losing battle. The Supreme Court of the United States has, on multiple occasions, rejected challenges to NYC's vaccine mandate for municipal employees. A challenge to a mandate requiring CUNY students to be vaccinated for in-person learning would likely meet the same...Read more »
You have a right to change lawyers at any time, for any reason. If you are not satisfied with your current legal representation, find a new lawyer. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that your new lawyer will have to reimburse...Read more »
Today during my first driving class, a commercial truck drove from my left trying to go around me and turned on the right hitting the car I was in. I have sprained shoulder and strained lumbosacral strain. It clearly was the fault of the driver on the truck.
Sorry to hear what happened to you. As my colleagues correctly advised, speak with an experienced personal injury attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that in order to recover damages for "pain and suffering",...Read more »
Call your lawyer over the phone and make an appointment to see him or her in person. Also, you can always check New York State's electronic filing system to see if your lawyer ever started a lawsuit on your behalf, https://iapps.courts.state.ny.us/nyscef/CaseSearch Keep in mind that the...Read more »
for evaluation. He received in the mail a ticket for improper lane change. Drove 3 hours to PA from NY only to be told court date was postponed because trooper had surgery two weeks prior. Should ticket have been dismissed or even issued in the first place? Brother is concerned for points on... Read more »
It sounds like there's more to this story. If your brother had blacked out while coughing, he would likely have crashed his truck, not just changed lanes. That the trooper did not show up for the court appearance would not warrant dismissal of the ticket, especially if it was the first time...Read more »
Assuming your daughter has automobile insurance, she should report the matter to her insurance company immediately. The insurance company will investigate the matter and, if your daughter is sued, assign counsel to defend her in the lawsuit and pay any judgment entered against her up to the limits...Read more »
There is a large tree in the backyard of the property that has displaced my fence, and also caused damage to my backyard's foundation due to the roots growing through the ground. The property is also occupied by squatters and the bank may, or may not be attempting to evict. (I've reached... Read more »
Whether the bank bears any legal responsibility for the damage to your property will depend, in large part, on its relationship to the property on which the tree is located. That the bank has a mortgage on the property, without more, will unlikely give rise to any duty to maintain the property....Read more »
It really depends. If the power line is your own personal line (as opposed a utility company's line), you could certainly recover the cost to repair the line and damages which are a reasonably foreseeable consequence of the incident. On the other hand, as plaintiff, you are required to...Read more »
She has made me feel like a burden to everyone, she lies and tells me that im over reacting. Recently my dog passed away, her lungs collapsed and she had bruising from something, the first person she said it was , was me. I know i never did anything to my dog but she said she "thinks"... Read more »
You can certainly sue someone for defamation / slander if they are making false statements about you. In any defamation case, however, you have to prove that the false statements caused you damages. Moreover, unless your aunt has any assets worth pursuing, a successful lawsuit against her might...Read more »
The situation involves illegal sedation of a disabled person in a group home with evidence, and neglect/abuse with evidence. The group home agency has failed to correct the situation or address the situation appropriately on so many levels it's mind-blowing. We also want to sue for... Read more »
Although not always the case, the inability to find a lawyer is oftentimes a reflection on the merits, or perceived merits, of your case. That said, you can find many excellent personal injury attorneys using the Find a Lawyer tab on the JUSTIA homepage. Almost all of them charge no fee for an...Read more »
It really depends on the context in which the term is used. In the context of litigation, it often arises when you are seeking to amend your pleading or theory of liability after the time in which to do so has expired. A court may deny your request if it will result in prejudice to the defendant,...Read more »
Can I sue someone for IIED if the person I was having a conversation with recorded the conversation (a conversation in which I was saying bad things) and this person sent the tape of the conversation to my boss, which then led to me being fired?
The actions of person who recorded your statement, although perhaps unethical, does not rise to the level required to bring an action for intentional infliction of emotional distress. Conduct that could support such a lawsuit must be so extreme and outrageous as to go beyond all possible bounds of...Read more »
I have a suit against the City of New York for 1,000,000 in Supreme court which was filed in 1991. I did meet with the Comptroller and said attorney a few years after the case was filed in supreme Court which was the only thing that was done to my knowledge. This attorney was suspended for... Read more »
You can check the County Clerk's office to see if a Stipulation of Discontinuance was ever filed (which is part and parcel of any settlement). You could also try contacting the Office of the Corporation Counsel (which represents the City of New York in most lawsuits brought against it)....Read more »
Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), the Court may dismiss a case if it determines that your Complaint, accepting every allegation as true, "fails to state a claim on which relief may be granted." In layman's terms, it means the Court is dismissing your case because the facts...Read more »
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.