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Questions Answered by Jonathan R. Ratchik
2 Answers | Asked in Car Accidents for New York on
Q: Question regarding stop sign accident In NYC.

Want to clarify in the beginning, I have a dash cam. I'm stopped on a two way street, about to make a left turn into a one way. There are two cars at a stop sign across me. I let the first car pass and start to make a left turn. The second car does not let me through and continues to follow... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jan 19, 2022

As my colleague correctly advised, generally speaking, a vehicle making a left turn has a duty to yield the right of way to oncoming traffic and not to turn unless it is reasonably safe to do so. That said, if the vehicle which you hit never stopped at the stop sign (and just followed the other... Read more »

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3 Answers | Asked in Personal Injury for New York on
Q: Hello I'm a client at this law firm and I got into a bike accident almost 3 months have not recieved any paid wages?

Well I wanna know does it take this long for you recieve paid wages I gave my work info they got the disability certificate from doctor I've been out of work since Nov 8 2021 this is very stressfull.

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jan 12, 2022

As my colleagues correctly advised, best to speak with your attorney about why you haven't yet received your lost wages. Unfortunately, insurance companies are notoriously slow in paying claimants lost wages. It is possible that the insurance carrier is still waiting to receive the... Read more »

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2 Answers | Asked in Employment Law and Personal Injury for New York on
Q: Can my employer lower my wage as a result of me getting a hernia injury when part of my job duties are heavy lifting.

I have a medical history and had this same injury before at the same job. They are aware of my medical conditions and have been for 6 years. It never was a problem until it went under new ownership this last year.

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jan 5, 2022

As my colleague correctly advised, your question is best posed to a workers' compensation or employment law attorney, not a personal injury attorney. Generally speaking, you cannot sue your employer for an on-the-job injury - that's what workers' compensation is for and is your... Read more »

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1 Answer | Asked in Family Law, Personal Injury, Child Support and Small Claims for New York on
Q: Can I take any legal action against my parents for childhood abuse and neglect resulting in severe mental illnesses?

My mother never paid child support even though she was not the custodial parent,at17 years old she let me live there for only less than a month before making me homeless.She has always been inappropriate with me making me take off my shirt to take pictures of me while I was in the mental health... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Dec 10, 2021

So sorry to hear about what happened to you. Unfortunately, from your description, it appears the Statute of Limitations (SOL) on any case has long since expired. The SOL for intentional torts such as abuse is only one (1) year from the time you turned 18. New York does not recognize a cause of... Read more »

2 Answers | Asked in Car Accidents for New York on
Q: Am I required, by law, to provide homeowner's insurance information for a car accident?

I am currently being sued for a minor car accident. Despite having ample car insurance, the lawyer for the other side is requesting information about umbrella/homeowner's insurance. They say it is required by law. I need to know if it is.

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Dec 9, 2021

Under New York Civil Practice Law & Rules § 3101(f), you are required to disclose the existence of any insurance policy that might satisfy, in whole or in part, a judgment entered in the action. https://law.justia.com/codes/new-york/2010/cvp/article-31/3101/ Generally speaking, a... Read more »

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1 Answer | Asked in Personal Injury for New York on
Q: While I am waiting for my motion for reconsideration to be heard, do I have to comply with the court's short order form

1st Court Order Stipulation gave the Defendant and I 45 days to answer specific discovery questions. After 45 days I no longer answered the questions. Defendant made 2nd motion indicating I didn't comply with the Order , In my replied I indicated I did. Judge short Order form said I have 30... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Dec 1, 2021

Rather than standing on ceremony, the safer practice would be to comply with the second court order and give complete responses to the defendant's discovery demands. You might also want to confer with defense counsel and find out what additional discovery they claim is outstanding so that you... Read more »

3 Answers | Asked in Personal Injury for New York on
Q: Personal injury case settled money is in escrow. Medicaid lien sept 10th. No answer from nys health dept. How long?

Release papers signed August 10th 2021. Lawyers are still trying to negotiate but it taking a long time. What is the longest timeframe for this?

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Nov 29, 2021

Resolution of your lien can take anywhere from several weeks to several months. Many agencies are still working remotely due to the pandemic which made an already slow process even slower. Be patient.

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2 Answers | Asked in Landlord - Tenant and Personal Injury for New York on
Q: Have mold growing in areas of every room in the house and landlord hasn't done anything.

It's growing on my personal belongings and my daughter had a toy in her mouth that mold grew on.

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Nov 29, 2021

Sorry to hear what you're been going through. As my colleague correctly advised, you should certainly speak with a landlord tenant attorney regarding the mold in your apartment. You can find one using the Find a Lawyer tab on the JUSTIA homepage. As for personal injuries, in 2014, New... Read more »

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for New York on
Q: Can i sue if for excessive force if i get an acd or do i need a straight dismissal

I went to pick up an order of protection that was on me the sheriff told me i had to fo to a beooklyn precint and handed me the oop i then told him i spoke with an officer the day of the occurrence he slammed his handcuffs on me causing me to bleed i told him he hurt me and he squeezed harder on... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Nov 8, 2021

You can sue the police officer for excessive force regardless of whether the criminal complaint against you is dismissed or adjourned in contemplation of dismissal. One has nothing to do with the other. Here's an article I found online which you might find useful.... Read more »

3 Answers | Asked in Personal Injury and Probate for New York on
Q: Hello, Can you explain the waiver of statue of limitations to ,me please? Thanks
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Nov 8, 2021

Although uncommon, a defendant can agree to waive (or extend) the statute of limitations. You oftentimes see this if the parties are negotiating and need additional time due to an approaching SOL. Never rely on a verbal agreement to extend the statute of limitations. Get it in writing with an... Read more »

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2 Answers | Asked in Education Law and Personal Injury for New York on
Q: Good afternoon, I would like to find representation for our daughter who attends a local school in Tompkins County.

She was physically attacked by another minor and another student recorded this incident. We have pressed charges on the subjects. I believe we are going to need some to be our representative, to make sure that the young lady gets more than one week's suspension and will no longer cause harm to... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 15, 2021

The decision to suspend your daughter's assailant (and how long to suspend her) is likely in the sole discretion of the school's principal / superintendent. Do not be surprised if you do not have any say in the matter. If the student who attacked your daughter had a history of such... Read more »

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1 Answer | Asked in Personal Injury and Civil Litigation for New York on
Q: Court of Claims NY, can Claimant not testify in own case to avoid cross-examination?

I am pro-se Claimant in the NY Court of Claims. It happens that I am calling the same witnesses as the defendant (the State). The defendant presents the witness for their own defense but ALSO makes them available for Claimant's case. Is this means double direct and cross-examinations on each... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 6, 2021

I'd be very surprised if the Judge allows you to call as direct witnesses individuals who have already been produced as witnesses by the State. More likely than not, if the witnesses are "hostile", you will have an opportunity to cross-examine them once the State has finished its... Read more »

2 Answers | Asked in Insurance Bad Faith, Personal Injury and Products Liability for New York on
Q: Why would a claims adjuster deny a claim and then turn around and want to offer payment for pain caused by the incident?

I am the third party in a product liability insurance claim. The claim was denied earlier this month and just yesterday, the adjuster called me wanting to "resolve" the claim by offering payment for "pain" from the injury.

Before the insured sent the complaint over to... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 4, 2021

When you state you're the "third party" I'm assuming you mean you're the claimant and not a third-party defendant. Regardless, as my colleague correctly advised, the claims adjuster's change in position can be due to many reasons. More likely than not, the adjuster... Read more »

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2 Answers | Asked in Civil Litigation and Personal Injury for New York on
Q: Consumption by Fraudulent Means. Is there a law against this in NYS

I was slipped an illegal substance in my drink unknowingly. There are witnesses. I later had my urine tested. It tested positive for thc. I have eye witnesses. This has caused me mental anguish and anxiety. Do I have a civil case?

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Sep 20, 2021

Generally speaking, in New York, in order to recover damages for emotional distress, you need to demonstrate extreme and outrageous conduct and severe emotional distress. Here's an article I found online which you might find useful,... Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: NYS- Do I have to settle a liability claim in 3 years or I lose my rights? (struck by car in a crosswalk while on a bike

I was technically at fault due to being on a bike. Woman driving the car was messing with radio making a left hand turn. Insurance adjustor is pressuring me to settle tonight or I'll get nothing because tomorrow is 3 years.

Follow-up questions: Police report places blame on me... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Aug 2, 2021

If you were over 18 at the time of the incident and were not otherwise under a disability, you had three (3) years in which to file a lawsuit for personal injuries. If you did not commence the lawsuit within the three (3) year the statute of limitations, your time in which to file any such lawsuit... Read more »

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1 Answer | Asked in Criminal Law, Personal Injury, Real Estate Law and Federal Crimes for New York on
Q: How can I file a suit on tom aini and the hornell police sheriff's dept state police and the city hall brian schu lawyer

I have evidence in drug activity corruption harassment sexual harassment I all listed above and a few other officials in the city

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jul 28, 2021

If you wish to report corruption involving local and state elected officials, you should report the matter to the Office of the Comptroller, https://www.osc.state.ny.us/investigations , which is charged with fighting corruption. You do not have legal standing to file suit on such matters. As for... Read more »

2 Answers | Asked in Personal Injury for New York on
Q: I have used the biotin shampoo for years and recently stopped because of massive hair loss. How do I apply for a lawsuit

I used the biotin shampoo and conditioner for years and had dramatic hair loss until I stopped using it recently. How can I apply for a lawsuit?

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jul 6, 2021

Sorry to hear what you went through. Unless your hair loss was permanent, a products liability lawsuit would probably not be warranted given the costs associated with such lawsuits. You should consider just writing to the manufacturer and asking for a full refund. Moreover, it appears biotin... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: I have a personal injury case since 2017 it is now in the stp part. The defendant is asking for trial authorizations!

They are requesting medical therapies that I have went to after my accident. What is the meaning of this trial authorizations.

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jul 1, 2021

Par for the course. Trial authorizations permit the defendant to subpoena your medical records into Court (as opposed to regular authorizations which allow them to have obtain your medical records during discovery). Just make sure that the trial authorizations correspond with the authorizations... Read more »

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1 Answer | Asked in Personal Injury for New York on
Q: Hello I have a personal injury case that’s in the stp part ! The judge denied summary judgement that the defendant filed

Then defendant filed appeal judge still denied appeal ! Now there’s something filed by court that says remitturr! There was no trial yet ! How can judge reduce award or verdict when there was no trial yet?????? We have not went to trial as of yet but the last entry by court was remitturr I... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jun 17, 2021

I think you posted this question a few days ago. Remittitur is the process by which the Court reduces a jury's verdict. If your case never went to trial (either in front of a judge or a jury) then there would arguably be no verdict for the Court to reduce. Assuming you are representing... Read more »

2 Answers | Asked in Family Law, Personal Injury and Education Law for New York on
Q: Seeking attorney for physical child abuse that happened to myself as a child by elementary school administrators.
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jun 15, 2021

Use the Find a Lawyer tab on the JUSTIA homepage. There are many excellent attorneys who can help you. You can also try, as my colleague suggested, your local bar association's legal referral service.

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