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Questions Answered by Jonathan R. Ratchik
2 Answers | Asked in Car Accidents and Civil Litigation for New York on
Q: My vehicle was totaled by a snow removal company. I have settled with my insurance company who charging back the snow

Removal company’s insurance. I had just paid off my vehicle when this incident happened.

Can a lawyer be able to recover the monies that I still have to pay out of pocket due to this incident?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 11, 2023

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 »

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1 Answer | Asked in Personal Injury and Health Care Law for New York on
Q: A hospital told me my daughter died 11 years ago (2011) now in 2022 they are saying their records says she is not
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 10, 2023

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 »

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I learned that the cochlear implant was placed in wrong position after surgery, the cochlear implant and surgeon knew.

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 »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 2, 2023

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 »

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2 Answers | Asked in Personal Injury for New York on
Q: In New York state supreme court in Albany County. Partial participation recorded at disposal. Means what?
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 21, 2022

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.

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3 Answers | Asked in Personal Injury for New York on
Q: Judgment reached years prior now new injuries occurring due to original case can I open a new counter case

Recent judgment on civil case can I open the case again due to New Evidence of injuries they just emerged nerve damage

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 20, 2022

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 »

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2 Answers | Asked in Personal Injury and Workers' Compensation for New York on
Q: I hired someone to paint my house, but he fell of the ladder. what is my responsibility ?
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 28, 2022

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 »

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1 Answer | Asked in Education Law and Health Care Law for New York on
Q: I do not want the vaccine but it's mandatory for in-person classes. Is my right to education & health protected?

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 »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 23, 2022

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 »

2 Answers | Asked in Personal Injury for New York on
Q: Can I get out of my contract with a lawyer even though my case is still pending
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 18, 2022

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 »

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3 Answers | Asked in Car Accidents for New York on
Q: During my driving class, a commercial truck hit me on the turn and I got injured.

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.

What should I do? Besides the... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 17, 2022

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 »

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2 Answers | Asked in Car Accidents for New York on
Q: I have a case of a car accident filed around January 29, 2020. I have no heard from my lawyer. What should I do?

spend time at the lawyers office on a deposition but that is all

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 17, 2022

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 »

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2 Answers | Asked in Car Accidents and Traffic Tickets for New York on
Q: My 70 yr old brother blacked out from coughing while driving his comm. truck. He was injured and taken to the E.R.

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 »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 3, 2022

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 »

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: What defense representation might be required regarding an automobile accident which resulted in personal injury?

My step-daughter was involved in an accident about a week ago. The police report implies it was her fault. No charges have been filed as far as i know. But, an individual was taken to the hospital.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 31, 2022

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 »

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2 Answers | Asked in Civil Litigation, Personal Injury and Real Estate Law for New York on
Q: My question is with regards to liability. Bank owned property.

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 »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 31, 2022

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 »

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1 Answer | Asked in Personal Injury for New York on
Q: Can I sue pepsi company truck hit my power line and we were in a hotel for 21 days
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 24, 2022

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 »

1 Answer | Asked in Animal / Dog Law, Libel & Slander and Personal Injury for New York on
Q: im 17 tunring 18 in two months, will i be able to sue my aunt for emotional abuse and spreading rumors when im 18?

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 »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 17, 2022

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 »

2 Answers | Asked in Legal Malpractice, Criminal Law, Personal Injury and Civil Rights for New York on
Q: Why is it so difficult to get a lawyer/attorney to respond to us or to get legal advice? We are paying customers.

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 »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 4, 2022

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 »

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2 Answers | Asked in Car Accidents for New York on
Q: What does may result in prejudice mean
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 16, 2022

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 »

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1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Libel & Slander for New York on
Q: IIED

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?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 9, 2022

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 »

1 Answer | Asked in Personal Injury for New York on
Q: How do I find out if my now former attorney due to his suspension for misconduct settled my case without my knowledge?

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 »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2022

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 »

1 Answer | Asked in Personal Injury, Civil Rights, Medical Malpractice and Sexual Harassment for New York on
Q: Can somebody tell me some ideas for how i can get retribution because this is scandalous and im literally going through

The following transaction was entered on 8/30/2022 at 4:28 PM EDT and filed on 8/30/2022

Case Name: DAVIS v. CHESTER CROZER HOSPITAL et al

Case Number: 2:21-cv-05035-CMR

Filer:

WARNING: CASE CLOSED on 06/03/2022

Document Number: 22

Docket Text:... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2022

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 »

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