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?
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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