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As an infant, I was involved in a legal case where Stewart T Schantz and Franklyn Engel represented and won a settlement due to an accident that killed my mother and injured me in Ulster County and Poughkeepsie, NY, between 1985-1995. I'm currently facing a significant hardship, and banks... View More 
answered on Mar 21, 2025
If the accounts are in your name (or for your benefit), you shouldn't need any legal representation whatsoever. Proof of identification should be sufficient, i.e. driver's license, along with a copy of the court order pursuant to which the account was opened. That said, it's likely... View More
Several months ago, during a routine medical procedure in New York, a tourniquet was applied to my arm and left on for over 3 to 4 hours. Standard medical protocol, especially for patients on blood thinners like myself, limits the application of a tourniquet to no longer than 2 to 3 minutes. Due to... View More
answered on Mar 17, 2025
Sorry to hear what happened to you. As my colleague correctly advised, obtain copies of your medical records, take photographs of your scar, and speak with an experienced medical malpractice attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Without... View More
I was granted leave to amend my complaint to add additional defendants, who are all part of the same entity but under different names. I served these additional defendants recently and will be e-filing the amended complaint. I haven't received specific instructions or deadlines from the court,... View More
answered on Mar 13, 2025
Under CPLR § 3012(a), service of an answer is to be made within twenty (20) days of service of the pleading to which it responds, in your case the Amended Complaint. https://law.justia.com/codes/new-york/cvp/article-30/3012/
I was assaulted in my dorm on my college campus in New York about six months ago. I wasn't ready to report it immediately, but I did write about the incident in my diary and told a few people, including a counselor who facilitated a room change. I've attended counseling sessions since... View More
answered on Mar 12, 2025
So sorry to hear what happened to you. As it relates to pursuing a civil lawsuit against the individual who assaulted you, the statute of limitations in New York is one (1) year from the date of the incident. If you can demonstrate that the school had notice of the assailant's vicious... View More
In 2019, I had emergency surgery to remove a brain bleed, which led to complications. Now, I'm bedridden and compromised, yet the surgeon responsible is not mentioned in my reports and has been avoiding my attempts to seek follow-up care. The surgeon's office has repeatedly made excuses,... View More
answered on Mar 12, 2025
So sorry to hear what happened to you. The statute of limitations for medical malpractice cases in New York is 2.5 years from the date of malpractice. Where there is continuous treatment for the condition giving rise to the lawsuit, the statute of limitations begins to run from the last date of... View More
I believe the organization financing and overseeing an assisted housing facility in NYC is liable for negligence that contributed to my mother's death. The facility neglected infection and COVID-19 precautions, dehydration, unattended falls, and cleanliness, resulting in severe health issues.... View More
answered on Mar 11, 2025
Sorry for your loss. Generally speaking, assisted living facilities have a legal duty to monitor the elderly residents under their care and could be responsible if their negligence, i.e. a departure from the standard of care, causes harm. Keep in mind that the statute of limitations for wrongful... View More
I injured my hip in a car accident a year ago and received two workers' compensation checks. A lawyer informed me that I am required to undergo a range of motion exam, and if I don't comply, workers' compensation in New York might reclaim the money I received. I'm confused about... View More
answered on Mar 10, 2025
Generally speaking, your receipt of workers' compensation benefits (and no-fault benefits) is contingent upon your appearance for a physical examination with the insurance company's doctor (oftentimes more than once). How the physician conducts the actual examination is up to the... View More
I was injured on a tour bus in NYC when I hit my head on a TV screen at the front of a 'hop on hop off' bus. I needed two staples in my head, which we paid for and are trying to claim back through our travel insurance. The incident happened on February 22nd, the day we arrived, and has... View More
answered on Mar 6, 2025
Sorry to hear what happened to you. Although you can certainly seek compensation from the bus operator for your injury, there needs to be some fault on the part of the tour bus. The television screen is arguably an open and obvious condition about which the bus company does not need to warn... View More
I brought my dog to a veterinary clinic as an emergency patient after he collapsed but was not triaged upon arrival. We waited for 30-45 minutes while a receptionist, not a veterinarian, claimed he was fine despite his critical condition. When finally seen, the vet stated he was experiencing... View More
answered on Mar 5, 2025
I'm so sorry for your loss. To prevail in a veterinary malpractice case, you'd have to demonstrate that the clinic departed from the accepted standard of care and that such a departure caused the death of your dog. Unfortunately, in the eyes of New York law, pets are "chattel"... View More
I'm seeking advice on obtaining compensation for medical bills after an individual fell on my foot and broke it in three places. The incident happened in a school, and there is potential footage available. It was entirely his fault, and witnesses were present. I have medical bills that need to... View More
answered on Mar 5, 2025
Sorry to hear what happened to you. That someone fell on your foot does not necessarily mean that they are responsible for your injury and resulting medical bills. Instead, you need to demonstrate that someone owed you a duty of care and that their breach of that duty, i.e. negligence, caused the... View More
As a nurse working in a group home for individuals with developmental disabilities, I accompanied a patient to a pre-operation appointment where the surgeon assured us that her preexisting medical condition would not increase surgical risks. Post-surgery, she experienced complications that were... View More
answered on Feb 28, 2025
In an action for informed consent, the physician has a duty to advise the patient of the risks, benefits and available alternatives to the proposed treatment. Although the patient developed post-surgical complications that the physician claimed were unlikely, the question is whether a reasonable... View More
I had a breast MRI on February 13 at a hospital where I fractured my rib during the procedure. There were three staff members present, and one mentioned the pain would go away in a few days. However, a chest X-ray the following week confirmed a fracture. Since then, I've been experiencing... View More
answered on Feb 28, 2025
Sorry to hear what happened to you. Apart from seeking the necessary medical attention, you can try speaking with an experienced personal injury attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. That said, given the cost of malpractice actions, you... View More
I had a car accident 4 years ago and settled my claim, with the settlement funds being used for joint household expenses for my wife and me. My wife is still in the process of settling her claim, and we do not have a prenuptial agreement. We have been married for 33 years and are currently... View More
answered on Feb 26, 2025
It depends. If your wife's case is settled after your divorce is finalized, then the settlement proceeds will be considered your wife's separate property and not marital assets. Even if the case is resolved before your divorce, under New York Domestic Relations Law § 236, if the... View More
I was in a car accident in New York almost three years ago and was at fault. The other party is now suing me, but fortunately, my insurance company has provided an attorney to defend me. Although I live with my son-in-law and daughter, who own the house and have their own car insurance, I am listed... View More
answered on Feb 26, 2025
Your daughter's insurance company will not likely be responsible for the incident. Generally speaking, in New York, insurance follows the car, not the driver. Moreover, it appears your own insurance company has taken the lead in defending you in the lawsuit and would be first up for satisfying... View More
I was involved in a motorcycle accident while on my way to work. I was driving behind a car when the driver suddenly made a U-turn, causing me to crash into the car. The police arrived on the scene and filed a report, which accurately states that the car driver was at fault for the accident. I... View More
answered on Feb 26, 2025
Sorry to hear what happened to you. As my colleagues correctly advised, since you were driving a motorcycle at the time of the incident, the New York "serious injury" requirement does not apply to you. Unfortunately, that also means that the offending vehicle's insurance will not... View More
In February 2024, I discovered that a friend began dating my ex-girlfriend, who is HIV positive. I concluded that he had been seeing her while we were dating and feared potential STD exposure from him. After visiting him in March 2024 to collect a debt and address my concerns, I asked for and... View More
answered on Feb 19, 2025
Sorry to hear what happened to you. In New York, a civilian complainant who furnishes information to the police who are then free to exercise their own judgment about whether an arrest should be made is generally not liable for false arrest or malicious prosecution. Moreover, unless your friend has... View More
In February 2024, I discovered that a friend began dating my ex-girlfriend, who is HIV positive. I surmised he had been seeing her while we were dating and feared potential STD exposure. After visiting him in March 2024 to collect a debt and address my concerns, I briefly used and accidentally... View More
answered on Feb 19, 2025
Sorry to hear what happened to you. In New York, a civilian complainant who furnishes information to the police who are then free to exercise their own judgment about whether an arrest should be made is generally not liable for false arrest or malicious prosecution. Moreover, unless your friend has... View More
I was riding my Suzuki motorcycle in a NYC bicycle lane when another driver turned left in front of me, causing an accident. He claimed he couldn’t see me due to two lanes of cars. I suffered multiple fractures in my foot/ankle and had surgery, with medical bills exceeding $25,000. The other... View More
answered on Feb 19, 2025
Sorry to hear what happened to you. Although you could arguably obtain a verdict greater than $25,000 at trial, there is no guarantee that you'd be able to collect on a judgment. And that's assuming you win. Instead, the costs associated with going to trial will eat up whatever recovery... View More
She slammed her door onto my passenger door leaving a dent/scratch the dashcam could not capture her doing that just the sound but it did get video of her pulling in and out of the spot next to me I took pictures of my door and the edge of her door where you can see a little bit of my white paint... View More
answered on Feb 14, 2025
Really depends on what type of insurance coverage you have. As my colleague correctly advised, if you have collision coverage, you could file a claim with your own carrier. Absent such coverage, however, your only other option would be to bring a lawsuit against the owner / operator of the other... View More
answered on Feb 17, 2025
As my colleagues correctly advised, it depends. Call up the lawyer who issued the subpoena and ask him or her whether a personal appearance is required. It's possible that you might be able to provide the requested documents and avoid an appearance altogether. Or you might have to appear and... View More
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