As my colleague correctly advised, there are really too many moving parts to answer this question intelligently. There's really no right or wrong time to make a settlement demand. You can make a settlement demand before suit is filed, before depositions, after depositions, while the case is... View More

Sorry to hear what happened to your child. Whether you have a case will depend on whether the student that bit your child had a prior history of biting others (or perhaps some other bad behavior which would make the incident foreseeable and therefore preventable). If the actions of the other... View More

An owner or possessor of real property certainly has the right to restrict access to the property. If the property is jointly owned, however, then the answer would presumably be no as each sibling would have equal right to the use of the property. Regardless, if there are conditions on the... View More

As my colleague correctly advised, generally speaking, an attorney-client relationship is established once you sign a retainer agreement. The retainer agreement will set forth, among other things, the services which the attorney will render, fee that the attorney will charge for his or her... View More

So sorry to hear what happened to you. As my colleague correctly advised, you should first look to see if there is any insurance that might cover your loss. Hopefully your landlord maintained some kind of insurance policy to protect his property and the personal belongings of tenants. In the... View More

Sorry to hear what you've gone through. Will getting dental work affect your claim? Yes, but not necessarily in a bad way. If you file a malpractice lawsuit and did not yet have the work, you would claim as an item of damage the need and cost of the future treatment. If you already... View More

Whether you are responsible will depend on whether you had any notice that there was a dog on the premises and knowledge that the dog had vicious propensities (which would make its attack foreseeable). If you had no knowledge that the tenant had a dog, no less a vicious one, you would arguably not... View More

Sorry to hear what happened to you. As my colleague correctly advised, there are many factors that go into determining the "value" of a case, such as the nature and permanency of your injuries, how the injuries affected your enjoyment of life and activities of daily living, whether you... View More

So sorry for your loss. If the death is reported by the family or someone else, it could potentially affect a wrongful death lawsuit depending on what they say. Assuming the report is not confidential, what they say to the NYS Department of Health would arguably be relevant and therefore... View More

Report the matter to your insurance company. It will hire attorneys to defend you in the lawsuit. If, at the time of the alleged incident, you no longer owned the motor vehicle that was the subject of the civil lawsuit, you will arguably bear no legal liability / responsibility. Make sure to... View More

Your question is a bit unclear. If you are talking about discovering the "worth" of the party that caused damage to your condominium, you can always perform an asset search on the party to find out if it owns any real property, etc. An asset search will not, however, tell you have much... View More

I'm very sorry for your loss. Whether you might have a viable wrongful death claim on behalf of your mother really depends on how and where the home invasion occurred. If your mother lived in a private home, apart from perhaps suing the intruder, you would not have many options. On the... View More

Sorry to hear what you went through. Unfortunately, given the time and expense of malpractice lawsuits, they do not make sense unless you've suffered a serious, permanent injuries. A dentist's failure to fix your misaligned bite, although upsetting (but not necessarily indicative of... View More

New York Vehicle and Traffic Law § 388 establishes a rebuttable presumption that a vehicle's owner consented to the operation of the vehicle by another party and makes the owner vicariously liable for the actions of the driver. To rebut this presumption, you must offer "substantial... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More