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Questions Answered by Jonathan R. Ratchik
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... View 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... View 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.... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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,... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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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2 Answers | Asked in Personal Injury for New York on
Q: I have a personal injury case in Bronx ny. The case was brought in 2017 finally I have a settlement conference

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

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 11, 2021

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... View More

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2 Answers | Asked in Criminal Law, Personal Injury and Child Custody for New York on
Q: I am over 18 and I have mental distress caused by my parents.
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 10, 2021

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,... View More

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2 Answers | Asked in Contracts and Personal Injury for New York on
Q: Hi if a judge issues a remitturr as a motion judgement does that mean that there was a offer discussed already on a case

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... View More

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

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... View More

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2 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: Can I sue my oral surgeon for emotional distress and negligence even though I’m not physically injured?

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... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 27, 2021

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... View More

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3 Answers | Asked in Personal Injury for New York on
Q: Personal injury case has been in special trial part for a year and a half , it’s just adjourned for so long!

What is the STP part. Is that a settlement part it says special trial part , I thought this part was suppose to go to trial. Can someone explain. Thank you

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 25, 2021

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,... View More

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3 Answers | Asked in Personal Injury for New York on
Q: If I’m injured in a motorcycle trading school Are they responsible for my medical
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 13, 2021

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... View More

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