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Questions Answered by Jonathan R. Ratchik
2 Answers | Asked in Personal Injury for New York on
Q: How do I find out if I have an active lead settlement case ?
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 9, 2022

Your question is unclear. As my colleague correctly advised, if you are already a plaintiff in a lawsuit, speak with your lawyer. He or she can best advise you about the status of your case and any proposed settlement. If, on the other hand, you are looking for a lawyer, you can find many... Read more »

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1 Answer | Asked in Medical Malpractice for New York on
Q: Medical malpractice attorney?

Hello,

I'm trying to find a medical malpractice attorney that will represent me in a case I'm trying to pursue in NY.I had surgery on Oct 16 2019 and continued to see the same doctor up until Feb 25 2021 therefore it's going to be under the "continuous treatment"... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 13, 2022

You can find many excellent medical malpractice lawyers using the Find a Lawyer tab on the JUSTIA homepage. As you've been repeatedly advised, many attorneys will shy away from a case where the alleged malpractice is outside the 2.5 year statute of limitations window, even if the statute of... Read more »

1 Answer | Asked in Car Accidents for New York on
Q: At fault drivers insurance policy goes up to $300,000 my doctor bills were $197, 000 I want to ask for more can I do tha
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 11, 2022

There is no limit to how much money you can sue for. That said, unless the owner / operator has assets, recovering more than the available insurance can be exceedingly difficult and would likely require you to first obtain a judgment against the defendant (which given today's judicial system... Read more »

2 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: N.Y.S.B.A.?

I am desperately trying to find a medical malpractice attorney in NY to no avail. Everyone keeps telling me to try the New York State Bar Association. Isn't that a paid subscription site? I tried to go on it but I couldn't navigate it correctly. It doesn't help that I'm... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 16, 2022

The NYSBA does not have a legal referral service for any of the counties in NYC. Every local bar association in NYC, however, has a legal referral service, such as the Bronx County Bar Association, the Brooklyn County Bar Association, Queens County Bar Association, etc. Almost all medical... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: I have no insurance but need help

I'm severely disabled.Im almost blind,can't speak, can't move my muscles,haven't brushed my teeth nor taken a shower since a surgery almost 3 years ago.Bedridden,can't feed myself and now its getting harder to breathe.If I go to the emergency room in Bellevue hospital, a... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 14, 2022

If you are in need of emergency, i.e. life saving, medical treatment, an emergency room is required by law to treat you. It is not, however, required to treat you for chronic, non-life threatening medical conditions. Here's something I found online which you might find useful,... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: What happens If the defendant is nowhere to be found?

My lawyer informed me that the reason my lawsuit has been dragged out for so long is due to an awol defendant. It was a car accident that was his fault and caused me to have cervical fusion surgery . It has been 6 yrs and the defendant has not complied with anything and has completely vanished.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 13, 2022

That the defendant has gone missing should not, standing alone, delay your case for years on end. If the defendant driver has not complied with court orders directing him to appear for deposition or with other discovery, your attorney can file a motion to either have his answer stricken or to... Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: A lady intentionally rammed my car (I have it on video). I am injured, what should I do?

I live in New York, and was driving to work today when a lady that claimed I cut her off rammed into the back of my car (I have front and rear dash cams). It was severe enough to require my car to be towed. She had 2 young children in her Range Rover when she did this. She was admitting that it... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 10, 2022

Sorry to hear what happened to you and your vehicle. Can you pursue legal action? Yes. That said, if the driver intentionally hit your car from behind, her insurance carrier is going to disclaim coverage. As a matter of public policy, insurance companies do you cover intentional torts. And... Read more »

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1 Answer | Asked in Personal Injury for New York on
Q: NYC As the plaintiff, am I allowed to request for a "meritorious" case to be dismissed or do I have to settle

I am the guardian of an incapacitated person (my father). The lawyer assigned to this case chose to not communicate at all. The incapacitated person will no longer benefit from this lawsuit as his present physical and mental condition have worsened and will only get worse as time goes on until he... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 1, 2022

As the guardian of the incapacitated person / plaintiff, you certainly have the right to discontinue the case, regardless of whether it's meritorious. Of course, this will mean that your father's attorneys will not get compensated for any of the work they put into the case (and will... Read more »

2 Answers | Asked in Medical Malpractice for New York on
Q: Where else can I go?

Hello,I was wondering what other platforms there are such as this one especially in NY to obtain an attorney for a medical malpractice suit. I am disabled and its quite hard to communicate.

Thank you

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 1, 2022

You can find many excellent malpractice lawyers using the Find a Lawyer tab on the JUSTIA homepage. You can also try AVVO, Martindale, Super Lawyers and Find Law, all of which have lawyer directories searchable by practice area. Lastly, your local bar association probably has a legal referral... Read more »

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2 Answers | Asked in Medical Malpractice for New York on
Q: Please help me to understand

I'm going to give a hypothetical,an example. Let's say you go to get your car detailed,the guy says ok,come back tonight to get it,you go back later. The car is detailed but now the engine is missing and the guy tells you he doesn't know what you're talking about. Now it's... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 1, 2022

Before a lawyer can file a medical malpractice lawsuit in New York, the attorney must have the case reviewed by one or more qualified experts and certify to the court that the lawsuit has merit. This costs $$$. If an attorney reasonably believes that your case has merit, the lawyer will obtain... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: Can a personal injury case in supreme court be heard after 30 yrs? I have a 1,000,000 suite against the city of NY

The attorney I had keep telling me he was trying to settle my case but I believe he did nothing. There was never a update on my case. The said attorney has been suspended in 2020 and has been still acting as my attorney. He told me he was retiring and a friend of his will take over the case and... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 25, 2022

As my colleague correctly advised, you have an absolute right to look at your file. You do not need a HIPAA authorization to look at your own medical records. And you can retain any lawyer you wish. You can find many excellent personal injury attorneys using the Find a Lawyer tab on the JUSTIA... Read more »

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1 Answer | Asked in Car Accidents for New York on
Q: Geico falsified my accident report what can I do about it.

Geico falsified my accident report I have videos on the accident even the motorist told Geico that he was at fault.

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

Following a motor vehicle crash, a Police Accident Report is prepared by the police responding to the scene. If the crash resulted in personal injuries or property damage over $1,000, each motorist is required to fill out an MV-104, https://dmv.ny.gov/forms/mv104.pdf Each driver's insurance... Read more »

2 Answers | Asked in Wrongful Death for New York on
Q: What can I do if the hospital essentially played a part in my grandfather’s death?
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 16, 2022

I'm very sorry for your loss. As my colleague correctly advised, get copies of your grandfather's medical / hospital records and speak with an experienced personal injury attorney. You can find one using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that in New York, you... Read more »

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1 Answer | Asked in Wrongful Death for New York on
Q: Can a cousin file a wrongful death claim
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 10, 2022

Sorry for your loss. Generally speaking, a wrongful death lawsuit can only be brought by the duly-appointed representative of the estate, either the executor (if there was a Will) or administrator (if there was no Will). Although you can certainly file a petition to be appointed administrator,... Read more »

1 Answer | Asked in Civil Rights, Consumer Law, Personal Injury and Civil Litigation for New York on
Q: What is the legal process for pre action discovery via order to show cause?

I want to identify a defendant via order to show cause with an affidavit of support. Do I need a petition? If so, do I need to buy an index number? Can use the same index number in a lawsuit after the order to show in the same matter? Or do I have to buy a new index number?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 28, 2022

Yes, you will need to file a petition (for which you will need to purchase an index number) and move by Order to Show Cause for pre-action discovery (which can only be used to identify a defendant - not to find out if you actually have a viable case). You CANNOT use the same index number in the... Read more »

3 Answers | Asked in Family Law and Personal Injury for New York on
Q: My son was abused at george Jr Republic. I was advised by a judge to get a lawyer because i did testify on the record.

I did keep a journal of all his activities there. I also had the judge comment on why when there were incidents did the cameras not work??? True story

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 22, 2022

Sorry to hear what happened to your son. From what I can tell, it appears George Junior Republic is located in Pennsylvania. Which means you'll need to speak with an attorney from Pennsylvania. You can find many excellent lawyers using the Find a Lawyer tab on the JUSTIA homepage.

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2 Answers | Asked in Personal Injury for New York on
Q: A lawsuit in New York state supreme court involving 10 people.

A lawsuit in New York Supreme Court. The judge rules to send the lawsuit into arbitration. After three years the arbitrator's rule on what each individual will receive. One of the individuals in a lawsuit is not happy with what he is going to receive. Does that individual have any rights to... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 22, 2022

The individual who is unhappy with the arbitrator's award could move to vacate or modify the arbitrator's award. The CPLR sets forth the various ways in which that can be done, https://law.justia.com/codes/new-york/2014/cvp/article-75/7511/ That said, absent some impropriety on the part... Read more »

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1 Answer | Asked in Personal Injury and Legal Malpractice for New York on
Q: My attorney stated he could not mail me my case file from NY to PA because it's a HIPAA violation. Is that true.?

I have a case that's been going on since 1991 against the city of NY. I don't believe my attorney is handling it accordingly. He refuses to send me

my case file. There hasn't been any progress on my case and keeps trying to assure me everything's OK. He's sent me... Read more »

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

Sorry to hear your attorney is refusing to turn over your file. You have an absolute right to get a copy of it.

HIPAA does NOT prevent your attorney from mailing you a copy of your own file; HIPAA governs the disclosure of protected / confidential medical information to unauthorized third...
Read more »

2 Answers | Asked in Personal Injury for New York on
Q: If I got a settlement for a legit injury (slip and fell) lawsuit, can my insurance company go after what they paid?
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 18, 2022

Yes, it can. You have a written contact with your insurance company which probably contains a right to reimbursement. This basically means that if another party causes you injury for which you receive a settlement, you are required to use the settlement proceeds to pay back your insurance company... Read more »

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2 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: I want to sue my psycho-therapist and her supervisor a Psychiatrist. I live in Brooklyn NY

I live in Brooklyn NY I want to sue my psycho-therapist and her supervisor, they discontinued my care, without just cause I filed a complaint with Patients Relation and received a letter of apology stating the determination of my care was wrong and should not have happened. I have since suffered... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 5, 2022

Sorry to hear what you've been going through. In any malpractice lawsuit, you need to show that the medical professional departed from the accepted standard of care and that the departure caused you injury. Given the cost of bringing such a lawsuit, however, they only make sense if... Read more »

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