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I have recently filed a police report for a sexual harassment/assault case and it is beginning investigation.
answered on Sep 30, 2024
Sooner rather than later. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Most offer a free initial consultation. Keep in mind that the statute of limitations for assault cases is only one (1) year from the date of incident.
I recently got into a car accident. I stopped at the stop sign (two way stop) saw nothing went through intersection. As I’m almost out of the intersection a car t-bones me on the passenger side. My insurance found me liable because I had the stop sign. Does it make sense to file with the other... View More
answered on Sep 30, 2024
As my colleagues correctly advised, unless there's some reason to believe that the other vehicle was partially at fault for the happening the crash, there'd be no point in filing a claim with the other vehicle's insurance carrier. It will likely just deny your claim (especially if... View More
answered on Aug 28, 2024
Whether a nursing home has insurance coverage is not generally available to the public. Such information would only be disclosed in the context of a lawsuit. You can find the owner of a nursing home, https://profiles.health.ny.gov/nursing_home/#5.79/42.868/-76.809
answered on Aug 28, 2024
Without any facts as to how the incident occurred, there's no way anyone can tell who was at fault. Generally speaking, a driver (new and experienced) has a duty to follow the rules of the road and to see what there is to be seen under the circumstances.
I work for the federal government. While I was not terminated, I was threatened with arrest, termination and suspension without pay and I firmly believe my rights were violated. There were Garrity violations and I again believe Federal Tort Claims Act violations involving my service superiors and... View More
answered on Aug 28, 2024
You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage.
As a federal employee, my Garrity rights were violated by agency investigators and my service superior(s). I experienced defamation of character when personnel without a need to know were sent sensitive emails directly related to the matter. I suffered physical and mental health harm as a result.... View More
answered on Sep 20, 2024
If you strongly believe you have a case, you should speak with an experienced employment attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage.
answered on Jul 5, 2024
Assuming you have to appear in court or before some administrative tribunal, you would likely be referred to as the respondent.
I was misdiagnosed with delusional disorder in psychiatric inpatient care. The very reason I was inpatient was because no one in my life believed I had chronic illnesses that plagued me for decades. They went out of control during this time because I was withdrawing from a medication I had been on... View More
answered on Jun 14, 2024
Sorry to hear what happened to you. As my colleague correctly advised, in any medical / psychiatric malpractice case, you need to demonstrate a departure from the standard of care and that the departure caused you harm. That said, emotional harm, without more, would likely not justify the time... View More
Misdiagnosed with Schizophrenia. Adverse effects from being prescribed wrong medication. Neurologist wrote that the chronic use of antipsychotic medication was the cause of my current health issues. I was on Invega Sustenna for two years for a condition that I never had. There's permanent... View More
answered on May 20, 2024
Yes, there are attorneys who handle psychiatric malpractice cases. You can find such attorneys using the Find a Lawyer tab on the JUSTIA homepage. Try looking for medical malpractice attorneys as psychiatric malpractice is simply a subcategory of medical malpractice.
I was informed to contact the NY Bar Association; however, I was informed that no one in NY handles psychiatric malpractice cases. I would like to confirm this information. I posted a previous question with more in-depth details. Unfortunately, that question was removed.
answered on May 20, 2024
Yes, there are attorneys who handle psychiatric malpractice cases. You can find many such attorneys using the Find a Lawyer tab on the JUSTIA homepage. Try looking up medical malpractice attorneys since psychiatric malpractice is a subcategory of medical malpractice.
DWI driver hit my car and I got injured badly, needed plate and screws(surgery), as I know so far that he was on a conditional license and he was not supposed to be driving, but this was his third time being behind the wheel and caused the accident, I currently have a personal injury case, but I am... View More
answered on Apr 19, 2024
Sorry to hear what happened to you. Unfortunately, I'm unaware of any recognized legal theory by which you could hold the State responsible for an individual's operation of a motor vehicle without a license, even a repeat offender. Moreover, before you can even bring a lawsuit against... View More
A settlement was reached and a check was apparently cut (according to my attorney) 4 years ago from the insurance company due to a lawsuit from a malpractice case from 2008. My uncle had a routine colonoscopy thay went left and eventually he passed. Its only me and a neice left and we were to split... View More
answered on May 1, 2024
Something doesn't sound right. An insurance company could not have issued a check unless you signed a release; and you would not have been permitted to sign a release without first getting approval from the Surrogate's Court. Schedule an appointment with your lawyer and ask him about... View More
answered on Jan 31, 2024
I'm so sorry for your loss. Nursing home residents suffered tremendously during the Covid pandemic. Unfortunately, Albany passed legislation (the Emergency or Disaster Treatment Protection Act) granting nursing homes immunity for negligence during the pandemic. It was partially rolled back... View More
answered on Jan 8, 2024
A subpoena needs to describe the document or item requested with sufficient particularity as to enable the party served with the subpoena to produce the document or item. It does not need to include a copy of the document referenced in the subpoena itself.... View More
I’m 43 now, I was sexually abused by many people for many years, and missed the opportunities to get some justice, or is there something else I can do about that? If I can have some of the abusers admit will that help?
answered on Dec 22, 2023
Sorry to hear what happened to you. If you did not file a lawsuit before the expiration of the statute of limitations, there's nothing you can do from a civil litigation standpoint, even if your assailant has admitted to wrongdoing. There's been some talk about extending the Adult... View More
I was a guest at a chain hotel in Buffalo New York. Post stay, the manager of the hotel admitted on a phone call to sharing my room information, content specifics, damages (disability related), and state of the room with an unrelated third-party (my old employer). I would like to seek recourse... View More
answered on Dec 22, 2023
There is no inherent right to privacy in New York. And a hotel is not a covered entity under HIPAA which governs the disclosure of confidential medical information.
She has no insurance on the property that I am aware of. The tree that was struck was extremely tall, and near the house. They were told by an insurance co. to remove it years ago. She threatened to have me “ out on the street” if I contacted national grid to inspect the electrical system. She... View More
answered on Dec 22, 2023
Getting struck by lighting is arguably an Act of God for which your landlord is not responsible (and which no court in New York will likely hold responsible).
My toddler ran into the coffee table in our room at the Marriot hotel and the sharp edges cut her eyebrow deep so we had to take her to ER and she received a few stitches. We spend about 5 to 6 hours in the ER and are now getting big bills. Is Marriot responsible for the injury to their guest or is... View More
answered on Nov 13, 2023
Sorry to hear what happened to your daughter54cx. Based upon your description, you haven't identified any negligence on the part of Marriott which caused or contributed to your child's injury. Hotels that do not cater to children are arguably under no duty to baby-proof their rooms or... View More
I asked my lawyer if he, or someone in his office, would go over the medical tests, with me,
that he suggested I have. My question was never answered. I even sent a follow up email and it was ignored. The only thing i could think is, it is a dumb question to ask. If it is I'm missing... View More
answered on Nov 13, 2023
Lawyers are not doctors. If you have a question about the results of a medical test you underwent (or a medical test you are planning to undergo), the best person to ask is the prescribing physician, not your lawyer.
I got juvederm lip fillers last week and the top lip where I believe is called the vermillion border almost on top of the pink color of the lip is all raised out and I look like I have a duck top lip almost. There are lumps also under the lip as well and the bottom lip also has a purplish color on... View More
answered on Nov 7, 2023
Sorry to hear what happened to you. Unfortunately, as my colleague correctly advised, a bad outcome, without more, will not support a medical malpractice case, especially one arising out of a cosmetic procedure. Rather, you need to demonstrate a departure from the standard of care and an injury... View More
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