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Questions Answered by Jonathan R. Ratchik
2 Answers | Asked in Personal Injury and Sexual Harassment for New York on
Q: What is the right time to look for a lawyer?

I have recently filed a police report for a sexual harassment/assault case and it is beginning investigation.

Jonathan R. Ratchik
Jonathan R. Ratchik
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.

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3 Answers | Asked in Car Accidents for New York on
Q: After a car accident, does it make sense to file a claim with the other parties insurance although mine found me liable?

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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

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1 Answer | Asked in Nursing Home Abuse for New York on
Q: Hello Where do I find the information of an insurance company of a Nursing home for NYC? Such holding proceeds.
Jonathan R. Ratchik
Jonathan R. Ratchik
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

2 Answers | Asked in Car Accidents for New York on
Q: if my son who a new drive has an accident with 2 other cars but no one got hurt. Who is responsible..
Jonathan R. Ratchik
Jonathan R. Ratchik
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.

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3 Answers | Asked in Personal Injury and Federal Crimes for New York on
Q: Good day. Simply, where can I locate attorneys in NYC to assist in filing a Federal case? I am the Plaintiff vs US Govt.

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

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 28, 2024

You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage.

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3 Answers | Asked in Personal Injury and Federal Crimes for New York on
Q: Federal Tort Claims Act violations by employer agency.

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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.

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2 Answers | Asked in Uncategorized for New York on
Q: What is a person called who contests a fine, objector?
Jonathan R. Ratchik
Jonathan R. Ratchik
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.

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2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can I sue for psychiatric misdiagnosis that caused emotional harm?

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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

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1 Answer | Asked in Medical Malpractice for New York on
Q: Are there any lawyers in the state of New York that handles special psychiatric malpractice cases?

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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.

1 Answer | Asked in Medical Malpractice for New York on
Q: Are there any lawyers that handle special psychiatric malpractice cases in NYS?

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.

Jonathan R. Ratchik
Jonathan R. Ratchik
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.

1 Answer | Asked in Car Accidents, Personal Injury and Civil Litigation for New York on
Q: I am looking forward for an attorney who is not scared to sue the county for injury sustained through car accident.

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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

4 Answers | Asked in Civil Litigation and Medical Malpractice for New York on
Q: Frustrating setting and not getting any real info from attorney about a settlement

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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

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1 Answer | Asked in Nursing Home Abuse for New York on
Q: my dad was in a nusing home and died during the 2020 of covid he never was sent to a hospital
Jonathan R. Ratchik
Jonathan R. Ratchik
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

1 Answer | Asked in Personal Injury and Insurance Defense for New York on
Q: Must a subpoena include "the annexed document" referred to in the subpoena? This is NY, the Supreme Court.
Jonathan R. Ratchik
Jonathan R. Ratchik
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

1 Answer | Asked in Personal Injury and Sexual Harassment for New York on
Q: Hi! Hru? Hope all is well! Ty! In New York the Adult victims act just expired, and last year the child victim’s act

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?

Jonathan R. Ratchik
Jonathan R. Ratchik
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

1 Answer | Asked in Civil Rights, Personal Injury, Civil Litigation and Landlord - Tenant for New York on
Q: If my personal and disability information was shared and admitted to being shared what kind of attorney do I need?

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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.

3 Answers | Asked in Landlord - Tenant and Personal Injury for New York on
Q: Is my landlord responsible for my medical bills- I was struck by lightning on her property.

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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).

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2 Answers | Asked in Personal Injury for New York on
Q: Is Marriot hotel responsible for my toddler injury while we stayed there?

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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

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4 Answers | Asked in Personal Injury for New York on
Q: Is there any stupid questions and is this one of them?

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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.

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4 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: I got lip fillers a week ago and above my top lip is sticking out like a duck the place is refuses to fix it for me

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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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