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Questions Answered by Jonathan R. Ratchik
1 Answer | Asked in Criminal Law and Personal Injury for New York on
Q: How to do I go after someone for not telling me they have an STD?

I’ve read it’s illegal for someone to have herpes and not disclose that before getting intimate. I only ever found out because he is carrying around a bottle of the pills and I confronted him. How do I pursue charges for this?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 30, 2023

If you wish to press criminal charges against the individual (having intercourse while you are knowingly infected is a misdemeanor), you would have to report the matter to the police and see if they are willing to pursue. With regard to pursuing a civil lawsuit against the individual, if the... View More

1 Answer | Asked in Personal Injury, Gov & Administrative Law and Municipal Law for New York on
Q: How difficult is suing the City for property damages sustained by the FDNY after they couldn’t close a fire hydrant?

FDNY broke a hydrant after putting out a fire. The streets were flooded, Catch Basins and Sewers were clogged and there was no where for water to drain but into our all our basements causing extensive damage. Comptrollers Office just rejected our claims. Three property owners filed claims with the... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 27, 2023

Sorry to hear what happened to your property. Before you can formally sue a municipality such as the City of New York for negligence, you must first file a Notice of Claim within 90 days of the occurrence. Once you've filed a Notice of Claim (a prerequisite to any lawsuit), you have 1 year... View More

2 Answers | Asked in Estate Planning, Tax Law and Wrongful Death for New York on
Q: Can a wrongful death award arriving into sister's estate be divided in 3 (mother and 2 sisters)?

The estate I represent is winning a wrongful death award. My sister passed in an accident. Can the award be divided by the judge to benefit 3 people, (my mother, other sister and I) ? The interest of this would be that the award would not be taxable for anyone.

Thank you,

Claudia

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 27, 2023

So sorry for your loss. Under New York's Estates Powers & Trust Law § 4-1.1, if your sister passed away without any children, the entirety of the recovery would go to your mother. Of course, you can certainly petition the court to divide the settlement proceeds equally among yourself,... View More

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I still believe in my heart my car accident settlement doesn’t reflect the pain and suffering I went thru.

I was in car accident on 2021 at 100% NOT my fault. Other driver is already in prison. My injuries were severe. I had broken ankle broken femur bone hip and 3 broken ribs on left side of my body. It took me more than year to heal. I still have problem with lifting heavy objects and standing for... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 23, 2023

Sorry to hear what you went through. The "value" of any case is determined by a number of factors, including liability (who's at fault), damages (the nature and extent of your injuries) and oftentimes insurance coverage (both from the defendant's insurance and potentially your... View More

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1 Answer | Asked in Estate Planning, Personal Injury, Medical Malpractice and Probate for New York on
Q: Help Please, Is it normal for trustee to force me to sign documents such like auto loan, mortgage loan and etc?

I had a medical malpractice settlement money when i was a minor. My mother didn't tell me about my settlement money until i found out by a family member at 30-year-old. From what i understand is that my mother created a trust bank account when i was a minor and she is a trustee of that... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 22, 2023

If you had a medical malpractice lawsuit as a minor, the Court would have had to approve any settlement and would have issued an Infant Compromise Order. The Infant Compromise Order would have directed the settlement proceeds to be deposited in a bank account held jointly by an officer of the bank... View More

2 Answers | Asked in Personal Injury and Animal / Dog Law for New York on
Q: My mother was attacked by her neighbor's dog she wasn't bitten but sustained a fractured wrist when she fell backwards.

What legal action can I take on her behalf?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 20, 2023

Sorry to hear what happened to your mother. Whether your mom might have a viable case will depend on whether the dog's actions were foreseeable such that they could have been prevented. In New York, dog owners are strictly liable for harm caused by their dogs if they knew or should have... View More

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1 Answer | Asked in Personal Injury for New York on
Q: I’ve received online order with a alarm needle in it which caused injury. What I can do?

I ordered toddler clothes on Zara com. Which contained alarm needle. When I tried to pull the pant up on my daughter it sketched her and then sticked in to my finger. I texted zara and they refused to call, because I live outside of USA and they are asking USA number to contact. What I can do about... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 17, 2023

Sorry to hear what happened to your daughter. If you're worried that the needle was contaminated, take your daughter to a doctor and have her evaluated. With regard to Zara, you can try emailing their corporate headquarters and try to resolve the matter via email. Absent a more significant... View More

3 Answers | Asked in Personal Injury for New York on
Q: NY, workplace parking lot slip on ice. Severe ankle injury requiring surgery. Slip/Fall attorney? Workman comp? or both?

Slip caused 2 breaks, 1 fracture & dislocated ankle requiring 1 plate & multiple screws, 3 month recovery minimum. Workman comp issues are piling up - in home care, physical therapy, transportation to doctor etc. There are also many long-term personal losses and costs to my wife and I. So,... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 9, 2023

Sorry to hear what happened to you. If you fall took place while you were on the job, you should definitely start by speaking a workers' compensation attorney. Workers' compensation will pay for your time out of work and medical expenses. As to whether you might have a viable... View More

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3 Answers | Asked in DUI / DWI and Personal Injury for New York on
Q: Pro se representation

personal injury case. I have an extensive work already done - depositions taken, witnesses asked), an expert hired, medical seen, but haven't done it with the defense lawyer's side on their end. Can I still represent myself with these court procedings instead of going out and hiring an... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 22, 2023

Yes, you can still represent yourself if the defendant is represented by counsel. That said, as you are already aware, "A man who is his own lawyer has a fool for a client." Although you were able to adequately represent yourself when the defendant was not represented by counsel, you... View More

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1 Answer | Asked in Estate Planning, Civil Litigation and Probate for New York on
Q: Hi I'm a bene of trust set up in 2016.Under disability.can I petition Surrogate CourtNY,pro se, to remove disability?

Under disability w/ad litem appointed, can I petition to be heard by judge, conference, or written statement, if my disability is minor (ADD) and I disagree with ad litem's actions and coercive requests for waiver liability. Spendthrift trust, cash poor,no homeowners insurance(!?!#), failure... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 17, 2023

Can you petition Surrogate's Court to terminate your guardianship? Yes. Under New York's Mental Hygiene Law § 81.35, the incapacitated person can commence a proceeding to remove his or her guardian. Will you be successful on your own? Unlikely. You'd be better off retaining... View More

2 Answers | Asked in Personal Injury for New York on
Q: Is there a way to find out about a past injury settlement? I was injured in the early 70’s before turning legal age.

I live in NY and accident was in Pennsylvania. Settlement would have gone to my parents since i was under 18.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 13, 2023

The settlement proceeds from your settlement would likely have been deposited in a bank account held jointly by one of your parents and an officer of the bank. Once you reached the age of majority (18), the funds would have belonged to you and to you alone. If your lawyer is still around after... View More

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I was involved in an accident. Not at fault. The at fault driver retained a lawyer for serious permanent injuries.

At the accident he was walking around and reported no injuries. He merged into my lane 5 feet in front of my vehicle during a snow storm going slower than me. The speed limit was 55 and I was going no more than 40. causing me to rear end him and pushed me into a parked car. Will this go anywhere? I... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 10, 2023

That the other driver was walking around immediately following the incident, although relevant, is not dispositive as to whether he sustained a permanent injury from the collision. Many injuries, especially neck and back injuries, do not manifest themselves for several days following the initial... View More

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5 Answers | Asked in Bankruptcy and Car Accidents for New York on
Q: I was a pedestrian in Brooklyn when I got hit by a car exactly a month later the insurance filed for bankruptcy

The company already finished with the bankruptcy I signed settlement agreement for a certain amount already 3 months ago what is taking so long

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 9, 2023

If the insurance company which was going to pay your settlement filed for bankruptcy or went under, you will have needed to file a claim with the NY Liquidation Bureau which acts as a receiver for insolvent insurance companies, https://www.nylb.org/home.htm Although the NY Liquidation Bureau will... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for New York on
Q: I was put in a coma for 3 weeks without informed consent they lied on my medical records and lied to my fiance and mom

They told my fiance and mom they had to put me in the coma because I was threatening to hurt myself or others which was a total lie but in my medical records it says I had respiratory failure which was also a lie I ended up getting MRSA and pneumonia because they didn't clean the feeding tube... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 2, 2023

Sorry to hear what happened to you. If you wish to pursue a medical malpractice lawsuit, you will need to obtain copies of your medical / hospital records and speak with an experienced medical malpractice attorney so that they can have them reviewed by an appropriate expert. Almost all of them... View More

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for New York on
Q: A group of passengers & driver on a bus robbed me. Upon discovery, I left the bus. what legal course can i take?

on a greyhound bus going from nyc to raleigh, i had noticed odd behavior from a group of passengers. once I saw that this group was passing objects up the aisle like clockwork, i muttered under my breath 'theyre robbing people in plain sight'. the man, who was next to me, was involved in... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 31, 2023

Unless you can identify the passengers who robbed you, you do not have many options apart from reporting the matter to the police (which you did). With regard to legal action against Greyhound, the actions of the bus driver (assuming them to be true) clearly fall outside the scope of his... View More

2 Answers | Asked in Personal Injury and Workers' Compensation for New York on
Q: Is it legal in ny for a private citizen to seek a investigation compensation from plaintiff 4 irrefutable video evidence

I'm a private citizen who's surfaced indisputable online video evidence against defendants sworn testimony in an active slip & fall tort lawsuit. I have more than 600+ hours of personal time performing online research for a planned lawsuit against the same named defendant for a... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 30, 2023

If I understand you correctly, you have evidence which would be of use to plaintiff's counsel in a lawsuit and want to get paid for the time you spent compiling such evidence. Although you can certainly speak with plaintiff's counsel to discuss your proposal, unless you were retained /... View More

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3 Answers | Asked in Car Accidents and Civil Litigation for New York on
Q: My vehicle was totaled by a snow removal company. I have settled with my insurance company who charging back the snow

Removal company’s insurance. I had just paid off my vehicle when this incident happened.

Can a lawyer be able to recover the monies that I still have to pay out of pocket due to this incident?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 11, 2023

Generally speaking, if your vehicle was damaged due to someone else's negligence, you can recover the difference between its market value immediately before the collision and its market value immediately after it was damaged. You can also recover damages for the loss of use of your vehicle,... View More

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1 Answer | Asked in Personal Injury and Health Care Law for New York on
Q: A hospital told me my daughter died 11 years ago (2011) now in 2022 they are saying their records says she is not
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 10, 2023

Under the law, hospitals in New York are required to keep patient records for six (6) years after the date of discharge or, in the case of a minor, three (3) years after the patient reaches the age of 18; or at least six (6) years after the date of death.... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I learned that the cochlear implant was placed in wrong position after surgery, the cochlear implant and surgeon knew.

After the emergency surgery, the surgeon found out that my implant was wrongly placed over 20+ years which has led to injury to my ear area - based on the MRI finding as well as Cat Scan. It is suspected that CI company and surgeon knew about it and falsely reported that it was in the place but... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 2, 2023

Sorry to hear what happened to you. Unfortunately, New York State does not have a date of discovery rule for medical malpractice cases such as yours. Which means the statute of limitations (your time in which to bring a malpractice lawsuit) expired a long, long time ago, i.e. 2.5 years from the... View More

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2 Answers | Asked in Personal Injury for New York on
Q: In New York state supreme court in Albany County. Partial participation recorded at disposal. Means what?
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 21, 2022

As my colleague correctly advised, it means that not all of the parties have appeared in this action (or recorded their appearance electronically). If a party fails to record its appearance, it risks not receiving timely notifications from the Court and/or filings by other parties.

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