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Questions Answered by Jonathan R. Ratchik
3 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for New York on
Q: Harassment and defamation from my job and they fired me today and I notified human resources department today as well

I need help

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 15, 2023

You can find many excellent attorneys who handle defamation and employment sexual harassment / discrimination cases on the JUSTIA homepage. Keep in mind that statements made in the context of your employment, even if untruthful, are generally privileged in the eyes of the law and not deemed... View More

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1 Answer | Asked in Car Accidents for New York on
Q: Will I lose my license if my ex boyfriend did a hit and run on another car and I never knew
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 9, 2023

No, you will not lose your license. Your boyfriend was the one operating your motor vehicle and would bear the consequences of leaving the scene. That said, if he was driving your vehicle with your permission and consent, you would be responsible for any harm he caused, e.g., property damage,... View More

1 Answer | Asked in Car Accidents and Municipal Law for New York on
Q: Can a towing hold your vehicle without your authorization? Non licensed motorist hit my car and the PO had it towed. NYS
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 7, 2023

If your vehicle was damaged as a result of the crash and was not drivable afterwards, then the police would certainly be authorized to tow it. It will remain impounded until such time as you pay the towing fee. Here's something I found online which you might find helpful,... View More

3 Answers | Asked in Personal Injury and Criminal Law for New York on
Q: I accidentally side swiped a outdoor restaurant seating structure on the street? There was no real damage no police repo

There was a person in the structure that was not in contact with my vehicle but claimed he was assaulted? He also took a picture of my license? Is that legal? And was that assault? He refused me calling medical attention

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 7, 2023

As my colleagues correctly advised, this incident sounds more like negligence than assault (which requires an element of intent). Report the matter to your insurance carrier and let them handle it. No real damage does not mean the restaurant did not sustain any damage for which you would be... View More

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3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: WAY back in 2005 or 2006 I was in a car accident that resulted in whiplash. It was deemed a no fault accident.

Now years obviously have passed and after all my initial PT and seeing a spine specialist who sent me to a chiropractor . The chiro seemed to have helped it for awhile and that was the last time I think I ever checked that box that this was from a no fault accident. I've had problems over the... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 4, 2023

Sorry to hear that you're still experiencing the after-effects of the crash. Unfortunately, the statute of limitations in New York is only three (3) years from the date of the incident. Which means your time in which to file a lawsuit expired a long, long time ago (assuming your prior... View More

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1 Answer | Asked in Health Care Law, Medical Malpractice and Personal Injury for New York on
Q: If I am an esthetician and my client has an allergic reaction, can I offer them Benadryl from my first aid kit?

Estheticians are not medically trained professionals, and this would be a single packed unopened packet to be offered for a client with histamine reactions.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 28, 2023

Yes, you can offer them Benadryl. Offer it to them and let them make their own decision as to whether or not to take it. Just make sure they are aware of the side effects / risks of the mediation, perhaps by having the warning label / package insert available for them to read. You are not a... View More

3 Answers | Asked in Civil Litigation for New York on
Q: I found my name online with unclaimed money from the state comptroller of NY reported by Coach Inc and it's for goods..

And services not received or paid for. The year it was first reported was 2008 and the next time was 2018. The name and address on the unclaimed money is as follows... It's more than $20. I believe it's about contracts and agreements lawyers in Queens NY. Can you please help me determine... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 25, 2023

The goods and services giving rise to your claim for unclaimed money are arguably irrelevant. Nor will the Office of the New York State Comptroller have such information. If you are entitled to the money, put in a claim for it. Here's something I found online which you might find helpful,... View More

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2 Answers | Asked in Personal Injury for New York on
Q: Had some molded items from a nebisqo and Nathaniel Frank's,from a distributor. And I'd like to see if there's a law suit

I ate the gram crackers and got sick no hospitalization. I also frequently purchas these items.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 28, 2023

Absent any injury from eating the moldy crackers, there'd be no basis for bringing a lawsuit. Report the matter to Nabisco or the distributor and ask for a refund and/or coupon towards your next purchase.

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1 Answer | Asked in Personal Injury and Landlord - Tenant for New York on
Q: How do I go about sue my neighbor for endangering my son

My son was attacked on the stairwell of my babysitter home

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 18, 2023

So sorry to hear what happened to your son. I'm assuming your son was attacked by someone other than the babysitter. If that's the case, you'd need to demonstrate that the attack was foreseeable and could have been prevented with reasonable security measures. A sudden, unforeseen... View More

2 Answers | Asked in Construction Law and Personal Injury for New York on
Q: Personal Injury Defense Changes Law Firm A Third Time In 4 Years

They Created Damage...Insurance Company accepted Liability Years Ago

Defendant caused several types of damages, causing health concerns

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

Not sure what your question is. An insurance carrier, like anyone else, can change its attorney at any time. Keep in mind that for in-house insurance attorneys, what might appear to be a "change in attorney" may, in fact, be just a change in name to reflect the name of the attorney who... View More

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2 Answers | Asked in Family Law, Personal Injury and Education Law for New York on
Q: Preschool left my son unattended by a major road not holding his hand or watching him for about a minute and I seen it

Me and two other people witnessed my son 4 years old walking near a major road with his group and his hand wasn’t being held and wasn’t being watched for about a minute and he could’ve went into the street and got hit by a car or something could’ve happened etc

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 12, 2023

The civil justice system only provides a remedy for harm that has occurred, not harm that might have occurred. Fortunately, your son was not harmed. Speak with the principal and teacher at your son's school and tell them what you observed so that it does not happen again (either to your son... View More

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2 Answers | Asked in Criminal Law and Personal Injury for New York on
Q: My mother was assaulted by someone a few months back. She cursed at a driver who the pulled over and assaulted her

tonight I was walking home and the culprits have reappeared and parked the car in question down the street. Her wrist has been injured since she was shoved and pushed to the ground by the female drive who exclaimed : Who's the b**** now!!! hahah and drove off.

Being a new yorker... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 12, 2023

Sorry to hear what happened to your mother. The act of pushing your mother was an intentional tort and had nothing to do with the operation of a motor vehicle. As such, insurance will not cover the the event. Best to report the matter to the police and let law them handle it. Your mother could... View More

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2 Answers | Asked in Car Accidents for New York on
Q: can a car legally drive in a bike lane in NYC
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 7, 2023

No, it cannot. Under section 4-12(p)(2) of the NYC DOT Traffic Rules, no person shall drive a vehicle on or across a designated bicycle lane except under certain circumstances such as entering or leaving a driveway, entering or leaving parking space, making a left turn, etc.... View More

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Q: I don't think this lawyer who represented me Signed as my Lawyer, is this a legal representation, to not be signed
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 7, 2023

You can certainly have an attorney-client relationship without a written retainer agreement. The better practice, however, is to have a written retainer agreement which sets forth the duties and responsibilities of both the attorney and the client. That said, if you are unhappy with your current... View More

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2 Answers | Asked in Personal Injury and Workers' Compensation for New York on
Q: I want to know if I have a 3rd party breach of duty lawsuit after getting injured on the job by an unprotected fan axel

I have images that will help explain the story

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 5, 2023

As you are probably aware, you cannot sue your employer for injuries sustained on the job - absent a grave injury, workers' compensation is your exclusive remedy. You could pursue a negligence action against the owner of the fan (if it's a different entity than your employer), or a... View More

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1 Answer | Asked in Elder Law for New York on
Q: Dr wants to transfer brother from hospital to nursing home. Dementia. How can he keep the 11 thousand he has in bank?

He is mild-moderate but knows he has some money. He has asked me to take it out the bank and save it for him. I am his POA. Is this allowed? They're going to take his social security and pension I know but what's in the bank is all he's got.

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

The acts you are allowed to perform on behalf of your brother, such as banking transactions, personal and family maintenance, financial matters, etc., are delineated in the Power of Attorney form he signed. That said, you cannot perpetrate a fraud on either Medicare or Medicaid and misrepresent... View More

3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: My dad died Aug 26,2022 due to a "simple surgery" the dr performing the surgery accidentally cut something else

without knowing. so the Dr sent him home. later that night he was in serve pain and the er left him waiting over 9 hours in the waiting room. My dad died very very painfully I have all the charts and records to show. My question is can I make this DR lose his license? He does not deserve to walk... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 28, 2023

I'm so sorry for your loss. Unless this physician has a history of harming his patients, it is unlikely that you will get this physician's license suspended. Here's a link I found online for filing such a complaint with the Georgia Composite Medical Board,... View More

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1 Answer | Asked in Personal Injury and Products Liability for New York on
Q: I ordered a drug reagent kit to test substances & it had no warnings, labels, etc and now I have 2nd sulfuric acid burns

So I ordered a drug reagent kit, it is used just for personal use to test drugs for illicit substances & other bad things that shouldn't be in there. There was no warning labels, there was instructions, but there was no dominant warning (small line), and no ingredient list whatsoever.... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 19, 2023

Sorry to hear what happened to you. Unless you've a significant, permanent injury, the time and expense of a products liability lawsuit against the manufacturer / distributor of this reagent product would not be justified. In the future, probably best to avoid products sold over the web that... View More

3 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: Is it reasonable for a lawyer to write a letter to a hospital requesting payment for surgeon etc, after an patient fell?

The 80 year old has Lewy Body Dementia. I can add several pages of details if need be.

I am the Health Care Proxy for the woman in question

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 12, 2023

Requesting payment for what reason? As my colleagues correctly advised, it is certainly reasonable (and to be expected) that an attorney will request, in writing, the complete medical chart that relates to a potential client. There is simply no other way to evaluate the merits of a case.... 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 press charges and sue?

Hi I was assaulted by a security guard at a music venue/ bar on May 28,2023. She and a group of people pulled me out to the street then they held me down while she stomped on my face and arms. She took over restraining me then repeatedly punched me for ten minutes in my face. Cops came and I was... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 8, 2023

Sorry to hear what happened to you. Whether you have a viable claim against the assailant's employer will depend on whether his actions and use of force were within the scope of his employment. If not, you will need to demonstrate that the music venue / bar had knowledge of his bad disposition... View More

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