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Questions Answered by Jonathan R. Ratchik
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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3 Answers | Asked in Personal Injury for New York on
Q: Judgment reached years prior now new injuries occurring due to original case can I open a new counter case

Recent judgment on civil case can I open the case again due to New Evidence of injuries they just emerged nerve damage

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

If you already had a lawsuit in which you alleged that a person or entity caused you to sustain personal injuries, you cannot bring a second lawsuit against the same person or entity for new or unknown injuries arising out of the same occurrence for which you originally sued. Moreover, the statute... View More

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2 Answers | Asked in Personal Injury and Workers' Compensation for New York on
Q: I hired someone to paint my house, but he fell of the ladder. what is my responsibility ?
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 28, 2022

It really depends on why the worker fell off of the ladder. If there was nothing wrong with the ladder, your legal liability would be very limited as New York Labor Law § 240 does not apply to the owners of one- and two-family dwellings (unless you directed or controlled the work). If there was... View More

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1 Answer | Asked in Education Law and Health Care Law for New York on
Q: I do not want the vaccine but it's mandatory for in-person classes. Is my right to education & health protected?

Hey, I am from NYC, CUNY colleges are mandating vaccines to return to in-person classes. Online learning hinders my ability to perform well and isolation from a student environment is affecting my social skills and mentally challenging me. I am emotionally out of touch with the rest of the world... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 23, 2022

You're fighting a losing battle. The Supreme Court of the United States has, on multiple occasions, rejected challenges to NYC's vaccine mandate for municipal employees. A challenge to a mandate requiring CUNY students to be vaccinated for in-person learning would likely meet the same... View More

2 Answers | Asked in Personal Injury for New York on
Q: Can I get out of my contract with a lawyer even though my case is still pending
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 18, 2022

You have a right to change lawyers at any time, for any reason. If you are not satisfied with your current legal representation, find a new lawyer. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that your new lawyer will have to reimburse... View More

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3 Answers | Asked in Car Accidents for New York on
Q: During my driving class, a commercial truck hit me on the turn and I got injured.

Today during my first driving class, a commercial truck drove from my left trying to go around me and turned on the right hitting the car I was in. I have sprained shoulder and strained lumbosacral strain. It clearly was the fault of the driver on the truck.

What should I do? Besides the... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 17, 2022

Sorry to hear what happened to you. As my colleagues correctly advised, speak with an experienced personal injury attorney. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that in order to recover damages for "pain and suffering",... View More

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2 Answers | Asked in Car Accidents for New York on
Q: I have a case of a car accident filed around January 29, 2020. I have no heard from my lawyer. What should I do?

spend time at the lawyers office on a deposition but that is all

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 17, 2022

Call your lawyer over the phone and make an appointment to see him or her in person. Also, you can always check New York State's electronic filing system to see if your lawyer ever started a lawsuit on your behalf, https://iapps.courts.state.ny.us/nyscef/CaseSearch Keep in mind that the... View More

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2 Answers | Asked in Car Accidents and Traffic Tickets for New York on
Q: My 70 yr old brother blacked out from coughing while driving his comm. truck. He was injured and taken to the E.R.

for evaluation. He received in the mail a ticket for improper lane change. Drove 3 hours to PA from NY only to be told court date was postponed because trooper had surgery two weeks prior. Should ticket have been dismissed or even issued in the first place? Brother is concerned for points on... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 3, 2022

It sounds like there's more to this story. If your brother had blacked out while coughing, he would likely have crashed his truck, not just changed lanes. That the trooper did not show up for the court appearance would not warrant dismissal of the ticket, especially if it was the first time... View More

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