Assuming your daughter has automobile insurance, she should report the matter to her insurance company immediately. The insurance company will investigate the matter and, if your daughter is sued, assign counsel to defend her in the lawsuit and pay any judgment entered against her up to the limits... View More

Whether the bank bears any legal responsibility for the damage to your property will depend, in large part, on its relationship to the property on which the tree is located. That the bank has a mortgage on the property, without more, will unlikely give rise to any duty to maintain the property.... View More

It really depends. If the power line is your own personal line (as opposed a utility company's line), you could certainly recover the cost to repair the line and damages which are a reasonably foreseeable consequence of the incident. On the other hand, as plaintiff, you are required to... View More

You can certainly sue someone for defamation / slander if they are making false statements about you. In any defamation case, however, you have to prove that the false statements caused you damages. Moreover, unless your aunt has any assets worth pursuing, a successful lawsuit against her might... View More

Although not always the case, the inability to find a lawyer is oftentimes a reflection on the merits, or perceived merits, of your case. That said, you can find many excellent personal injury attorneys using the Find a Lawyer tab on the JUSTIA homepage. Almost all of them charge no fee for an... View More

It really depends on the context in which the term is used. In the context of litigation, it often arises when you are seeking to amend your pleading or theory of liability after the time in which to do so has expired. A court may deny your request if it will result in prejudice to the defendant,... View More

The actions of person who recorded your statement, although perhaps unethical, does not rise to the level required to bring an action for intentional infliction of emotional distress. Conduct that could support such a lawsuit must be so extreme and outrageous as to go beyond all possible bounds of... View More

You can check the County Clerk's office to see if a Stipulation of Discontinuance was ever filed (which is part and parcel of any settlement). You could also try contacting the Office of the Corporation Counsel (which represents the City of New York in most lawsuits brought against it).... View More

Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), the Court may dismiss a case if it determines that your Complaint, accepting every allegation as true, "fails to state a claim on which relief may be granted." In layman's terms, it means the Court is dismissing your case because the facts... View More

Sorry to hear what happened to you. Without minimizing what you've gone through, a rash that is perhaps lasting longer than it should will not justify the time and expense of a medical malpractice lawsuit. Moreover, amoxicillan is an accepted course of treatment for strep throat. Although... View More

So sorry for your loss. Although your mother's strokes may very well have been caused by the passing of your father, her physical injury is not actionable as your father's medical providers did not owe her a legal duty of care. A wrongful death action on behalf of your father (and... View More

According to the DMV website, "A New York State resident must have a Class M or Class MJ driver license or learner permit to drive a motorcycle. To get a motorcycle license, you must first get a motorcycle learner permit."... View More

A pathology report should be generated in connection with any operation / surgery. Keep in mind that a pancreatectomy entails the removal of part or all of the pancreas and which could explain why you still have a pancreatic tail and body.

If the case was dismissed because the amount in controversy did not exceed $75,000, the case should be remanded back to state court for further proceedings. On the other hand, if the case was dismissed on different grounds, i.e. on the merits, then the case will, in fact, be over.

Your question is unclear. As my colleague correctly advised, if you are already a plaintiff in a lawsuit, speak with your lawyer. He or she can best advise you about the status of your case and any proposed settlement. If, on the other hand, you are looking for a lawyer, you can find many... View More

You can find many excellent medical malpractice lawyers using the Find a Lawyer tab on the JUSTIA homepage. As you've been repeatedly advised, many attorneys will shy away from a case where the alleged malpractice is outside the 2.5 year statute of limitations window, even if the statute of... View More

There is no limit to how much money you can sue for. That said, unless the owner / operator has assets, recovering more than the available insurance can be exceedingly difficult and would likely require you to first obtain a judgment against the defendant (which given today's judicial system... View More

The NYSBA does not have a legal referral service for any of the counties in NYC. Every local bar association in NYC, however, has a legal referral service, such as the Bronx County Bar Association, the Brooklyn County Bar Association, Queens County Bar Association, etc. Almost all medical... View More

If you are in need of emergency, i.e. life saving, medical treatment, an emergency room is required by law to treat you. It is not, however, required to treat you for chronic, non-life threatening medical conditions. Here's something I found online which you might find useful,... View More

That the defendant has gone missing should not, standing alone, delay your case for years on end. If the defendant driver has not complied with court orders directing him to appear for deposition or with other discovery, your attorney can file a motion to either have his answer stricken or to... View More