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I live in New York, and was driving to work today when a lady that claimed I cut her off rammed into the back of my car (I have front and rear dash cams). It was severe enough to require my car to be towed. She had 2 young children in her Range Rover when she did this. She was admitting that it... View More 
answered on Jun 10, 2022
Sorry to hear what happened to you and your vehicle. Can you pursue legal action? Yes. That said, if the driver intentionally hit your car from behind, her insurance carrier is going to disclaim coverage. As a matter of public policy, insurance companies do you cover intentional torts. And... View More
I am the guardian of an incapacitated person (my father). The lawyer assigned to this case chose to not communicate at all. The incapacitated person will no longer benefit from this lawsuit as his present physical and mental condition have worsened and will only get worse as time goes on until he... View More
answered on Jun 1, 2022
As the guardian of the incapacitated person / plaintiff, you certainly have the right to discontinue the case, regardless of whether it's meritorious. Of course, this will mean that your father's attorneys will not get compensated for any of the work they put into the case (and will... View More
Hello,I was wondering what other platforms there are such as this one especially in NY to obtain an attorney for a medical malpractice suit. I am disabled and its quite hard to communicate.
Thank you
answered on Jun 1, 2022
You can find many excellent malpractice lawyers using the Find a Lawyer tab on the JUSTIA homepage. You can also try AVVO, Martindale, Super Lawyers and Find Law, all of which have lawyer directories searchable by practice area. Lastly, your local bar association probably has a legal referral... View More
I'm going to give a hypothetical,an example. Let's say you go to get your car detailed,the guy says ok,come back tonight to get it,you go back later. The car is detailed but now the engine is missing and the guy tells you he doesn't know what you're talking about. Now it's... View More
answered on Jun 1, 2022
Before a lawyer can file a medical malpractice lawsuit in New York, the attorney must have the case reviewed by one or more qualified experts and certify to the court that the lawsuit has merit. This costs $$$. If an attorney reasonably believes that your case has merit, the lawyer will obtain... View More
The attorney I had keep telling me he was trying to settle my case but I believe he did nothing. There was never a update on my case. The said attorney has been suspended in 2020 and has been still acting as my attorney. He told me he was retiring and a friend of his will take over the case and... View More
answered on May 25, 2022
As my colleague correctly advised, you have an absolute right to look at your file. You do not need a HIPAA authorization to look at your own medical records. And you can retain any lawyer you wish. You can find many excellent personal injury attorneys using the Find a Lawyer tab on the JUSTIA... View More
Geico falsified my accident report I have videos on the accident even the motorist told Geico that he was at fault.
answered on May 20, 2022
Following a motor vehicle crash, a Police Accident Report is prepared by the police responding to the scene. If the crash resulted in personal injuries or property damage over $1,000, each motorist is required to fill out an MV-104, https://dmv.ny.gov/forms/mv104.pdf Each driver's insurance... View More
answered on May 16, 2022
I'm very sorry for your loss. As my colleague correctly advised, get copies of your grandfather's medical / hospital records and speak with an experienced personal injury attorney. You can find one using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that in New York, you... View More
answered on May 10, 2022
Sorry for your loss. Generally speaking, a wrongful death lawsuit can only be brought by the duly-appointed representative of the estate, either the executor (if there was a Will) or administrator (if there was no Will). Although you can certainly file a petition to be appointed administrator,... View More
I want to identify a defendant via order to show cause with an affidavit of support. Do I need a petition? If so, do I need to buy an index number? Can use the same index number in a lawsuit after the order to show in the same matter? Or do I have to buy a new index number?
answered on Apr 28, 2022
Yes, you will need to file a petition (for which you will need to purchase an index number) and move by Order to Show Cause for pre-action discovery (which can only be used to identify a defendant - not to find out if you actually have a viable case). You CANNOT use the same index number in the... View More
I did keep a journal of all his activities there. I also had the judge comment on why when there were incidents did the cameras not work??? True story
answered on Apr 22, 2022
Sorry to hear what happened to your son. From what I can tell, it appears George Junior Republic is located in Pennsylvania. Which means you'll need to speak with an attorney from Pennsylvania. You can find many excellent lawyers using the Find a Lawyer tab on the JUSTIA homepage.
A lawsuit in New York Supreme Court. The judge rules to send the lawsuit into arbitration. After three years the arbitrator's rule on what each individual will receive. One of the individuals in a lawsuit is not happy with what he is going to receive. Does that individual have any rights to... View More
answered on Apr 22, 2022
The individual who is unhappy with the arbitrator's award could move to vacate or modify the arbitrator's award. The CPLR sets forth the various ways in which that can be done, https://law.justia.com/codes/new-york/2014/cvp/article-75/7511/ That said, absent some impropriety on the part... View More
I have a case that's been going on since 1991 against the city of NY. I don't believe my attorney is handling it accordingly. He refuses to send me
my case file. There hasn't been any progress on my case and keeps trying to assure me everything's OK. He's sent me... View More
answered on Apr 20, 2022
Sorry to hear your attorney is refusing to turn over your file. You have an absolute right to get a copy of it.
HIPAA does NOT prevent your attorney from mailing you a copy of your own file; HIPAA governs the disclosure of protected / confidential medical information to unauthorized third... View More
answered on Apr 18, 2022
Yes, it can. You have a written contact with your insurance company which probably contains a right to reimbursement. This basically means that if another party causes you injury for which you receive a settlement, you are required to use the settlement proceeds to pay back your insurance company... View More
I live in Brooklyn NY I want to sue my psycho-therapist and her supervisor, they discontinued my care, without just cause I filed a complaint with Patients Relation and received a letter of apology stating the determination of my care was wrong and should not have happened. I have since suffered... View More
answered on Apr 5, 2022
Sorry to hear what you've been going through. In any malpractice lawsuit, you need to show that the medical professional departed from the accepted standard of care and that the departure caused you injury. Given the cost of bringing such a lawsuit, however, they only make sense if... View More
Ex) a student injures a member of the public by engaging in reckless behavior
answered on Apr 4, 2022
Whether a school would be responsible for the actions of a student during a field trip would depend on whether the student had a history of prior similar behavior such that the conduct in question could have been foreseen and thus prevented. Or if there was sufficient time for a teacher or school... View More
What can be done so she can get proper treatment
answered on Mar 31, 2022
Sorry to hear what happened to your fiancé's daughter. As my colleague correctly advised, best for your fiancé to speak with an experienced personal injury lawyer. He can find many excellent personal injury lawyers using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that the... View More
This is in regards to medical malpractice. I had bicep tendon reattachment surgery on my left arm and I can’t twist my wrist. It’s been 10 weeks post surgery. I know people who have had the same surgery and they were able to twist their wrist weeks earlier. There is also numbness in my arm.... View More
answered on Mar 30, 2022
Although the surgeon could have made a mistake, your condition may also be an accepted and foreseeable risk of the surgery you underwent and not necessarily the result of malpractice. A bad outcome, without more, is not malpractice. As my colleague correctly advised, there is no way an attorney... View More
I am wondering what I should expect to be included in a settlement offer, and how a settlement amount is typically calculated. Also, should I expect my lawyer to discuss the details of my case expenses and damages with me before negotiations begin. Lastly, should my lawyer help advise me on how... View More
answered on Mar 15, 2022
Your attorney should certainly keep you informed of any settlement discussions and explain the reasoning behind his recommendation to accept or reject any offers. You might be surprised to learn that there is no magic formula by which to calculate the value of any case. Instead, there are many... View More
I was involved in a car accident on October 2020. I did not hire an attorney because the insurance company said they would take full responsibility, the report said we were both at fault even though the driver cut me off on the opposite side and hit my driver side, I was injured. Upon taking days... View More
answered on Mar 2, 2022
Your question is a bit confusing. Can the insurance company deny paying you for your time out of work? Yes, especially if you haven't established that your time out of work was due to the injuries you sustained as a result of the motor vehicle crash or did not submit the appropriate... View More
My car was park on the street
answered on Feb 25, 2022
I'm assuming from your question that your vehicle was parked when it was struck by another motor vehicle and was totaled. Unfortunately, under such circumstances, the other vehicle's insurance company is only responsible for the fair market value of your vehicle at the time of the... View More
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