Questions Answered by Michael H. Joseph

Q: My daughter was hit by A car while crossing the street she had the light was in the crosswalk he was turning

5 Answers | Asked in Car Accidents and Personal Injury for New York on
Answered on Mar 26, 2019
Michael H. Joseph's answer
Yes, but the first step is you need to file a no fault application with the insurance company for the car that hit your duaghter within 30 days of the accident. They are responsible for paying for her hospital and medical bills. You can find out the insurance company from the code on the police report. In addition, you can definitely sue the driver for your daughter's pain and suffering.

Q: As a boat owner, what are my legal obligations to guests on my boat if they slip and fall?

2 Answers | Asked in Admiralty / Maritime for New York on
Answered on Sep 19, 2018
Michael H. Joseph's answer
If they slip because of a dangerous condition, you could be held liable under the General Maritime Law. You should be aware that maritime law has recognized the lack of non-skid paint aboard a vessel to be a dangerous condition, since it is forseeable that the walking surfaces will get wet.

Q: Injured while visiting a new york state park -- can I sue them?

1 Answer | Asked in Personal Injury for New York on
Answered on Jun 5, 2018
Michael H. Joseph's answer
It depends on how you were injured. If you were injured because there was a dangerous condition or because a parks department employee was negligent, you can sue, but have to sue in the Court of Claims. You also have to file a notice of intent to file a claim within 90 days of the incident.

Q: I was injured on a fishing boat, but the boat owner is claiming they're not liable for my medical bills because I was

3 Answers | Asked in Admiralty / Maritime for New York on
Answered on May 30, 2018
Michael H. Joseph's answer
No. They are liable to pay maintenance and cure regardless of fault. Also you can sue the employer under the Jones Act for negligence of a fellow employee.

Q: Can I still sue another driver for injuries caused by a car accident if I wasn't wearing a seat belt?

1 Answer | Asked in Personal Injury for New York on
Answered on May 11, 2018
Michael H. Joseph's answer
Yes. Not wearing a seatbelt may reduce your award but does not prohibit you from bringing a lawsuit.

Q: If I was injured as a result of one of my crewmate's negligence but they have no assets, can I sue the ship owner for

2 Answers | Asked in Admiralty / Maritime for New York on
Answered on May 2, 2018
Michael H. Joseph's answer
Yes. The employer and ship are both liable for a crew injury.

Q: If I am injured at sea, what type of medical benefits am I entitled to?

4 Answers | Asked in Admiralty / Maritime for New York on
Answered on Apr 15, 2018
Michael H. Joseph's answer
If you were working aboard the vessel, you are entitled to cure, which means that your employer must pay your medical bills. Also you are entitled to maintenance, which is your basic living expenses while you are recuperating. You may also be able to sue your employer under the Jones Act or the General Maritime law, if you were injured because of a dangerous condition aboard the ship or negligence of the crew or captain.

Q: Would my mother have a case if she fell in the bathrrom of a dialysis center?

1 Answer | Asked in Personal Injury for New York on
Answered on Mar 12, 2018
Michael H. Joseph's answer
It depends on what caused her to fall. In general businesses are only liable if someone gets hurt because they were negligent. So for example, if there was a defect on the floor or the floor had just been mopped and there was no sign, then potentially, there could be a case. On the other hand, if she just fell, there probably isn't a case, unless they knew she was weak and needed to be escorted.

Q: A taxi driver crossed the double yellow and hit me. He then proceeded to hit another vehicle.

2 Answers | Asked in Car Accidents and Personal Injury for New York on
Answered on Feb 17, 2018
Michael H. Joseph's answer
You need to file a no fault Application with your insurance company right away so they will pay for your medical treatment. You can also sue the taxi driver. His excuses are nonsense because it is his responsibility to drive in a reasonable manner.

Q: What can you do to get compensation if you get hurt working on a cruise ship?

2 Answers | Asked in Admiralty / Maritime for New York on
Answered on Feb 1, 2018
Michael H. Joseph's answer
You are entitled to have your living expenses paid (maintenance) and your medical bills paid (cure). Also if you were injured because of a dangerous condition on a ship or a co-workers negligence, you can sue under the Jones Act for personal injuries and lost wages.

More information on the Jones Act is available at :

https://www.newyorktriallawyers.org/accidents-at-sea/

Q: Does maritime law govern personal injury lawsuits related to boat accidents at sea?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Dec 2, 2017
Michael H. Joseph's answer
If the injured person was employed on the vessel then Federal maritime law applies. If the boat was in state territorial waters both state and federal maritime law apply. If the boat is beyond the state territorial waters when the injury occurs then Federal maritime law applies

www.newyorktriallawyers.org

Q: My girlfriend came into the US with a tourist visa and we got married after a year.

1 Answer | Asked in Immigration Law for New York on
Answered on Nov 18, 2017
Michael H. Joseph's answer
You need to file a petition for alien relative and a petition to adjust status

Q: What should I do?

1 Answer | Asked in Criminal Law, Personal Injury and Car Accidents for New York on
Answered on Nov 18, 2017
Michael H. Joseph's answer
Burn a copy of the footage. Send it to the insurance company. If they don’t pay, sue them. Then forward a complaint to IAD that the cops falsified the report

Q: My husband was injured on the job - we feel the boat was unsafe

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Nov 1, 2017
Michael H. Joseph's answer
If your husband was employed on a vessel, he is entitled to maintenance, which is the amount of money that he needs to live (ie, shelter food), while he recovers, as well as Cure, which is the payment of his medical bills, and if there was a dangerous condition aboard a ship, he can sue under the general maritime law doctrine of unseaworthiness. There are a lot of maritime standards which are published by the American Society for Material and Standards (ASTM) which apply to ships. If the...

Q: How does a seaman sue his employer for the unseaworthiness of the vessel?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Oct 13, 2017
Michael H. Joseph's answer
Typically, a complaint must be filed in federal court under the general maritime law. More information, on the Jones Act and the General Maritime Law Doctrine of unseaworthiness can be found at

https://www.newyorktriallawyers.org/accidents-at-sea/

Q: I was recently injured while working on a shipping vessel. How soon do I need to sue my boss?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Sep 24, 2017
Michael H. Joseph's answer
It depends on how serious your injuries are and whether they are paying your maintenance

Q: I completed my work offshore on a vessel three weeks ago, and I still have not been paid. What can I do?

1 Answer | Asked in Admiralty / Maritime for New York on
Answered on Sep 1, 2017
Michael H. Joseph's answer
If your vessel went to a foreign port, there is a penalty wage statute, which gives you double wages for every date that they are not paid.

Q: I fell in my apartment building and now I have a ankle injury can I sue my landlord

2 Answers | Asked in Landlord - Tenant and Personal Injury for New York on
Answered on Aug 31, 2017
Michael H. Joseph's answer
It depends on what caused you to fall. If it was a dangerous condition like a broken stairs, then you can sue. Basically you have to provide that the owner was careless or negligent in the maintenance of the building, and that is what caused your fall. But you cannot sue just because you fell.

https://www.newyorktriallawyers.org/slip-trip-and-fall-accidents

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