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Questions Answered by Michael H. Joseph
2 Answers | Asked in Personal Injury for New York on
Q: What happens If the defendant is nowhere to be found?

My lawyer informed me that the reason my lawsuit has been dragged out for so long is due to an awol defendant. It was a car accident that was his fault and caused me to have cervical fusion surgery . It has been 6 yrs and the defendant has not complied with anything and has completely vanished.

Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Jun 13, 2022

That isn't a great answer. These days there are investigators that can find most people. If he can't be served, he can ask the Court for an order permitting service by publication or some other means. If he was served and he disappeared, you can just move for summary judgment based upon... View More

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4 Answers | Asked in Personal Injury for New York on
Q: Can we sue the state for a drain cover that's slightly protruded from the ground?

My mother in law tripped over it and fell on her face, she got pretty bruised up. She said she almost tripped on it on a separate occasion as well. She ended up in the hospital with major bruising on her face. Is there anything she could do about it?

Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Jan 18, 2021

If the drain is not flush with the surrounding sidewalk, and it is a trip hazard, you can probably sue. I would take pictures right away and measure the height differential. Also, the State of NY, may not be the proper party, many utility companies have manholes and the City of NY has alot also. So... View More

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2 Answers | Asked in Business Formation, Business Law, Civil Litigation and Real Estate Law for New York on
Q: How can I buy a land For my kids..kids will be shareholder of the new company..

Hi everyone..I am planning to buy a land (its in the commercial zone) for my 2 kids..I want them to be owner of the property..The problem is they are just kids, 5 and 7 years old..and I divorced long time ago.. I have joint custody with my ex..my kids are not living with me..My ex has the physical... View More

Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Nov 17, 2020

Probably, creating a family trust is the best option to suit your needs.

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4 Answers | Asked in Personal Injury and Environmental for New York on
Q: So if someone is a alcoholic and falls in a building stairs , breaks back of his head can you sue the building ?
Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Oct 5, 2020

It depends. If the person fell because of a dangerous condition, such as a broken step, the fact that they are an alcholic, does not prevent them from suing. But if they were drunk at the time, that certainly would indicate some comparative fault, which would reduce their recovery.

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3 Answers | Asked in Consumer Law, Criminal Law and Personal Injury for New York on
Q: Is it illegal to recorded a telephone conversation without the other party involved consent or known in NYC?
Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Aug 1, 2020

No, New York is a one party consent state. So as long as one party knows it is fine.

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1 Answer | Asked in Personal Injury for New York on
Q: A coworker attacked me with a knife, on the job. Is my company. Liable?
Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Jul 12, 2020

You are entitled to worker’s compensation benefits but you can also sue the co-worker, however you cannot sue the employer

2 Answers | Asked in Medical Malpractice for New York on
Q: Recently I was prescribed medicine from my doctor that I am allergic to and I ended up with hives.Can the doctor be sued

The doctor knew about the allergy and gave me the medicine under a different name.

Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on May 26, 2020

In general, there is probable malpractice case if the doctor knew you had an allergy, and prescribed you medication that you were allgeric to. But as a matter of reality, due to the costs of litigation, the case is not worth bringing unless there was a significant reaction or some permanency. If... View More

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2 Answers | Asked in Medical Malpractice for New York on
Q: Can I sue the hospital for wrongfully sending me home while having a miscarriage ?
Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on May 4, 2020

Possibly, If the failure to provide medical aid resulting in the loss of the baby, which would not have occurred or some complication because of the lack of treament. For medical malpractice you have to show not only that the hospital did not provide proper treatment, but that you suffered some... View More

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2 Answers | Asked in Civil Litigation for New York on
Q: There is a judgement against me, but I was improperly served. How can I get the judgement vacated?
Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Oct 15, 2019

You can make a motion to vacate the Judgment on the basis of improper service of process.

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2 Answers | Asked in Personal Injury for New York on
Q: If a security from my building hit me , Can I sue
Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Aug 11, 2019

Yes. Any unauthorized physical contact is a battery

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4 Answers | Asked in Personal Injury for New York on
Q: Hello, I cannot afford a lawyer, but I need one for a slip and fall case. Bayside, NY 11360
Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Aug 8, 2019

If you are injured, most lawyers like myself who handle slip and fall cases, work on contingency, which means that you do not pay a fee unless you win or get a settlement and you do not pay up front.

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5 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: My daughter was hit by A car while crossing the street she had the light was in the crosswalk he was turning

Driver was issued a summons for failing to yield my daughter was taken to the hospital with a broken scapula. Other injuries as well can we sue?

Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Mar 26, 2019

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... View More

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2 Answers | Asked in Admiralty / Maritime for New York on
Q: As a boat owner, what are my legal obligations to guests on my boat if they slip and fall?
Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Sep 19, 2018

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.

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1 Answer | Asked in Personal Injury for New York on
Q: Injured while visiting a new york state park -- can I sue them?
Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Jun 5, 2018

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.

3 Answers | Asked in Admiralty / Maritime for New York on
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

injured due to the negligence of another contract worker. Is this true?

Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on May 30, 2018

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.

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1 Answer | Asked in Personal Injury for New York on
Q: Can I still sue another driver for injuries caused by a car accident if I wasn't wearing a seat belt?
Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on May 11, 2018

Yes. Not wearing a seatbelt may reduce your award but does not prohibit you from bringing a lawsuit.

2 Answers | Asked in Admiralty / Maritime for New York on
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

medical expenses instead?

Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on May 2, 2018

Yes. The employer and ship are both liable for a crew injury.

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4 Answers | Asked in Admiralty / Maritime for New York on
Q: If I am injured at sea, what type of medical benefits am I entitled to?
Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Apr 15, 2018

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... View More

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2 Answers | Asked in Admiralty / Maritime for New York on
Q: If I am injured within the ocean borders of another country but the vessel I was on is owned by someone in New York,

what law applies to my injury claim?

Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Mar 24, 2018

The US general maritime law

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1 Answer | Asked in Personal Injury for New York on
Q: Would my mother have a case if she fell in the bathrrom of a dialysis center?

My mother finished her session of dialysis and went to the bathroom. She fell and was on the floor for about 10 min until she was able to pull the cord. She was sent to the hospital and was told she has a fractured hip and needs surgery.

Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Mar 12, 2018

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... View More

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