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.
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
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?
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
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
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.
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
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
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
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.
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.
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
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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.