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Questions Answered by Michael H. Joseph
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
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
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
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
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... Read 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
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
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
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
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
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
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... Read 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
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
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... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: A taxi driver crossed the double yellow and hit me. He then proceeded to hit another vehicle.

My rear wheel was sheered off and unable to move. His claim was he swerved to get around another car (there was no car infront of him) and then it changed to “i have diabetes and havent eaten”

I have severe neck and back pain from the side impact, what are my options?

Michael H. Joseph
Michael H. Joseph answered on Feb 17, 2018

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.

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2 Answers | Asked in Admiralty / Maritime for New York on
Q: What can you do to get compensation if you get hurt working on a cruise ship?
Michael H. Joseph
Michael H. Joseph answered on Feb 1, 2018

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...
Read more »

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1 Answer | Asked in Admiralty / Maritime for New York on
Q: Does maritime law govern personal injury lawsuits related to boat accidents at sea?
Michael H. Joseph
Michael H. Joseph answered on Dec 2, 2017

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... Read more »

1 Answer | Asked in Immigration Law for New York on
Q: My girlfriend came into the US with a tourist visa and we got married after a year.

I am a green card holder and I am curious about what’s the best way to do in order for my wife become a permanent resident. Should I wait for my citizenship first then apply petition for her or I could file the petition now? I am like a year and half more to go before being eligible to apply for... Read more »

Michael H. Joseph
Michael H. Joseph answered on Nov 18, 2017

You need to file a petition for alien relative and a petition to adjust status

1 Answer | Asked in Criminal Law, Personal Injury and Car Accidents for New York on
Q: What should I do?

I happened to cross a yellow traffic light going straight in an intersection where the car I collided with drove thru a red traffic light and even if it was green he didn’t attempt to stop where he was going 40 to 50 mph in a 25 mph zone

as I was watching the footage I came to see that... Read more »

Michael H. Joseph
Michael H. Joseph answered on Nov 18, 2017

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

1 Answer | Asked in Admiralty / Maritime for New York on
Q: My husband was injured on the job - we feel the boat was unsafe

-- is there some place to go to look up standards for this?

Michael H. Joseph
Michael H. Joseph answered on Nov 1, 2017

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... Read more »

1 Answer | Asked in Admiralty / Maritime for New York on
Q: How does a seaman sue his employer for the unseaworthiness of the vessel?
Michael H. Joseph
Michael H. Joseph answered on Oct 13, 2017

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/

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