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Questions Answered by Michael H. Joseph
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/

1 Answer | Asked in Admiralty / Maritime for New York on
Q: I was recently injured while working on a shipping vessel. How soon do I need to sue my boss?
Michael H. Joseph
Michael H. Joseph answered on Sep 24, 2017

It depends on how serious your injuries are and whether they are paying your maintenance

1 Answer | Asked in Admiralty / Maritime for New York on
Q: I completed my work offshore on a vessel three weeks ago, and I still have not been paid. What can I do?
Michael H. Joseph
Michael H. Joseph answered on Sep 1, 2017

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.

2 Answers | Asked in Landlord - Tenant and Personal Injury for New York on
Q: I fell in my apartment building and now I have a ankle injury can I sue my landlord
Michael H. Joseph
Michael H. Joseph answered on Aug 31, 2017

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.... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: i am a us citizen in nyc my fiance live in honduras and i would like to bring him to the usa

I would like to know the best choice for him to get his visa

Michael H. Joseph
Michael H. Joseph answered on Aug 25, 2017

You could file a fiance visa, when he enters the country you have 90 days to get married and submit an application to adjust his status to permanent resident. To have the fiance visa approved, you should gather as much proof as you can to show that the relationship is legitimate, i.e,. photos of... Read more »

1 Answer | Asked in Admiralty / Maritime for New York on
Q: What is the statute of limitations under the Jones Act for injuries at sea?
Michael H. Joseph
Michael H. Joseph answered on Jul 20, 2017

With certain exceptions for government owned vessels, it is three years.

4 Answers | Asked in Criminal Law and Personal Injury for New York on
Q: I was assaulted almost 2 years ago by my ex. I still have ongoing neurological issues, as well as ptsd, can I sue?

I realize the time for suing for the actual assault was one year... . however this was a brutal assault which left me for out of work for 2.5 months and I continue struggling at work due to the multiple concussions, memory issues, I get headaches, my right hand never fully recovered, and I still... Read more »

Michael H. Joseph
Michael H. Joseph answered on Jul 19, 2017

It depends. In New York, the general statute of limitations for an intentional act, like a battery is one year, but there is a crime victim statute, which applies if he was convicted of a crime, allows you to sue up to seven years after the incident.

www.newyorktriallawyers.org

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3 Answers | Asked in Personal Injury for New York on
Q: is it worth filing a civil personal injuries complaint against someone if you already know he doesn´t have the money?
Michael H. Joseph
Michael H. Joseph answered on Jul 9, 2017

Sometimes it is. If they have insurance or a decent job, then you could take it out is their wages.

www.newyorktriallawyers.org

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1 Answer | Asked in Admiralty / Maritime for New York on
Q: If I'm injured on a dock, does the Jones Act cover me or is this more the purview of a traditional personal injury

lawsuit?

Michael H. Joseph
Michael H. Joseph answered on Apr 21, 2017

It depends. The Jones Act only covers sailors. If you are a dockworker you are covered under the Longshore Harbor Workers Act.

2 Answers | Asked in Car Accidents for New York on
Q: Do I have any additional recourse if I'm the victim of a car accident where the other driver was uninsured and my

insurance won't cover all of my medical bills?

Michael H. Joseph
Michael H. Joseph answered on Mar 3, 2017

Yes, you can pursue uninsured motorist benefits through your own insurance company's policy. Every insurance policy in New York State has to have coverage to protect you against uninsured motorists. Also your medical bills get paid through your own company's no fault coverage, not the... Read more »

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1 Answer | Asked in Admiralty / Maritime for New York on
Q: If an accident occurred on a cruise ship that is sailing off the coast of New York (not docked), do I have to file the

suit against the cruise ship in a New York court?

Michael H. Joseph
Michael H. Joseph answered on Feb 15, 2017

Read your ticket. They usually have a clause stating where you have to file a lawsuit

3 Answers | Asked in Car Accidents for New York on
Q: I was injured in a car accident. Does the insurance adjuster have any say in my medical treatment?
Michael H. Joseph
Michael H. Joseph answered on Feb 12, 2017

They cannot tell you where to go or where to get treatment. All they can do is dispute the bills after they have you examined by one of their own doctors

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2 Answers | Asked in Personal Injury for New York on
Q: Can I sue for pain and suffering?

someone slashed my hands I'm unable to work or go to school and might have lost Feeling in my right hand

Michael H. Joseph
Michael H. Joseph answered on Feb 11, 2017

You can sue whoever slashed them

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3 Answers | Asked in Personal Injury for New York on
Q: What does having no fault insurance mean?
Michael H. Joseph
Michael H. Joseph answered on Feb 5, 2017

No fault insurance is the basic insurance that every vehicle in New York is required to have. It pays for an injured persons lost wages and medical care

www.newyorktriallawyers.org

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3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I was recently in a serious car accident. I am thinking of suing the other driver. What kind of damages can I receive?
Michael H. Joseph
Michael H. Joseph answered on Jan 31, 2017

You can get medical benefits and lost wages from the insurance company for the car that you were in. Also you can get pain and suffering damages from the insurance company for the car that was at fault for the accident. The amount depends on the nature and severity of the injuries

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