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Questions Answered by Jonathan Damashek
1 Answer | Asked in Criminal Law and Car Accidents for Alabama on
Q: My car was involved in a hit and run with no leads two nights ago; man can to door today and confessed to the incident

My car was hit two nights ago and totaled and the person responsible fled the scene and we were unable to identify anyone responsible. A police report was filed. Today the man responsible came to our house and admitted fault and left his information. Because of the loan I had out for the car and... Read more »

Jonathan Damashek
Jonathan Damashek answered on May 10, 2016

The police should be notified immediately so they can generate an accident report. You should also call your insurance carrier and give them the information.

1 Answer | Asked in Animal / Dog Law for New York on
Q: I picked up a dog for free from a girl on FB but now I'm wondering if he was stolen. How do I know if he's stolen?

I have a question that I was wondering if anyone can help me. In one of my groups one of the Young lady's was giving we her dog away for w/e reason. So my husband and I went to pick up the dog which has been in my home since April 19th. When we went to see the dog he was bigger then I anticipated,... Read more »

Jonathan Damashek
Jonathan Damashek answered on May 6, 2016

The vet should be able to tell if the dog has been chipped. That would have the owner's info.

1 Answer | Asked in Car Accidents for New York on
Q: I was in a car accident. My friend came to the scene. On the police report it shows her name and she wasn't a passenger.

What should I do?

Jonathan Damashek
Jonathan Damashek answered on May 6, 2016

The police report can be corrected.

1 Answer | Asked in Civil Litigation for New York on
Q: Is there a time limit for a NY Supreme Court judge to rule on an order to show cause in civil case?

I have made an order to show cause, and almost two months have passed I have not received a ruling.

Jonathan Damashek
Jonathan Damashek answered on May 6, 2016

Unfortunately, no.

1 Answer | Asked in Civil Litigation for New York on
Q: where do I locate the decision reached on my case that was in court on 01-20-16

I sued a person for 8,000 have not heard the decision if I won . would it be listed somewhere

Jonathan Damashek
Jonathan Damashek answered on May 6, 2016

You can look online at the County Clerk's office or through the Unified Court System ecourts website.

1 Answer | Asked in Civil Litigation for New York on
Q: Can I transfer my case in court in the state of new yorkFrom syracuse ny To new york city
Jonathan Damashek
Jonathan Damashek answered on May 6, 2016

You can make a motion to change venue, but I would need more information why. Generally speaking if most of the witnesses are from a different venue that can be used as a reason. There are also a few other ways to change venue.

1 Answer | Asked in Legal Malpractice for New York on
Q: Can a judge disclose what his judgement was GOING TO BE, after a stip of settlement was just signed by both parties?

Can a judge disclose, to the parties, how he was going to rule IMMEDIATELY AFTER a stipulation of settlement was just signed by both parties? Is this considered misconduct, especially when it caused one of the parties great emotional distress and lasting mental effects? As I see it, there was no... Read more »

Jonathan Damashek
Jonathan Damashek answered on May 6, 2016

The short answer is yes.

1 Answer | Asked in Estate Planning, Criminal Law, Legal Malpractice and Probate for New York on
Q: What are the consequences for probate estate lawyers who commit perjury?
Jonathan Damashek
Jonathan Damashek answered on May 6, 2016

There are both criminal and civil consequences.

2 Answers | Asked in Workers' Compensation for Alabama on
Q: injured on the job in October out of work for a month. Then changed jobs at the beginning of the yearam I still covered?

Now having problems with injured shoulder. Trying to see if it is still covered by workers comp or not.

Jonathan Damashek
Jonathan Damashek answered on May 6, 2016

If the claim is still open.

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1 Answer | Asked in Workers' Compensation for New York on
Q: I fell off a hotel Van due to poor lightning. Since I was on a layover due to being a flight attendant. It's considered

Workmans comp. can I file a suit against the hotel?

Jonathan Damashek
Jonathan Damashek answered on May 6, 2016

Absolutely----you are just not permitted to sue your employer.

1 Answer | Asked in Workers' Compensation for New York on
Q: Can I switch from workers comp insurance to regular insurance for my injury if my Dr stops taking workers comp?

I finally found a Dr who actually helps my workers comp related injury but because of the restrictions she has stopped taking workers comp. I would like to have her continue to treat me for that injury. She takes my regular insurance. Can I have her use my regular insurance without any legalities?

Jonathan Damashek
Jonathan Damashek answered on May 6, 2016

If you do so, comp could cut off your benefits.

1 Answer | Asked in Insurance Bad Faith, Insurance Defense, Car Accidents and DUI / DWI for New York on
Q: Got a dwai in 2015, completed assessment & DDP but my insurance just doubled plus 3 points in April 2016. Why?

Arrested in 2014 for adwi, got dropped to dwai traffic violation. Took DDP course and assessment in 2015. Insurance just recently doubled plus added 3 points april 2016 when I thought that wouldn't happen due to completed request of court and payments up to date. I have certificate of completion.... Read more »

Jonathan Damashek
Jonathan Damashek answered on May 6, 2016

The insurance company is just finding out about your violation.

2 Answers | Asked in Personal Injury for New York on
Q: What is my personal liability if an accident occurred to a member of the public while performing work for my employer?

I work for a construction firm. A member of the public was injured while I was performing a work task. The person tripped on a piece of equipment I was using. Does my company's general liability insurance cover me? Can I be personally named in a possible suit?

The work was performed at... Read more »

Jonathan Damashek
Jonathan Damashek answered on May 6, 2016

Most likely you will not be brought into the case personally. Either way, if the accident happened during the scope of your employment, your employer's insurance should cover you. It shouldn't matter if you were performing a task outside of your job title----unless it is an intentional act, such... Read more »

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1 Answer | Asked in Consumer Law, Personal Injury and Real Estate Law on
Q: There was a fire next door, I don't have renter's insurance, if it was the neighbor's fault is their insurance liable

Are they liable for my damaged belongings even though I don't have renters insurance?

Jonathan Damashek
Jonathan Damashek answered on May 5, 2016

They could be held responsible.

1 Answer | Asked in Civil Rights for New York on
Q: Should my friend file a case against the police/city, or against the person who wrongfully accused him of "terrorism"?

Someone I know has been wrongfully and bogusly accused of suspected ties to terrorist activity. He is an American-born, South Asian male. There is no evidence against him and he has absolutely zero terrorist sympathy, but the ongoing police investigation has been causing him a lot of emotional... Read more »

Jonathan Damashek
Jonathan Damashek answered on May 5, 2016

It would depend on the facts of the case. I would need to know more such as whether he was arrested and the current status of any charges against him.

1 Answer | Asked in Appeals / Appellate Law and Civil Rights for New York on
Q: I was denied a pistol permit for being "untruthful on my application".

I didn't state that I was detained for an altercation 10 years ago when I was 16 years old. Being a minor it didn't accure to me that it was even on my record. An honest mistake not knowing how the system works. Is there anything I can do to appeal this decision?

Jonathan Damashek
Jonathan Damashek answered on May 5, 2016

That could be a basis for denying a permit.

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