Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Jonathan Damashek
1 Answer | Asked in Education Law, Criminal Law, Juvenile Law and Personal Injury for New York on
Q: My girlfriend is getting bullied at her school and the school won't do anything about it. Isn't that illegal?
Jonathan Damashek
Jonathan Damashek answered on May 5, 2016

It's most likely not illegal. However, the school might be open to liability depending on the facts of the case.

1 Answer | Asked in Personal Injury for California on
Q: can I sue my ex for giving Me an std?

A week after we broke up I tested positive for chlamydia. I asked my ex about it he got defensive and ended up Changing his phone number shortly after.A Month later he shows me his negative test results but the test was taken 3 weeks after I found out. Going back to the day we broke up, for 2 weeks... Read more »

Jonathan Damashek
Jonathan Damashek answered on May 5, 2016

Yes, if he knew he was infected.

1 Answer | Asked in Education Law and Personal Injury for Illinois on
Q: If my dorm room is so cold that I get sick, can I sue the school is I have proof I asked them to turn the air down?

I am really sick right now so I could easily get a doctors statement. I also have the email of me asking the woman over housing to turn the air down. She said she'd send someone out, but nothing is done.

Jonathan Damashek
Jonathan Damashek answered on May 5, 2016

It would be difficult to show a causal connection to the temperature of your door room and you getting sick.

2 Answers | Asked in Personal Injury for Missouri on
Q: Can I get punative damages from a landlord who didn't remove lead after health dept ordered him with two 4 yr olds .
Jonathan Damashek
Jonathan Damashek answered on May 5, 2016

Punitive damages are a possibility. It would be depend on the specifics of the landlord's actions.

View More Answers

1 Answer | Asked in Workers' Compensation for New York on
Q: can ny comp carrier NYSIF collect my medical records from my pcp and other doctors i see?
Jonathan Damashek
Jonathan Damashek answered on May 3, 2016

They are entitled to those records if they provided treatment related to the accident.

1 Answer | Asked in Workers' Compensation for New York on
Q: was released back to work by my doctor,have been working five weeks, do I need to see an IME doctor for the insurance Co
Jonathan Damashek
Jonathan Damashek answered on May 3, 2016

If you don't go, you will be cut off from future treatment.

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 3, 2016

If you received treatment outside of what is authorized by workers' comp, they could cut you off. I would consult with a local WC attorney.

2 Answers | Asked in Products Liability for California on
Q: I had a screw put in 2yrs Ago and now it's broken and now I have to have surgery again. Case??

The screw in my foot is broken and now I have to go through another surgery. My question is do I have a case to sue the company that created the screw? I don't want to sue the surgeon because he is a good surgeon and he was just doing his job.

Jonathan Damashek
Jonathan Damashek answered on May 3, 2016

You may have a case against the manufacturer. I recommend finding out who manufactured the hardware and speak to a lawyer about whether your case has merit.

View More Answers

2 Answers | Asked in Divorce, DUI / DWI and Personal Injury for California on
Q: Fatal drunk driving accident

My husband and I have been separated for 2 years and are in the middle of a divorce. Last month he was involved in a drunk driving accident where he was the driver. He died on the scene of the accident and his two passengers survived. There were no other vehicles involved. The survivors sustained... Read more »

Jonathan Damashek
Jonathan Damashek answered on May 3, 2016

Most likely it will wind up just being against your husband's estate.

View More Answers

1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: I suffered a brain stroke on March 25th of 2016

I was seen by whom I had believed to be a Dr.(turned out he was a PA). I had believed that I might have had a rotator cuff injury . Upon seeing the PA I was injected with either prednisone or hydrocortisone and was then sent to their neighboring

clinic for physical therapy. The PA had... Read more »

Jonathan Damashek
Jonathan Damashek answered on May 3, 2016

I recommend getting copies of your medical records and consulting with a local attorney.

2 Answers | Asked in Internet Law and Personal Injury for New York on
Q: I work in a day care center. One of my coworkers posted a pic of a child from her class on facebook can she do that?
Jonathan Damashek
Jonathan Damashek answered on Apr 27, 2016

That would depend on the policy of the day care center.

View More Answers

1 Answer | Asked in Personal Injury and Workers' Compensation for New York on
Q: I work for an airline. I was on a bus from airport to airplane when I got hurt.

Lawyer wants the info of the bus company. It was in Africa. U can not sue there. I told the lawyer he will have to deal with my airline. I was on airport grounds with my crew going to work. And I right?

Jonathan Damashek
Jonathan Damashek answered on Apr 27, 2016

This sounds like a straight workers' compensation case.

1 Answer | Asked in Personal Injury for New York on
Q: My car was parked in a private parking lot and my car window was broken out can i sue them for damages
Jonathan Damashek
Jonathan Damashek answered on Apr 27, 2016

Yes---you can most likely handle that in small claims court.

1 Answer | Asked in Personal Injury for New York on
Q: Is it possible to make a motion to ask to sever specific complaints from a civil lawsuit where I am the defendant

I am the defendant and I am being sued by someone for having them arrested for attacking and assaulting me.

Jonathan Damashek
Jonathan Damashek answered on Apr 26, 2016

You can move to dismiss particular claims in a complaint. You should try to hire an attorney to represent you.

2 Answers | Asked in Personal Injury for New York on
Q: i injuries my shoulder while at the water park in NJ. want to understand if i can have a viable case as now need surgery

Im not a US citizen , going to school in NY.

Went to water park in NJ

I also earn my leaving by coaching tennis and wasnt able to do so since the injury day. in July and now it is January .. 5-6 months past (it was summer so my insurence wasn't active then)... Read more »

Jonathan Damashek
Jonathan Damashek answered on Apr 26, 2016

Was this a municipal park or private park?

View More Answers

2 Answers | Asked in Personal Injury for California on
Q: How worried should I be to let my Car Insurance handle my case?

So I had a minor car accident six months ago. It was minor. Pulled out of parking lot and got hit on the side. My car rear control arm was damaged but driveable to a parking lot near by. The lady had barely any major damage to her front end. We got out and exchanged info. She looked totally... Read more »

Jonathan Damashek
Jonathan Damashek answered on Apr 26, 2016

Your insurance company will assign you an attorney.

View More Answers

1 Answer | Asked in Personal Injury for New York on
Q: Defamation of characters. Or no?

My ex fiance mother took pictures of my prescription, posted and sent them to people on social media claiming im sick and that anyone near me should be tested. Since the aligations me and her daughter broke up and friends treating me different. I took various test all concluded negative in an... Read more »

Jonathan Damashek
Jonathan Damashek answered on Apr 26, 2016

Possibly depending on what specifically was in the post.

1 Answer | Asked in Personal Injury for New York on
Q: Can I sue someone for harassing me on a subject even though they know I have depression and suicidal thoughts
Jonathan Damashek
Jonathan Damashek answered on Apr 26, 2016

Yes. Your conditions are not a bar to filing a lawsuit.

2 Answers | Asked in Personal Injury for New York on
Q: I was served with a Summons and Complaint.

The claim is that a shopping cart under my control caused damage to a motor vehicle. The operator of the motor vehicle hit my shopping cart while I was crossing the roadway with the shopping cart within a clearly marked crosswalk. It says that I have to file a Notice of Appearance and Answer with... Read more »

Jonathan Damashek
Jonathan Damashek answered on Apr 26, 2016

You need to immediately get the Summons & Complaint to your insurance carrier. If you do not have insurance you need to hire an attorney to answer the complaint immediately.

View More Answers

3 Answers | Asked in Personal Injury for New York on
Q: Dog bite

I am looking for some insight about a week ago a salesman for Slomins approached my house as I was coming home from work. I entered my home locked my pella door he came up my dogs starting barking. He proceeded to ring the bell as I was going to the door my little one hit the door and popped it... Read more »

Jonathan Damashek
Jonathan Damashek answered on Apr 26, 2016

The beware of dogs sign does not alone constitute trespassing.

View More Answers

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.