The USPS driver owed you a duty of care. If they failed to meet that duty, it does not matter that there was no contact between your vehicles. (There are exceptions to this, such as in a hit and run scenario).

Michael Bersani Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 7, 2024

That does seem a bit long, but honestly, for the NYC area, and with the defendant being a governmental entity, it is not uncommon. A lot would depend on whether there was "motion practice", which could delay the case by many, many months if the court is congested. If you believe your... View More

If there's absolutely no basis on which to bring a claim, it could be a waste of time. If there is any basis, even if small, it could be worth exploring, since New York is a comparative negligence jurisdiction. That means that someone might have the basis for a claim even if the other side was... View More

I'm sorry your son was in an accident. Based on these limited facts, it's difficult to tell. Once the police report comes out, that could help you figure out who was responsible. I'm glad no one was hurt. Good luck

In New York, you have the right to have your case tried by a jury. That said, the judge will decide whether there are issues of fact to be determined by a jury or whether the defendant in your case is entitled to judgment as a matter of law.

I hope everyone involved is okay and that your son is okay and that makes a healthy recovery. It could run anywhere from a few weeks to a few months, depending on (1) who is doing the investigation (highway safety division of police pct, country district attorney office, insurance company claim... View More

If your case was never put in suit, your attorney would not need permission from the court to withdraw as counsel. Although they have not provided you with a letter stating that they are no longer representing you, there is nothing stopping you from hiring a new lawyer. You can find many... View More

Following up on attorney Selik's answer, why do you want an attorney? If it is to defend yourself against allegations that you are at fault and/or responsible, then let your automobile insurer know of the lawsuit----most likely part of what the insurance agreement provides is that if you are... View More

Hi - I’m terribly sorry about your incident. Depending on your injury, you may be entitled to recover your lost wages. You may also be entitled to additional compensation. There are many factors that would need to be considered. I would highly recommend that you speak with an attorney in order to... View More

The bottom line is for most personal information, no you cannot.

While your 5th Amendment right against self incrimination can be put forth for some issues. But, if you are the Plaintiff, this could harm your case.

It isn't fully clear what is taking place here, but if your boyfriend received citations or charges involving a hit and run with a vehicle operated by someone else, he should consider consulting with an attorney on the tickets you mention, noting the due dates for answers/appearances outlined... View More

Sorry to hear what happened to you. Unfortunately, I'm unaware of any recognized legal theory by which you could hold the State responsible for an individual's operation of a motor vehicle without a license, even a repeat offender. Moreover, before you can even bring a lawsuit against... View More

I hope you're okay. If there were no injuries, which your post suggests, your options could possibly include small claims or civil court - carefully review any denials from the insurance carrier. They may in their fine print include additional information about your recourses and the suitable... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2024

The conditional settlement offered to you in 1997, where you were given two options, raises several legal and ethical concerns. Firstly, it's important to understand that such settlement terms, which essentially require you to leave town or become homeless, are highly irregular and likely not... View More

I'm very sorry for your accident and your serious injuries. You should consult with an experienced attorney right away. There are too many elements to address in the brief scope of a post here, one of the most pressing being the IMMEDIATE AND URGENT filing for no-fault benefits to cover your... View More

What an attorney can charge is determined by contract--the attorney client fee agreement. If it provides for one percentage, that is all that can be charged for fees. Check the fee agreement as it is not uncommon for there to be an increased fee if a lawsuit is filed.

Certain costs may be... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2023

In New York State, personal injury settlements are generally shielded from garnishment by creditors through a combination of federal and state laws. While there isn't a single specific legal act that offers this protection, it's derived from various legal provisions. Federal exemptions... View More

It sounds like you're being overcharged. Ask for an explanation of why the bill is so high. You can also file a complaint with 311 about the towing company and that it is overcharging customers. There are laws in NYC that require towing companies to be licensed and which limit what they can... View More

Under New York Vehicle and Traffic Law § 1129, the driver of a motor vehicle is not supposed to follow another vehicle more closely than is reasonable and prudent under the circumstances. Generally speaking, the vehicle which strikes another vehicle from behind is at fault. On the other hand, a... View More

I hope everyone involved is okay. It could depend on the signage, the traffic control devices at the intersection, and your respective headings. You should place your insurance company on notice of the accident. They will be able to set up their claim and investigate the matter. Good luck