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New York Personal Injury Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for New York on
Q: Dental office 4 years: incomplete surgery, gum issues, and undisclosed bone loss.

I have been visiting a dental office for the past 4 years, and I had periodontal surgery about 2 years ago; however, not all teeth were operated on. My bottom incisors are now shaking, and one has swollen gums with pus underneath. I reported gum separation to the dentist at a follow-up two weeks... View More

Stephen Bilkis
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answered on Mar 11, 2025

I'm sorry to hear about the issues you’ve been experiencing with your dental treatment. It’s understandable to feel concerned, especially when there are ongoing problems with your gums and teeth, and when important information, like bone loss, was not disclosed to you earlier.

In...
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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Brain surgery complications and avoidance by surgeon, potential case inquiry.

In 2019, I had emergency surgery to remove a brain bleed, which led to complications. Now, I'm bedridden and compromised, yet the surgeon responsible is not mentioned in my reports and has been avoiding my attempts to seek follow-up care. The surgeon's office has repeatedly made excuses,... View More

Stephen Bilkis
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answered on Mar 11, 2025

I'm sorry to hear about the complications you're facing and the lack of follow-up care. It’s important to address any concerns related to your post-surgery treatment, especially when complications arise after a serious procedure like brain surgery.

In New York, you may have...
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3 Answers | Asked in Personal Injury, Nursing Home Abuse and Wrongful Death for New York on
Q: How can I legally proceed against NYC-based organization for assisted housing negligence?

I believe the organization financing and overseeing an assisted housing facility in NYC is liable for negligence that contributed to my mother's death. The facility neglected infection and COVID-19 precautions, dehydration, unattended falls, and cleanliness, resulting in severe health issues.... View More

Stephen Bilkis
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answered on Mar 11, 2025

I'm sorry to hear about the difficulty you are experiencing and the loss of your mother. The situation you describe is deeply troubling, and it's important to ensure that those responsible for her care are held accountable. To legally proceed against a New York City-based organization for... View More

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0 Answers | Asked in Civil Litigation, Landlord - Tenant, Civil Rights and Personal Injury for New York on
Q: How to prevent unauthorized building access by delivery drivers?

I own a building in Brooklyn with 4 floors and have posted signs requesting that all delivery packages be left in the mail room area. Despite this, delivery drivers from FedEx and Amazon frequently enter the building and ignore the signs. On one occasion, I found a delivery man on the 4th floor... View More

4 Answers | Asked in Car Accidents, Consumer Law and Personal Injury for New York on
Q: How does the Graves Amendment affect a rental car accident case in NY?

My son was injured and hospitalized after being hit by a rental car driver in New York. The police report was filed, and he's been in contact with the insurance company. However, due to the Graves Amendment, the insurance company claims he's only entitled to a maximum of $25,000. How does... View More

Michael Bersani
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answered on Mar 7, 2025

The graves amendment essentially works like this: normally, under New York vehicle and traffic law section 388, the owner of the vehicle is vicariously liable for the negligence of the driver of the vehicle. But when long-term commercial lessor owns the vehicle, the graves amendment kicks in to... View More

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3 Answers | Asked in Personal Injury, Consumer Law and Insurance Defense for New York on
Q: Can I claim compensation for a head injury on a NYC tour bus?

I was injured on a tour bus in NYC when I hit my head on a TV screen at the front of a 'hop on hop off' bus. I needed two staples in my head, which we paid for and are trying to claim back through our travel insurance. The incident happened on February 22nd, the day we arrived, and has... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 6, 2025

Sorry to hear what happened to you. Although you can certainly seek compensation from the bus operator for your injury, there needs to be some fault on the part of the tour bus. The television screen is arguably an open and obvious condition about which the bus company does not need to warn... View More

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3 Answers | Asked in Personal Injury and Civil Litigation for New York on
Q: Seeking compensation for medical bills after foot injury caused by another person.

I'm seeking advice on obtaining compensation for medical bills after an individual fell on my foot and broke it in three places. The incident happened in a school, and there is potential footage available. It was entirely his fault, and witnesses were present. I have medical bills that need to... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 5, 2025

Sorry to hear what happened to you. That someone fell on your foot does not necessarily mean that they are responsible for your injury and resulting medical bills. Instead, you need to demonstrate that someone owed you a duty of care and that their breach of that duty, i.e. negligence, caused the... View More

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0 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for New York on
Q: Is the death row too little for them?

Good morning

I want to put on death row ,if they do not leave the neighborhood, for stalking me since 2014,right now they are living next to my home at xxxx ave Jamaica queens NY 11432. I got a video that proves it all and shows a lady with a mysterious device on his hand, if by casualty... View More

1 Answer | Asked in Landlord - Tenant, Civil Litigation and Personal Injury for New York on
Q: Can I sue if my property was discarded without formal notice?

I was living in a family house without a lease, and my niece sent me texts in June 2023 and August 2023, giving me a 60-day notice to move out and stating that any property left would be considered abandoned. I replied in August, requesting more time, but due to three operations and subsequent... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 28, 2025

From the day of destruction of the personal property the clock started to run on the statute of limitations, which is three years.

What stood in your way suing for monetary damages due to the unlawful eviction?

It's up to the defendant to use the expiration of a statute of...
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3 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: How to address rib fracture during MRI at NY hospital?

I had a breast MRI on February 13 at a hospital where I fractured my rib during the procedure. There were three staff members present, and one mentioned the pain would go away in a few days. However, a chest X-ray the following week confirmed a fracture. Since then, I've been experiencing... View More

Tim Akpinar
Tim Akpinar
answered on Feb 28, 2025

I'm sorry for your painful injury. Your options, if you are considering pursuing this legally, would be to try to set up a consult with law firms. Free initial consults without obligation are the norm for such cases. If a law firm expressed interest in such a case, they could retrieve your... View More

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1 Answer | Asked in Criminal Law, Domestic Violence and Personal Injury for New York on
Q: Legal consequences of assault with illegal firearm in NY.

My husband is currently in detention awaiting his third hearing. He assaulted me with an illegal 15-gauge rifle while he was drunk, resulting in an injury to my jaw. I reported the incident to the police, and now I've invoked my right not to appear in court or testify. However, the district... View More

Stephen Bilkis
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answered on Mar 11, 2025

I'm sorry to hear about the difficult and distressing situation you’re facing. In New York, assault with an illegal firearm, especially under the circumstances you described, can have serious legal consequences.

Based on the details you provided, your husband is facing several...
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1 Answer | Asked in Criminal Law, Workers' Compensation and Personal Injury for New York on
Q: How can I press stalking charges against neighbors with video evidence?

I have been dealing with a stalking issue involving Jackie Lynn Jenkins and Mr. Joseph since 2014. They currently live next to me at 169-03 89 Ave, Jamaica, Queens, NY 11432. I have video evidence showing a woman with a mysterious device, and I've involved law enforcement, including the 103rd... View More

Stephen Bilkis
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answered on Mar 11, 2025

I’m sorry to hear about the distress you’re experiencing. Stalking is a serious matter, and it’s good that you’ve involved law enforcement to address the situation. In New York, stalking involves intentionally following or engaging in a course of conduct that causes the victim to fear for... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can I sue my dentist for dosing off during anesthesia injection?

I want to know if I can sue my dentist for dosing off twice while injecting me with local anesthesia, the most recent incident occurring last month. I'm concerned about the implications of his behavior and any potential harm it might cause.

Stephen Bilkis
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answered on Mar 11, 2025

I’m sorry to hear about your concerns regarding your dental treatment. In New York, if a dentist’s actions—such as dosing off during a procedure—result in harm or potential harm, you may have a valid claim for medical malpractice. However, whether you can successfully sue depends on several... View More

2 Answers | Asked in Medical Malpractice, Personal Injury and Civil Litigation for New York on
Q: Can I sue for negligence for dermal filler issues and refund refusal?

I reside in New York State and had a dermal filler procedure at a med spa in Saratoga Springs, NY. The nurse injected filler between my eyes without warning me of the risks of blindness. Although I didn't suffer complications, I believe this was negligent. The filler injected into my lips... View More

Stephen Bilkis
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answered on Mar 11, 2025

I’m sorry to hear about the difficulties you're facing with your dermal filler procedure. In New York, you may have grounds for a negligence or medical malpractice claim, depending on the circumstances surrounding the procedure and the resulting complications.

To pursue a negligence...
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6 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for New York on
Q: Motorcycle accident injury and compensation inquiry

I was involved in a motorcycle accident while on my way to work. I was driving behind a car when the driver suddenly made a U-turn, causing me to crash into the car. The police arrived on the scene and filed a report, which accurately states that the car driver was at fault for the accident. I... View More

Michael Bersani
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answered on Feb 23, 2025

In New York your rights are limited by the no-fault law, section 5102 of New York’s insurance law. You get your medical bills and your lost income paid by your own car insurance up to $50,000. Anything beyond that you can claim from the at fault vehicle’s insurance, as well as claiming pain and... View More

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1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for New York on
Q: What legal steps can I take after being assaulted in NY?

I was assaulted by someone named Taliza yesterday, and I suffered injuries. I reported it to the police, and they have already spoken to her. What legal steps can I take next to ensure my safety and address the assault?

Stephen Bilkis
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answered on Mar 11, 2025

I’m sorry to hear about the assault and the injuries you've sustained. In New York, there are several legal steps you can take to address the assault and ensure your safety moving forward.

Follow Up with Law Enforcement: Since you’ve already reported the assault to the police and...
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1 Answer | Asked in Health Care Law, Public Benefits and Personal Injury for New York on
Q: How to resolve medical and insurance issues with NYC CARE and Medicaid?

I have NYC CARE and emergency Medicaid based on legal advice. My primary doctor tells me to go to the emergency room for my symptoms, but the emergency room directs me back to the primary doctor. This cycle has been ongoing since 2019, and I'm dealing with a pseudomeningocele that prevents me... View More

Stephen Bilkis
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answered on Mar 11, 2025

I’m sorry to hear about the challenging situation you're facing. It sounds like you're dealing with significant medical issues and difficulties navigating the healthcare system. In New York, there are several steps you can take to address the cycle between your primary doctor and the... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Personal Injury and Libel & Slander for New York on
Q: Assault by neighbor's ex, injuries, seeking legal advice for compensation in NY.

On November 17, 2024, I was assaulted by my neighbor's ex-husband on the property I was renting. The incident was captured on camera. During the assault, my son was injured. We were both taken to the hospital, and I sustained a shoulder injury. I have reported the incident to the police, and... View More

Stephen Bilkis
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answered on Mar 11, 2025

I’m sorry to hear about the distressing situation you’ve experienced. In New York, there are several legal options you can pursue to seek compensation for your injuries, emotional distress, and medical bills after the assault. Since there are open arrest warrants for the individual, criminal... View More

1 Answer | Asked in Landlord - Tenant, Civil Rights and Personal Injury for New York on
Q: Family changed locks and threw out property in Brooklyn, NY.

I lived in a family-owned home in Brooklyn, NY, for 49 years, sharing the bills with my family. In June 2023, I received a text from a family member giving me 60 days to move out, followed by a letter in August stating the house would be renovated, and my belongings would be thrown out if not... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Feb 26, 2025

Dear Brooklyn Tenant:

What a family. You were illegally evicted. That was a crime. Had you called the police back then, there may have been arrests made. You had a short period of time to sue for an unlawful eviction.

In New York State, a one-year statute of limitations controls...
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1 Answer | Asked in Probate, Estate Planning and Personal Injury for New York on
Q: How can I manage estate repairs without out-of-pocket costs during probate in NY?

I am the executor of my late father's estate, residing in his house, which is the primary asset included in his will. The house needs roof repair, plumbing work, and indoor construction. I have sustained a serious injury and have not been kept informed about the completion of the estate's... View More

Gregory M. Lendino
Gregory M. Lendino
answered on Feb 24, 2025

Managing estate-related repairs during probate without paying out-of-pocket can be challenging, but there could be options available to cover these costs. Since the house is the estate’s primary asset and is still going through probate, here’s what you may be able to do:

1. Use Estate...
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