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New York Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury for New York on
Q: If I put money to the side from my settlement for surgery am I entitled to the money if I don’t get the surgery?
Tim Akpinar
Tim Akpinar
answered on May 9, 2024

The short answer is "yes." It sounds like you had a consultation with a surgeon for your accident-related injuries, and that there was no insurance coverage for surgery (or possibly there WAS coverage, but your insurance carrier would not pre-authorize surgery, or that the cost of surgery... View More

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4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

Joel Gary Selik
Joel Gary Selik
answered on Apr 25, 2024

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.

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1 Answer | Asked in Personal Injury for New York on
Q: My lawsuit has been going on for about 5 years. I have a judge already assigned so why am I on the calendar control part

We at the end where we are ready for trial. This is on suffolk county.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 30, 2024

When your case comes up for trial is not determined by how old your case is. Rather, it depends on how long you've been on the trial calendar. Once your case is on the trial calendar, you start waiting "in line" for a trial date. The calendar control part might be a part which... View More

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for New York on
Q: Can your doctor refuse to see you?

I had back surgery spinal stenosis in 2019. If I remember correctly I only saw him once after the surgery. He had moved to another practice. I had called several time to make an appointment at his new practice.. I was told he was not taking new patient. I told the receptionist that I was not a new... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 1, 2024

Your surgeon certainly has a right not to see you again, especially if he's moved elsewhere. Whether that's good and accepted medical practice is another story. If you are in pain, you can certainly seek medical attention elsewhere. You can also contact his office to see if he can... View More

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3 Answers | Asked in Personal Injury, Civil Litigation, Bankruptcy and Employment Law for New York on
Q: I am wondering if I can sue my employer for negligent infliction of emotional distress. I'm near Ontario County NY

I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2024

I'm sorry for your ordeal. It's difficult to say with certainty whether the consequences you suffered from the payroll deduction would present the basis for a strong case. Although it's clear that you suffered here, and such damages are always part of the recovery inventory in a... View More

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1 Answer | Asked in Contracts, Personal Injury and Products Liability for New York on
Q: Peace and Blessings! I'm owed $87 million regarding an AFFIDAVIT OF HAZARDOUS NEGLIGENCE which I need filed.

Who has the experience and results concerning such matters?

Tim Akpinar
Tim Akpinar
answered on Apr 4, 2024

It could be difficult for attorneys here to respond with an outline of their experience. There's no solicitation here - the format is limited to general legal responses from us. If you're looking to consult with an attorney or hire an attorney for a given matter, one option is to reach... View More

1 Answer | Asked in Personal Injury for New York on
Q: what is the monetary jurisdiction of colonie justice court
Tim Akpinar
Tim Akpinar
answered on Apr 9, 2024

I'm sorry your question remains open for two weeks. This is really something that attorneys local to that court would know best. For now, you could check with the clerk's office of the court. If your matter involves personal injury, you want to proceed in a court of unlimited... View More

1 Answer | Asked in Consumer Law, Personal Injury, Energy, Oil and Gas and Municipal Law for New York on
Q: Nyseg took the meter from my house, yesterday, a week after restarting my account. It is 15°

I am disabled, working through repairs from an electric fire. Are they responsible for broken pipes because they filled the lines with water, allowing the electric on, then caused the freeze with no notice removal. Fresh foods frozen, botled water froze(no electric no waterpump no toilets)

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2024

I'm sorry for the stressful situation you have been placed into. It could be difficult for an attorney to offer a simple, direct answer to your question in the brief post without knowing more details, and figuring out what happened here. Until you're able to discuss with a local attorney,... View More

1 Answer | Asked in Car Accidents, Personal Injury and Civil Litigation for New York on
Q: I am looking forward for an attorney who is not scared to sue the county for injury sustained through car accident.

DWI driver hit my car and I got injured badly, needed plate and screws(surgery), as I know so far that he was on a conditional license and he was not supposed to be driving, but this was his third time being behind the wheel and caused the accident, I currently have a personal injury case, but I am... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 19, 2024

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

1 Answer | Asked in Medical Malpractice and Personal Injury for New York on
Q: When does statute of limitations really end?

I know the statute of limitations is 2 and a half years for medical malpractice in NY ,but what if your symptoms aren't prevalent till after that ?

Alexander Karasik
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answered on Mar 18, 2024

Great question. Short answer is: it depends on the nature of your malpractice claim. NY has a limited "discovery rule" --which extends the 2.5-year statute of limitation to one year past the discovery of the medical malpractice. However, the "discovery rule" exception is... View More

1 Answer | Asked in Personal Injury for New York on
Q: Injury from a store fall, I was offered $500 but don't think its fair, what would a fair offer be?

I fell from sitting on an outside chair in a store when the leg broke hitting my shoulder (which I had previous surgery on) on the floor. The maker of the chair has offered me $500 but I don't think it's a fair offer. I've had pain in this arm since it's happened, my doctor... View More

Tim Akpinar
Tim Akpinar
answered on Mar 12, 2024

I'm sorry about your fall. Unfortunately, it would be difficult for attorneys here to answer your question about a figure for a counteroffer. They would likely want to review your medical records, the impact of the injury on your life, time disabled/not able to work, and prognosis for... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I was emailed a summons for a malpractice with a document to complete for an insurance claim. How should I proceed?

I was involved in caring for a patient and now I was summoned with other providers. The malpractice insurance want me to complete the claim. Should I do this without a legal advisor?

Tim Akpinar
Tim Akpinar
answered on Mar 9, 2024

Learn what you can about the scope of coverage of the insurance carrier, the nature of the claim, and the extent of your employer's coverage. Is the insurance carrier covering you and other staff of the facility where you were employed? Or is the insurance carrier providing coverage for only a... View More

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1 Answer | Asked in Landlord - Tenant and Personal Injury for New York on
Q: can i sue my landlord, my ESA dog fell out a 2nd story window. none of my windows are compliant with building code

esa dog is in critical condition amputated leg

Elaine Shay
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Elaine Shay
answered on Mar 4, 2024

While landlord's generally have responsibility to install child safety bars for children, there is no such requirement for pets. Generally when a pet is injured or killed the liability is limited to cost to purchase pet or cost of treatment for injury.

1 Answer | Asked in Education Law and Personal Injury for New York on
Q: My college forces all freshmen to buy a meal plan, i have food allergy and they dont have food suitable for me. can i su

My college forces all freshmen to buy a meal plan. I have celiac disease, and the dining hall fails to give me gluten free food or gluten free food without cross contamination. The food they say I can eat is prepared not in gluten free environments which leaves me sick almost the entire time I am... View More

Tim Akpinar
Tim Akpinar
answered on Feb 28, 2024

Technically speaking, a lawsuit is almost always possible in situations where one suffers damages at the hands of another party or entity. But a practical question could be whether a lawsuit is the best course of action, if it is possible for the facility to accommodate your needs. In terms of... View More

2 Answers | Asked in Personal Injury for New York on
Q: Due to well known rental inc. negligence, I suffered serious injury, and may require surgery. Do I have a case?

I and a minor special needs child suffered and i'm still suffering from tremendous pain due to a very well known rental inc. negligence with an issue I reported promptly....

Tim Akpinar
Tim Akpinar
answered on Feb 20, 2024

I'm sorry about your injury and the injury of the special needs child. It could be difficult for attorneys here to answer your question accurately, based on the brief facts at hand. You mention negligence. If you could successfully prove that, it's possible you could have a case. But the... View More

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3 Answers | Asked in Personal Injury and Military Law for New York on
Q: Where can you find a litigants case? if in fact it was filed? So there are no double filings?

Looking to find information on a case that may or may not have been filed with TORTS?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 12, 2024

If the case was filed in Supreme Court, you can check the New York State Courts Electronic Filing (NYSCEF) system, https://iapps.courts.state.ny.us/nyscef/HomePage You can search by index number, party name and attorney.

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Elder Law for New York on
Q: How to defend myself against a TRESPASSING CHARGE-WHEN I WAS LOOKING FOR THE REBARB I HAD PAID FOR IN 2010-AND IT'S GONE

He is also blatantly hacking me with his fancy Apple smartwatch and his iPhone through Bluetooth which I do not even have enabled! He wants my property and we've been disputing this for years! The local judge was probably paid off by him & I'm going to have a heart attack I swear

James L. Arrasmith
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answered on Feb 24, 2024

Firstly, it's essential to remain calm and composed despite the distressing situation. When defending yourself against a trespassing charge, focus on presenting evidence to support your claim that you were on the property to retrieve rebar you had previously purchased. Gather any documentation... View More

1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Legal Malpractice for New York on
Q: A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party

A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party rescind.

A settlement Agreement was made under pressure by attorneys on a Friday the trial was set to begin the following Monday: Party A was unrepresented vs a Party... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 9, 2024

So, if I understand you correctly, you entered into a settlement agreement, the terms of which were changed after you signed the agreement. Under those circumstances, you might have a valid basis on which to say that there was never an agreement in the first place since you never agreed to these... View More

3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I'm looking for a medical malpractice attorney and some guidance.

I went to a city hospital(Bellevue)and I know for a fact they misdiagnosed me because I have 2 things that have almost the same symptoms but are grossly exacerbated because they only want to diagnose me with one. I have documentation and proof that it is the most misdiagnosed thing in that area.... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 6, 2024

You can find many excellent malpractice attorneys using the Find a Lawyer tab on the JUSTIA homepage. Before you can file a lawsuit against Bellevue Hospital, however, you must first file a Notice of Claim with New York City Health and Hospitals Corporation (NYCHHC) within 90 days of the alleged... View More

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2 Answers | Asked in Personal Injury for New York on
Q: I was at JFK airport and the line safety to keep people in line was not secured right and smacked me in the face

I am seeing blurry and I am at the emergency department now and I was dizzy at the time of incident blood was drawn and incident report was made

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 18, 2024

Sorry to hear what happened to you. Whether you might have a case against the Port Authority of New York & New Jersey (which operates JFK) will depend on whether the Port Authority either knew about the condition, or in the exercise of reasonable care should have discovered the condition, and... View More

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