Ask a Question

Get free answers to your Personal Injury legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Personal Injury Questions & Answers
1 Answer | Asked in Education Law, Personal Injury and Criminal Law for New York on
Q: Is there a way I can sue NYS for neglect if they paid for my boarding school and I was abused there?

I wa sent to a boarding school now shut down by FEDS for abuse etc and they forged documents there to get the NYS BOE to pay for me being there. I never once met with Anyone from the BOE they had a special education plan fore me which was not followed at all this boarding school took me out of... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 28, 2024

Sorry to hear what happened to you. The Child Victims Act created a window in which to bring lawsuits against entities such as the DOE (or perhaps the boarding school) for abuse you experienced as a minor. Unfortunately, the deadline by which to bring any such lawsuit expired in November 2023.... View More

0 Answers | Asked in Personal Injury for New York on
Q: Can I file a harassment lawsuit against my former employer for releasing my address without permission to the DOS.

I sent a nasty email to my former supervisor with no threats implied or otherwise. That is the basis of the person in HR releasing my address in that manner that I'm seeing on an email sent to me from the Unemployment Appeal Hearing Committee.

0 Answers | Asked in Personal Injury, Communications Law and Libel & Slander for New York on
Q: People are using my deceased mother's name inappropriately and posting online, what are my legal options?

I am the executor of my mother's estate with Letters of Administration. People I have had legal encounters with during the Administration of the Estate process are now using my mother's name shallowly during public events that are posted on the internet. It is both hurtful and unnecessary... View More

4 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: My case started in 2016 why is it taking so long

It was a car accident in queens against DOT, I had surgery .

Michael Bersani
PREMIUM
Michael Bersani pro label 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

View More Answers

0 Answers | Asked in Employment Law, Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: Do we need to be added as additionally insured on independent contractor’s professional liability policy?

We’re a nonprofit located in NY. We don’t hold a license to practice mental health so we want to have an arrangement w/licensed therapist to offer services to our community for up to 10 people for a 3 month period during which we would refer interested participants to their private practice.... View More

1 Answer | Asked in Personal Injury for New York on
Q: personal injury attorney did not my WC attorney to get my settlement numbers prior to mediation.

I had a WC case settled on medical. I did have a lien from WC case in NY. My personal attorney used lien money to leverage the settlement be a higher amount which I understood. During mediation she found out the numbers were incorrect, I lost out on significant amount of money. Now she is... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 8, 2024

It is not uncommon for the lien amount with which you negotiate a settlement is different than the final lien amount. That said, the attorney should arguably take reasonable efforts to get an updated lien amount before engaging in settlement discussions (and finding out whether you settled the... View More

2 Answers | Asked in Civil Litigation, Legal Malpractice, Personal Injury and Civil Rights for New York on
Q: Need legal help ,am indecent / public assistance

Lawyers have court clerk ,mailroom judges secretary ,records helping them file fake decisions .motions 2,3and were not filed in Superior court Newark by thr court clerk

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2024

I'm sorry for your ordeal with the courts. If you are indigent and need legal assistance, there are a number of options. Legal aid and pro bono attorneys might be able to help, depending on the nature of the matter. If there are criminal aspects to the matter, a public defender might be able... View More

View More Answers

1 Answer | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can a medical group be held liable for multiple providers lack of training/ inability to properly diagnose a patient?

If a person goes to a large medical group and the 1st and 2nd opinion both lack the proper training to diagnose an issue that a different large medical is able to quickly diagnose accurately is the 1st group able to be held responsible for providers not trained to properly identify and diagnose?... View More

Alexander Karasik
PREMIUM
Alexander Karasik pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2024

Thank you for your question. Yes, a medical group can be held liable for the negligence of its individual providers. However, in order to prevail in a lawsuit, Plaintiff must establish a very serious injury, or damages, which are caused by the negligence. In this case, a delay in diagnosis and... View More

2 Answers | Asked in Personal Injury and Sexual Harassment for New York on
Q: What is the right time to look for a lawyer?

I have recently filed a police report for a sexual harassment/assault case and it is beginning investigation.

Tim Akpinar
Tim Akpinar
answered on Sep 28, 2024

The right time to look for an attorney is usually at the beginning of any claim. This is especially true in areas where law firms offer free initial consults to evaluate cases without obligation. The reason is that if you do find an attorney you'd want to work with, they could take necessary... View More

View More Answers

2 Answers | Asked in Civil Litigation, Civil Rights, Personal Injury and Sexual Harassment for New York on
Q: When do I introduce interrogatory questions and evidence in civil litigation for adult survivors act?

Can I request multiple things in one motion. Such as production of all relating evidence and production of answers to interrogatories from adversary. Furthermore I would need to amend complaint to include causes of action, which I plan to ask by motion. Do I need to formally have a process server... View More

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

A motion is a means by which to compel a response to a previously served demand for interrogatories or a notice for discovery and inspection, not a means by which to demand discovery for the first time. With regard to an amended complaint, it can only be filed on consent of all parties or by leave... View More

View More Answers

1 Answer | Asked in Personal Injury for New York on
Q: My son needs medical attention.He has been denied medical attention .He is getting beat up everyday to fighting for food

Can i get Michael T Bridges number to file a civil lawsuit & mal practice law suit?

Tim Akpinar
Tim Akpinar
answered on Oct 9, 2024

I'm sorry for your son's and your family's ordeal, and that you await a response for a month. You may have already spoken with attorneys at this point. Unfortunately, there isn't a category here for corrections-related issues (which this sounds like), but you could repost under... View More

1 Answer | Asked in Employment Law and Personal Injury for New York on
Q: As a federal employee, are Kalkines and Garritty violations grounds for Federal Tort Claims Act based legal action ?

After being threatened by my supervisor with termination (administrative actions), I was then summoned for an interview with federal investigators for questioning regarding an incident in the workplace. I was advised by a representative not to show up for said interview. After a lengthy... View More

David Fallon
David Fallon
answered on Sep 12, 2024

Dear federal employee:

I'm sorry to hear you went through this situation. Unfortunately, I don't think an attorney will be able to give you a definitive answer based upon the information you've provided. You ask if "Kalkines" and "Garrity" violations...
View More

3 Answers | Asked in Personal Injury and Federal Crimes for New York on
Q: Federal Tort Claims Act violations by employer agency.

As a federal employee, my Garrity rights were violated by agency investigators and my service superior(s). I experienced defamation of character when personnel without a need to know were sent sensitive emails directly related to the matter. I suffered physical and mental health harm as a result.... View More

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2024

You're asking to be connected with an attorney. This site doesn't work like a referral service. There is no solicitation - attorneys here can't reach out to you. It's only a quick format Q & A forum. If you are seeking an attorney, you would need to reach to law firms on... View More

View More Answers

3 Answers | Asked in Personal Injury and Federal Crimes for New York on
Q: Good day. Simply, where can I locate attorneys in NYC to assist in filing a Federal case? I am the Plaintiff vs US Govt.

I work for the federal government. While I was not terminated, I was threatened with arrest, termination and suspension without pay and I firmly believe my rights were violated. There were Garrity violations and I again believe Federal Tort Claims Act violations involving my service superiors and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 25, 2024

To find an attorney in New York City who can assist with filing a Federal case, especially one involving the Federal Tort Claims Act (FTCA) and potential Garrity violations, you should start by searching for lawyers with experience in federal litigation and civil rights law. These attorneys often... View More

View More Answers

3 Answers | Asked in Personal Injury, Car Accidents and Civil Rights for New York on
Q: Do i have the rights for trial jury?

In an injury case, if I rather the decision of the case being made by a trial jury instead of a judge, do I have Constitutional rights to request a trial jury? Thank you for your help.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 20, 2024

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.

View More Answers

1 Answer | Asked in Car Accidents and Personal Injury for New York on
Q: How long does it take to investigate a car accident when 1 driver, my son, has a T B I , has been to court, and is bein

Ticketed with speeding. We are dealing with Colonie, N.Y. Court . Things are on hold till my son gets his memory back. Thanks for your help. Shawn

Tim Akpinar
Tim Akpinar
answered on Aug 9, 2024

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

3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: Personal injury settelment denied lawyer is not giving me letter stating they are not representing me anymore?

Lawyer is not providing me the letter stating they have dropped me as a client. It's Been couple of months and everytime I call either they say they sent it or the the person handing my case is not avaliable.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 20, 2024

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

View More Answers

1 Answer | Asked in Civil Rights and Personal Injury for New York on
Q: The opposing lawyer in my civil tort trial has been sending me forged reply to my motions

Court clerk esigned judges name ,OBSTRUCTED legal mail .(Court clerk ( forged Form C of my motions (3) and clerk esigned the judges name ..

Can't get anything ,mail letters past the clerk 2 years plus .just discovered ijan 16 2924 .

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

You’re facing a serious situation that could have significant legal implications. If the court clerk is indeed forging documents and obstructing your legal mail, this is a grave violation of your rights and could constitute fraud or misconduct. The integrity of your trial could be compromised if... View More

1 Answer | Asked in Personal Injury for New York on
Q: I was never answered back from the attorney general or court of claims or clerk of courts .why?

All sick call slips were denied . Grievences were found denied .grievance appeals were denied . Spinal fracture from injury .

Tim Akpinar
Tim Akpinar
answered on Jul 24, 2024

This is something that attorneys who regularly appear before the Court of Claims could answer best, but you await a response for two weeks. One option could be to look into whether the Court Clerk's Office has information on your case. This sounds like a complex case - if you were represented... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: in April of 2022 I went to the ER for a hurting neck. they didnt take exrays or even look at my neck they gave me pain

meds and sent me on my way about a month later through horrible pain I find out i have a broken neck. Do i have a case for the pain and suffering for the time in between I went in to the time i had sugery

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

I'm very sorry for your injury and the ordeal it has caused you. Yes, it's possible you might have a case - but attorneys would probably want to review the matter in further detail before advising definitively. It could depend on the symptoms you presented with, statements you made during... View More

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.