Get free answers to your Personal Injury legal questions from lawyers in your area.
I consumed a cake for a special occasion from a bakery. This is the only item that I consumed which was different from my usual diet in months since I don't eat outside food. I experienced severe abdominal pain which kept increasing in intensity for the next 2 weeks. At that point, the pain... View More 
answered on Jan 13, 2025
Sorry to hear what you're going through. Absent any evidence that the cake you ate was not fit for human consumption or that the bakery failed to disclose ingredients in the cake to which customers are often allergic (such as nuts), there'd be no basis to sue the bakery. Moreover, you... View More
Does the hospital and your patient portal only hold your records for 5 years? How do you retrieve your records after that?
answered on Jan 9, 2025
NYS requires 6 yea retention of patient reocrds:
(4) Medical records shall be retained in their original or legally reproduced form for a period of at least six years from the date of discharge or three years after the patient's age of majority (18 years), whichever is longer, or at... View More
I just found out that my records only go back to Nov 2019 from the patient portal. My botched surgery took place in Oct 2019. This hospital knows they did wrong. My question is, can I request my surgery records from that hospital through the patient portal because I can no longer speak due to my... View More
answered on Jan 8, 2025
I'm sorry about your ordeal with the surgery. Yes, you can request them through the portal. It's hard to say if the hospital "wanted those records gone," as you put it. That could invite an allegation of spoliation of evidence (destruction of evidence). A reputable health care... View More
I received a hereby summoned for a pedestrian accident, in the complaint they claim permanent physical and mental damages that exceed the coverage limit, although I think that is not the case due to the way in which the events were presented, I have already sent the documents for this claim to my... View More
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answered on Jan 6, 2025
Under no circumstances should you speak to the lawyer for the plaintiff without a lawyer representing you. Any statements or admissions you make to that lawyer will be used in the civil case against you, and if you have inadequate liability coverage but have assets above that coverage, could be... View More
A pedestrian crossed the street several feet away from the crosswalk during a heavy rain, I called 911 but the pedestrian wanted to leave and I didn't let him and I told him he had to wait because I called for attention, the firefighters arrived and asked him if he felt anything, he said no... View More
answered on Jan 5, 2025
You should let your insurance carrier handle the response. Make a copy of the summons and complaint and give the original to the insurance carrier with whom you had a policy in effect at the time of the accident. Do this immediately, as there is a short time window in which to respond. Keep a copy... View More
Can I sue a mirror company that manufactured a mirror that made me go crazy and made me attempt suicide. Carolina mirror produced a wall mirror that was covering the whole wall in my house. As a result of the mirror, I was very unhappy and attempted suicide. Can I sue the carolina mirror company... View More
answered on Jan 3, 2025
Sorry to hear what you've gone through. Although you may have disliked what you saw in the mirror, you have not described how the mirror itself was dangerous or defective. Rather, the mirror appears to have performed as warranted. As such, the manufacturer of the mirror would not be legally... View More
A social media company online doc on acceptable use was read and false statements about people prohibited. Only public people had need provide evidence.
I reported the incident for a non-public person while giving evidence and was denied without explanation just sent back to the Terms &... View More
answered on Jan 7, 2025
This is something that attorneys who deal with website regulation, social media, and related areas would have insight into, but your question remains open for a month. If you reached out to attorneys who practice in those areas, they would probably want to see the actual terms and conditions -... View More
My case settled 4 months ago and my lawyer has not cleared the lien because they are waiting on a amount from DSS. And i have not received notice by mail of this lien from DSS.
answered on Dec 9, 2024
There's nothing inherently illegal about leaving the figure blank, especially if your attorney does not know the amount of the lien. If you were a recipient of public assistance, NYS would have a statutory lien against the settlement proceeds which must be paid before the settlement proceeds... View More
What does one have to do to get a pseudomeningocele that's affecting vision taken care of in the hospital through the emergency room because they have no insurance. Please don't say to get Medicaid or the sort. Aren't the rules and regulations different when it comes to vision?
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answered on Dec 2, 2024
I'm sorry to hear about the serious health issue you're facing. Navigating emergency medical care without insurance can be challenging, but there are specific steps you can take in New York to receive the necessary treatment for a pseudomeningocele affecting your vision.
Under the... View More
In NY, monroe, couple days ago I hit a side mirror to a man,In my report I said I was using phone and did not see him. I got GEICO report now where I have to share my story, and my plan is to say that "I was driving north of still road and the pedestrian was walking southeast of Still road.... View More
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answered on Dec 2, 2024
I'm sorry to hear about the accident you're experiencing. Handling your GEICO report accurately is critical to ensure a fair assessment of your claim and to protect your interests.
When completing an insurance report, it's important to provide a clear, truthful, and detailed... View More
A person made a non-recorded inflammatory comment to my now deceased mother, along the lines of telling her to shut up without saying those exact words. My mother was dying at the time. When she refused communicating with her, this same person sent a handwritten note scolding and berating my... View More
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answered on Nov 29, 2024
I'm sorry to hear about the difficult situation you've been facing, especially during such a challenging time after your mother's passing. I hope the following information provides some clarity and guidance.
Please note that this is general information based on the details... View More
My parent died of cancer years ago but the latest damaging action by the offending party happened this calendar year. Prior to death, person spoke to her she could not express opinion without she asked her to. Then mailed a dismissive handwritten card when they stayed away. At the funeral, this... View More
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answered on Nov 26, 2024
To begin with, you mentioned that the incident happened years ago. Generally speaking, with some exceptions, personal injury actions (not medical malpractice) commenced against a non-municipal defendant have a three year statute of limitations. Additionally, based upon the fact pattern you... View More
Im suing a funeral home/cemetery for negligence mishandling and recklessness and my lawyer wants to settle for 150,000
answered on Nov 15, 2024
There is no limit on how much you can sue someone for. That said, both the trial court and appellate court can reduce a verdict if it "deviates materially" from what would constitute fair and adequate compensation for the alleged harm. Speak with your lawyer and ask why the settlement... View More
I received a settlement offer from Worker's Comp.
However, there is a stipulation in the settlement paperwork that states that I can't apply for SSDI FOR AT LEAST 30 MONTHS AND CANNOT RETURN TO WORK TO THE SAME PLACE IFI ACCEPTTHIS OFFER. Is it legal to bar me from applying for... View More
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answered on Nov 29, 2024
I'm sorry to hear about the challenges you're facing with your Workers' Compensation settlement. Navigating these complex issues can be stressful, and I hope the following information helps to clarify your concerns.
Disclaimer: This information is based on New York law and is... View More
I have a large pseudomeningocele caused by a csf leak that is very symptomatic. (symptoms are active) I also have h.o.d. which is not symptomatic. My pseudomeningocele is getting worse daily, but every time I go to the emergency room they blame the h.o.d. and don't admit me. I need to be... View More
answered on Nov 7, 2024
I'm sorry for your ordeal. You may have already explored various avenues for coverage if you are without insurance and have been dealing with this on a long-term basis. One option could be to try to contact social workers at the hospital. Another could be to look into public plans, whether... View More
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
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
It was a car accident in queens against DOT, I had surgery .
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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
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
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
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
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
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
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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
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