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New York Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury for New York on
Q: Can I get out of my contract with a lawyer even though my case is still pending
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 18, 2022

You have a right to change lawyers at any time, for any reason. If you are not satisfied with your current legal representation, find a new lawyer. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that your new lawyer will have to reimburse... Read more »

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0 Answers | Asked in Personal Injury and Constitutional Law for New York on
Q: Where I live they have people publicly proselytizing their religion. But it's at grocery stores and places I shop.

I went through religious abuses and it is very upsetting. I can't avoid it if they are doing this at places I shop. Isn't that illegal to do this in shopping centers ?

I want to post flyers publicly about the dangers of religious indoctrination and remind the public about the... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: What defense representation might be required regarding an automobile accident which resulted in personal injury?

My step-daughter was involved in an accident about a week ago. The police report implies it was her fault. No charges have been filed as far as i know. But, an individual was taken to the hospital.

Tim Akpinar
Tim Akpinar
answered on Oct 28, 2022

I'm sorry about your stepdaughter's accident. I hope that she and everyone else involved in the accident is okay. Any defense representation that is required should be arranged by her insurance carrier (or the carrier for the vehicle, if she was driving someone else's car). The... Read more »

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2 Answers | Asked in Civil Litigation, Personal Injury and Real Estate Law for New York on
Q: My question is with regards to liability. Bank owned property.

There is a large tree in the backyard of the property that has displaced my fence, and also caused damage to my backyard's foundation due to the roots growing through the ground. The property is also occupied by squatters and the bank may, or may not be attempting to evict. (I've reached... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 26, 2022

There might be liability for the bank. But, you can also sue and get a lien on the property. If you want the tree out, call 311 and see if the City will do it and put a repair lien on the property.

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1 Answer | Asked in Personal Injury for New York on
Q: Can I sue pepsi company truck hit my power line and we were in a hotel for 21 days
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 24, 2022

It really depends. If the power line is your own personal line (as opposed a utility company's line), you could certainly recover the cost to repair the line and damages which are a reasonably foreseeable consequence of the incident. On the other hand, as plaintiff, you are required to... Read more »

1 Answer | Asked in Personal Injury for New York on
Q: My sons school lost his MAF form and asthma pump twice, last year and again this year. Anything I can do legally?

This is the second time this happens

Last school year and now this school year again

Tim Akpinar
Tim Akpinar
answered on Nov 11, 2022

In terms of legal recourses (lawsuits), there would generally need to be an element of damages. I'm sorry for your ordeal here. I hope your son has not suffered any significant physical consequences of not having a pump. Attorneys who work in education law might have additional insight aside... Read more »

2 Answers | Asked in Immigration Law and Personal Injury for New York on
Q: Can I Get a green card after i got electric shock in a mall whit my son...

I was in the mall with my son when I saw one of those moving toy cars for children .. I put my son in and while I was going to put money in I got a strong electric shock in my leg and a strong shock .. luckily my son is well .. but i am having leg and hand problems losing my job as a chef .. there... Read more »

Adan Vega
Adan Vega
answered on Oct 14, 2022

I am so sorry that you and your son were involved in an accident at the mall.

The incident that you have described, however, is not an event that can be classified as a crime that qualifies you for the U visa.

You can visit with a qualified and experienced immigration attorney...
Read more »

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1 Answer | Asked in Animal / Dog Law, Libel & Slander and Personal Injury for New York on
Q: im 17 tunring 18 in two months, will i be able to sue my aunt for emotional abuse and spreading rumors when im 18?

She has made me feel like a burden to everyone, she lies and tells me that im over reacting. Recently my dog passed away, her lungs collapsed and she had bruising from something, the first person she said it was , was me. I know i never did anything to my dog but she said she "thinks"... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 17, 2022

You can certainly sue someone for defamation / slander if they are making false statements about you. In any defamation case, however, you have to prove that the false statements caused you damages. Moreover, unless your aunt has any assets worth pursuing, a successful lawsuit against her might... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for New York on
Q: I have a swollen knee. I asked my boss if I can work from home and he said “he prefers me to come to the office”

Am I able to sue my employer for this? I have a picture of my knee with a date on it. Also I am not getting overtime paid for 3 years.

Brian Greben
PREMIUM
Brian Greben
answered on Oct 6, 2022

You quite possibly have a disability discrimination case, depending upon how "reasonable" your request to work from home was. Probably more important, however, is the fact that you haven't been paid OT in 3 years. If you are a nonexempt employee, and are therefore entitled to... Read more »

2 Answers | Asked in Legal Malpractice, Criminal Law, Personal Injury and Civil Rights for New York on
Q: Why is it so difficult to get a lawyer/attorney to respond to us or to get legal advice? We are paying customers.

The situation involves illegal sedation of a disabled person in a group home with evidence, and neglect/abuse with evidence. The group home agency has failed to correct the situation or address the situation appropriately on so many levels it's mind-blowing. We also want to sue for... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2022

I'm sorry for your family's ordeal. Although this site doesn't operate like a lawyer referral service, the closest feature here is the Find-a-Lawyer tab above. You could use it to supplement searches you've already conducted. There's also a Lawyer Referral resource with the... Read more »

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1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Libel & Slander for New York on
Q: IIED

Can I sue someone for IIED if the person I was having a conversation with recorded the conversation (a conversation in which I was saying bad things) and this person sent the tape of the conversation to my boss, which then led to me being fired?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 9, 2022

The actions of person who recorded your statement, although perhaps unethical, does not rise to the level required to bring an action for intentional infliction of emotional distress. Conduct that could support such a lawsuit must be so extreme and outrageous as to go beyond all possible bounds of... Read more »

1 Answer | Asked in Personal Injury for New York on
Q: How do I find out if my now former attorney due to his suspension for misconduct settled my case without my knowledge?

I have a suit against the City of New York for 1,000,000 in Supreme court which was filed in 1991. I did meet with the Comptroller and said attorney a few years after the case was filed in supreme Court which was the only thing that was done to my knowledge. This attorney was suspended for... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2022

You can check the County Clerk's office to see if a Stipulation of Discontinuance was ever filed (which is part and parcel of any settlement). You could also try contacting the Office of the Corporation Counsel (which represents the City of New York in most lawsuits brought against it).... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Medical Malpractice and Sexual Harassment for New York on
Q: Can somebody tell me some ideas for how i can get retribution because this is scandalous and im literally going through

The following transaction was entered on 8/30/2022 at 4:28 PM EDT and filed on 8/30/2022

Case Name: DAVIS v. CHESTER CROZER HOSPITAL et al

Case Number: 2:21-cv-05035-CMR

Filer:

WARNING: CASE CLOSED on 06/03/2022

Document Number: 22

Docket Text:... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2022

Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), the Court may dismiss a case if it determines that your Complaint, accepting every allegation as true, "fails to state a claim on which relief may be granted." In layman's terms, it means the Court is dismissing your case because the facts... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for New York on
Q: Doctor did an eye check for strep,said I had strep,put me on amoxicillin,then i broke out in rash cuz its mono.can i sue

The doctor at the urgent care I work next to did an eye test for strep (just looked down my throat) without swabbing or doing any test. I was prescribed amoxicillin. I took the amoxicillin and 6 days later broke out with a bad rash because that's what happens when you take a penicillin with... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 2, 2022

Sorry to hear what happened to you. Without minimizing what you've gone through, a rash that is perhaps lasting longer than it should will not justify the time and expense of a medical malpractice lawsuit. Moreover, amoxicillan is an accepted course of treatment for strep throat. Although... Read more »

2 Answers | Asked in Personal Injury for New York on
Q: In an diversity of jurisdiction suit if case doesn't meet the 75.000 limit. What happens if case is dismissed & lost.

One party lives in n y c other party lives in another state. What happens to case.

Tim Akpinar
Tim Akpinar
answered on Aug 22, 2022

The short answer is that the case could be remanded back to state court for failing to meet the $75,000 threshold for diversity jurisdiction. You're talking about the amount in controversy provision. If you are in the federal court system, it's likely you are already represented by... Read more »

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1 Answer | Asked in Personal Injury for New York on
Q: Can a case that has been in Supreme Court since 1991be settled now and what options do I have. Thank you in advance

I'm asking this because the attorney that I had has not provided me with any information in regards to my case only stating that he plans on settling a bunch of cases with the city and mines is among them. Up until last year he told me that he was retiring and that he was going to hand my case... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 18, 2022

It could be difficult for an attorney to speculate about what has been done on a case that was filed over 30 years ago. One option could be to reach out to attorneys to discuss in greater detail. Good luck

2 Answers | Asked in Personal Injury for New York on
Q: How do I find out if I have an active lead settlement case ?
Tim Akpinar
Tim Akpinar
answered on Aug 6, 2022

If you're asking as a plaintiff who has previously filed a case, either individually or as part of a class, the most reliable way would be to contact the law firm representing you and ask for the disposition of the case. If you're asking how do you find out if you have the grounds to... Read more »

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2 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: N.Y.S.B.A.?

I am desperately trying to find a medical malpractice attorney in NY to no avail. Everyone keeps telling me to try the New York State Bar Association. Isn't that a paid subscription site? I tried to go on it but I couldn't navigate it correctly. It doesn't help that I'm... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 16, 2022

I'm sorry for the frustration you are experiencing in trying to find an attorney. You are correct, the NYSBA could have fees associated with consults. Their website mentions fees, and the details of those arrangements are something to be discussed with them or their attorneys. But as a general... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: I have no insurance but need help

I'm severely disabled.Im almost blind,can't speak, can't move my muscles,haven't brushed my teeth nor taken a shower since a surgery almost 3 years ago.Bedridden,can't feed myself and now its getting harder to breathe.If I go to the emergency room in Bellevue hospital, a... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 14, 2022

If you are in need of emergency, i.e. life saving, medical treatment, an emergency room is required by law to treat you. It is not, however, required to treat you for chronic, non-life threatening medical conditions. Here's something I found online which you might find useful,... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: What happens If the defendant is nowhere to be found?

My lawyer informed me that the reason my lawsuit has been dragged out for so long is due to an awol defendant. It was a car accident that was his fault and caused me to have cervical fusion surgery . It has been 6 yrs and the defendant has not complied with anything and has completely vanished.

Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Jun 13, 2022

That isn't a great answer. These days there are investigators that can find most people. If he can't be served, he can ask the Court for an order permitting service by publication or some other means. If he was served and he disappeared, you can just move for summary judgment based upon... Read more »

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