Lawyers, Answer Questions  & Get Points Log In
New York Personal Injury Questions & Answers
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 »

View More Answers

0 Answers | Asked in Personal Injury and Civil Rights for New York on
Q: I was in jail any years ago.Now there is action law suit. I want to file a individual claim with no win/ no money

I contacted the law firm that I heard filed the claim on behalf of the woman. However, I notice the person is very pushy. Gave me a dead line to sign his retainer form. I have not because I want to see my option. Do I have option’s to individual file and if so is it better to do it that way. Will... Read more »

0 Answers | Asked in Personal Injury for New York on
Q: RE broker, exposed to asbestos at an owners property. Owner provided access while demo work w/o permit was taking place.

I visited property on Saturday, a ragtag group of laborers ripping insulation out of the 6 floor space. Immediately getting off the elevator a bag of insulation landed at opening to elevator. There was a shop vac exhausting into the area around elevator. Air was thick with dust whatever else.... Read more »

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 »

View More Answers

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 »

View More Answers

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 »

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: A lady intentionally rammed my car (I have it on video). I am injured, what should I do?

I live in New York, and was driving to work today when a lady that claimed I cut her off rammed into the back of my car (I have front and rear dash cams). It was severe enough to require my car to be towed. She had 2 young children in her Range Rover when she did this. She was admitting that it... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2022

I'm sorry this happened to you. I hope you are okay. In terms of the civil portion of your question, you could discuss this with a personal injury attorney. It could be premature to make a determination as to the extent of injuries until you are seen by medical professionals. An attorney could... Read more »

View More Answers

2 Answers | Asked in Personal Injury for New York on
Q: Can a personal injury case in supreme court be heard after 30 yrs? I have a 1,000,000 suite against the city of NY

The attorney I had keep telling me he was trying to settle my case but I believe he did nothing. There was never a update on my case. The said attorney has been suspended in 2020 and has been still acting as my attorney. He told me he was retiring and a friend of his will take over the case and... Read more »

Steven Richard Smith
PREMIUM
Steven Richard Smith
answered on May 20, 2022

Well first of all, go on the court website and make sure that your case is marked ‘active’ and not ‘disposed’ which would be a problem. If it’s ‘disposed’ it means the case is closed and then someone would have to contact the court to get it re-opened. Unless of course, there was a... Read more »

View More Answers

1 Answer | Asked in Personal Injury for New York on
Q: NYC As the plaintiff, am I allowed to request for a "meritorious" case to be dismissed or do I have to settle

I am the guardian of an incapacitated person (my father). The lawyer assigned to this case chose to not communicate at all. The incapacitated person will no longer benefit from this lawsuit as his present physical and mental condition have worsened and will only get worse as time goes on until he... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 1, 2022

As the guardian of the incapacitated person / plaintiff, you certainly have the right to discontinue the case, regardless of whether it's meritorious. Of course, this will mean that your father's attorneys will not get compensated for any of the work they put into the case (and will... Read more »

1 Answer | Asked in Civil Rights, Consumer Law, Personal Injury and Civil Litigation for New York on
Q: What is the legal process for pre action discovery via order to show cause?

I want to identify a defendant via order to show cause with an affidavit of support. Do I need a petition? If so, do I need to buy an index number? Can use the same index number in a lawsuit after the order to show in the same matter? Or do I have to buy a new index number?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 28, 2022

Yes, you will need to file a petition (for which you will need to purchase an index number) and move by Order to Show Cause for pre-action discovery (which can only be used to identify a defendant - not to find out if you actually have a viable case). You CANNOT use the same index number in the... Read more »

3 Answers | Asked in Family Law and Personal Injury for New York on
Q: My son was abused at george Jr Republic. I was advised by a judge to get a lawyer because i did testify on the record.

I did keep a journal of all his activities there. I also had the judge comment on why when there were incidents did the cameras not work??? True story

Tim Akpinar
Tim Akpinar
answered on Apr 22, 2022

I'm very sorry this happened to your son. The facts presented here are brief, and a more complete investigation could shed light on issues such as the cameras. In terms of consulting with an attorney, if you plan to do so, it would be best to act IMMEDIATELY.

Your post does not give...
Read more »

View More Answers

2 Answers | Asked in Personal Injury for New York on
Q: A lawsuit in New York state supreme court involving 10 people.

A lawsuit in New York Supreme Court. The judge rules to send the lawsuit into arbitration. After three years the arbitrator's rule on what each individual will receive. One of the individuals in a lawsuit is not happy with what he is going to receive. Does that individual have any rights to... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 22, 2022

This is something best answered by the attorney, with the benefit of having the file, arbitration decision and its terms, and any accompanying agreements. As far as the attorney's role, they apply their zealous efforts in presenting relevant evidence, well-formulated arguments, and complying... Read more »

View More Answers

1 Answer | Asked in Personal Injury and Legal Malpractice for New York on
Q: My attorney stated he could not mail me my case file from NY to PA because it's a HIPAA violation. Is that true.?

I have a case that's been going on since 1991 against the city of NY. I don't believe my attorney is handling it accordingly. He refuses to send me

my case file. There hasn't been any progress on my case and keeps trying to assure me everything's OK. He's sent me... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 20, 2022

Sorry to hear your attorney is refusing to turn over your file. You have an absolute right to get a copy of it.

HIPAA does NOT prevent your attorney from mailing you a copy of your own file; HIPAA governs the disclosure of protected / confidential medical information to unauthorized third...
Read more »

2 Answers | Asked in Personal Injury for New York on
Q: If I got a settlement for a legit injury (slip and fell) lawsuit, can my insurance company go after what they paid?
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 18, 2022

Yes, it can. You have a written contact with your insurance company which probably contains a right to reimbursement. This basically means that if another party causes you injury for which you receive a settlement, you are required to use the settlement proceeds to pay back your insurance company... Read more »

View More Answers

2 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: I want to sue my psycho-therapist and her supervisor a Psychiatrist. I live in Brooklyn NY

I live in Brooklyn NY I want to sue my psycho-therapist and her supervisor, they discontinued my care, without just cause I filed a complaint with Patients Relation and received a letter of apology stating the determination of my care was wrong and should not have happened. I have since suffered... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 4, 2022

I'm sorry for your ordeal. Unfortunately, it would be difficult to get an attorney referral on this site - the format here is more question & answer. There are legal sites set up as attorney referral services. The closest thing on this site might be the tab above, Find-a-Lawyer. You could... Read more »

View More Answers

2 Answers | Asked in Education Law and Personal Injury for New York on
Q: Are schools liable for behavior of their students on school sponsored trips?

Ex) a student injures a member of the public by engaging in reckless behavior

Tim Akpinar
Tim Akpinar
answered on Apr 4, 2022

These are generally fact-intensive settings, and they can be complex. A central issue will often be whether there was a lack of supervision or negligent supervision on the part of the school (or possibly other entities, depending on the setting). An experienced attorney who had the chance to review... Read more »

View More Answers

2 Answers | Asked in Personal Injury for New York on
Q: My fiance daughter was i a serious accident o the school bus hospital stop treatment unless they get money heson a rig

What can be done so she can get proper treatment

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 31, 2022

Sorry to hear what happened to your fiancé's daughter. As my colleague correctly advised, best for your fiancé to speak with an experienced personal injury lawyer. He can find many excellent personal injury lawyers using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that the... Read more »

View More Answers

1 Answer | Asked in Civil Litigation, Small Claims, Personal Injury and Health Care Law for New York on
Q: What NY State laws govern an involuntary psychiatric hold (in ER) and the administration of medication without consent?

My 23 year old daughter sought care in ER for asthma attack. After flippantly saying she would "rather kill herself than be admitted overnight", she was immediately put on an involuntary hold without consideration of context and relevant mental health history. Within minutes she was... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 28, 2022

I'm sorry for your daughter's and your family's ordeal here. There is New York State Mental Health Hygiene Law section 9.27(a), which involves involuntary admission on medical certification. These are generally fact-intensive settings that require detailed investigation. You could... Read more »

3 Answers | Asked in Personal Injury for New York on
Q: How is the settlement in a personal injury case calculated? Should my lawyer review this information with me?

I am wondering what I should expect to be included in a settlement offer, and how a settlement amount is typically calculated. Also, should I expect my lawyer to discuss the details of my case expenses and damages with me before negotiations begin. Lastly, should my lawyer help advise me on how... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 14, 2022

The settlement is based on pain and suffering, permanence of injuries/disabilities, severity of injuries, impact on life, lost wages, medical expenses, and other factors. On complex cases involving very serious injuries, there can be future expenses, as you mention. On minor soft-tissue injuries... Read more »

View More Answers

2 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for New York on
Q: In regard of a car accident

I was involved in a car accident on October 2020. I did not hire an attorney because the insurance company said they would take full responsibility, the report said we were both at fault even though the driver cut me off on the opposite side and hit my driver side, I was injured. Upon taking days... Read more »

Steven Richard Smith
PREMIUM
Steven Richard Smith
answered on Mar 1, 2022

Unfortunately, you are 1 1/2 years late for getting the assistance you need if you are in NY. You really needed an attorney at the outset. I can only comment on New York Law, so if this is another state this response might not apply. In NY, you would not use your primary health insurance for... Read 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.