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New York Personal Injury Questions & Answers
0 Answers | Asked in Personal Injury, Civil Litigation and Internet Law for New York on
Q: What are options after reading website's Terms & Guidelines docs and the company refuses to abide by printed words?

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

0 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: Please don't ask

I have been trying to remedy this situation since 2019 to no avail. I have a pseudomeningocele (very symptomatic) and H.O.D. (asymptomatic) Every time I go to the emergency room (because I have no insurance) they blame all my symptoms on the H.O.D. and discharge me. How do I know it's the... View More

3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: Is it legal to place a blank (no amount)social service 104 lien on my personal injury settlement in NY. Its a NF car acc

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.

Jonathan R. Ratchik
Jonathan R. Ratchik
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

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0 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: What else is there left to do?

I have been trying to remedy this situation since 2019 to no avail. I have a pseudomeningocele (very symptomatic) and H.O.D. (asymptomatic) Every time I go to the emergency room (because I have no insurance) they blame all my symptoms on the H.O.D. and discharge me. How do I know it's the... View More

2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: What do I have to do?

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?

Stephen Bilkis
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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...
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4 Answers | Asked in Personal Injury for New York on
Q: What’s the best way to handle GEICO’s report?

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

Stephen Bilkis
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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...
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1 Answer | Asked in Personal Injury, Business Law and Internet Law for New York on
Q: Is it legal to inform a business that one of its employees did something inconsiderate outside the nature of business?

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

Stephen Bilkis
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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...
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3 Answers | Asked in Personal Injury, Internet Law and Libel & Slander for New York on
Q: Can I sue for Intentional Infliction of Emotional Distress or Negligent Infliction of Emotional Distress

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

Mark A. Siesel
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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

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3 Answers | Asked in Personal Injury for New York on
Q: Is there a set price limit for a negligence lawsuit

Im suing a funeral home/cemetery for negligence mishandling and recklessness and my lawyer wants to settle for 150,000

Jonathan R. Ratchik
Jonathan R. Ratchik
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

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2 Answers | Asked in Personal Injury, Workers' Compensation and Social Security for New York on
Q: Workers Comp baring me from applying for SSDI?

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

Stephen Bilkis
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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...
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3 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for New York on
Q: How do I get in?

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

Tim Akpinar
Tim Akpinar
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

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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

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
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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

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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

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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
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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

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

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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

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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...
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