Get free answers to your Personal Injury legal questions from lawyers in your area.
I believe there is a potential medical malpractice case involving an elderly, disabled cancer patient who was hospitalized on April 14th at Memorial Sloan Kettering Cancer Center in Manhattan. The patient, aged 78 and diabetic, is on Medicare and Medicaid. She is facing life-threatening... View More 
answered on Apr 23, 2025
I'm sorry for your friend's situation. Based on the quality and detail of your post, you probably don't need anyone to tell you that this has the makings of a difficult and complex case, given the patient's age, existing conditions, and involvement of multiple medical... View More
In New York, someone crashed into my 2014 Honda CR-V EX-L with 150,000 miles, and their insurance company accepted responsibility but deemed it a total loss, offering $9,000. I believe the car, in perfect condition with regular maintenance, is worth more. I am concerned about covering extra costs... View More
In New York, someone crashed into my car and was found at fault by their insurance company, which accepted responsibility. They deemed my 2014 Honda CR-V EX-L (middle trim) with 150,000 miles a total loss and offered me $9,000. I believe the car is worth more, as it was in perfect condition with no... View More
I reported my work injury and filed a worker's compensation claim in New York. My employer provided a list of authorized medical providers, but the treatments did not relieve my ongoing symptoms. I visited a chiropractor using my own funds without authorization. Can I use chiropractic... View More
answered on Apr 22, 2025
Workers' comp generally covers chiropractic care. However, similar to no-fault diagnostic and treatment codes, treatment modalities are addressed in the workers' comp fee schedule. It sounds like you should consider setting up a free consult with a workers' comp attorney to discuss... View More
I was mistakenly given Metformin, a diabetes medication, by my pharmacy, even though I do not have diabetes. I have been taking it for over three weeks, experiencing diarrhea, vomiting, and a reduced appetite. I have proof that they dispensed the wrong medication. I plan to visit the pharmacy... View More
answered on Apr 18, 2025
Sorry to hear what happened to you. Without minimizing what you went through, temporary vomiting and diarrhea, without more, will not justify the time and expense of a malpractice lawsuit. You should certainly report the matter to the pharmacy and perhaps try to get reimbursed for any medical and... View More
It says 'don't answer this email' on my email, but, 'You may still have a case under the concept of continuous treatment if your surgeon has failed to properly assist you after the emergency surgery in 2019' and 'it's advisable to consult with an attorney who... View More
answered on Apr 14, 2025
Under the continuous treatment doctrine, the statute of limitations is tolled during the time in which the healthcare provider is treating you for the condition giving rise to the malpractice action. The treatment has to be continuous and ongoing, e.g. regularly scheduled follow-up appointments. If... View More
You may still have a case under the concept of continuous treatment if your surgeon has failed to properly assist you after the emergency surgery in 2019. It’s advisable to consult with an attorney who handles medical malpractice or patient rights cases.
answered on Apr 14, 2025
Under the continuous treatment doctrine, the statute of limitations is tolled during the time in which the healthcare provider is treating you for the condition giving rise to the malpractice action. The treatment has to be continuous and ongoing, e.g. regularly scheduled follow-up appointments. If... View More
I live in New York, and my driveway is a right-of-way across my neighbor's property, with customer-owned utility lines following the right-of-way as outlined in my deed. There are several old trees on my neighbor's property that threaten to damage my utility lines. I'm concerned... View More
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answered on Apr 13, 2025
In New York, property owners are generally responsible for maintaining trees on their property, especially if those trees pose a potential risk to neighboring properties or utility lines. If the trees on your neighbor's property threaten to damage your utility lines, they may have a duty to... View More
I contracted pneumonia while living and eating on campus at my school. Initially, I visited the campus doctors who didn't test me for pneumonia, but I later had to go to the hospital where they confirmed it. Although the hospital couldn't determine how I contracted it, food establishments... View More
answered on Apr 12, 2025
I'm sorry about your illness. Without diminishing the suffering you experienced, I don't believe it would be a case that most law firms would seriously consider. The problem is that pneumonia could have come from any number of sources, especially on a crowded college campus. Another issue... View More
I discovered that my sister secretly filed a lawsuit related to my mother's passing from ovarian cancer, allegedly linked to Johnson & Johnson talcum powder. I wanted to file a separate lawsuit but was told I couldn’t because one was already open. My siblings and I were not involved or... View More
answered on Apr 10, 2025
So sorry for your loss. Generally speaking, only the duly-appointed representative of your mother's estate can file a wrongful death lawsuit on her behalf, i.e. the executor (if she had a will) or administrator (if she didn't). Depending on how the settlement proceeds are allocated... View More
My child came home with scratches on his arm and said his teacher caused them. The school questioned a student and two teachers; no one saw it happen, and the teacher denied doing it. The administration acknowledged my email about the incident and interviewed the teachers involved. We have photos... View More
answered on Apr 9, 2025
So sorry to hear what happened to your son. You should certainly report the teacher's conduct to the school's principal and perhaps even the school district's administrator, in writing. With regard to potential legal action, if this occurred in a public school, you have to file a... View More
In January 2025, I learned that a doctor missed diagnosing my severe osteoporosis 5 years ago. This has led to significant health issues, including back pain, loss of height, severe dental disease, and an inability to work. I am now receiving treatment for these issues from another doctor, but have... View More
answered on Apr 9, 2025
Sorry to hear what you've gone through. If the original misdiagnosis occurred in 2020, it is likely that the statute of limitations has expired as it is only 2.5 years from the date of malpractice. Even assuming you had received a correct diagnosis, you would still have to demonstrate that you... View More
I purchased a property with my father in 2000, where initially I was listed as a 1% owner, and my name was on the deed with the mortgage secured using his credit and my income. The funds for the purchase came from my personal injury settlement from a car accident, which I was instructed to gift to... View More
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answered on Apr 11, 2025
This sounds like a painful situation, especially since it involves family and such a significant financial investment. If you used your personal injury settlement to fund the purchase, and your name was originally on the deed and mortgage, that gives you a strong foundation to argue that you had a... View More
I obtained a $900,000 judgment in a personal injury case, but the appeal court later reduced it to $500,000. My attorney calculated their fee based on the original $900,000 judgment. Is this legal, considering that New York State law doesn’t prohibit such a practice?
answered on Apr 7, 2025
It's not so much illegal as it is unethical. As my colleague correctly advised (and as is likely set forth in your retainer agreement), the attorney's fee is calculated based upon the actual recovery obtained by the client, not the judgment which is later reduced by an appellate court... View More
I am reaching out to request legal guidance regarding a troubling situation involving the unauthorized use of my personal and medical information by a former primary care provider based in Brooklyn, New York.
On Monday, I was contacted by Quest Diagnostics, who informed me that a lab test... View More
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answered on Apr 5, 2025
I'm sorry you're experiencing this. What you've described raises significant concerns involving unauthorized use of personal and medical information, which may violate both federal and New York State law.
Under the Health Insurance Portability and Accountability Act (HIPAA),... View More
I signed a lease agreement for my rental property, but my landlord did not disclose any information about possible lead paint. I recently discovered that my child has lead in his system. The landlord has offered $2,500 to help us move out. What are my legal options in this situation?
answered on Mar 31, 2025
Sorry to hear what happened to your son. There is no safe lead level in the blood which can cause developmental delays in children. Depending on your son's lead levels and whether it can be causally connected with your apartment, he could have a viable claim against the landlord for lead... View More
I asked someone to play a hand wrestling game with me in a public area, where I told them to hold their fist out so I could drag it to my side. During the game, I let go of their fist which resulted in them accidentally hitting their face, causing a black eye. They had consented to the game, but... View More
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answered on Mar 31, 2025
In New York, whether your actions amount to an unlawful physical act depends on several factors, including intent, consent, and the foreseeable consequences of your conduct. While the person consented to participate in the hand wrestling game, that consent does not automatically shield you from... View More
In a no-fault collision case in New York, my lender received payments from both the auto insurance of the guilty party and my NY Gap Insurance. However, they only applied part of these payments to my remaining loan balance and labeled it as a "rebate." They never provided an explanation,... View More
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answered on Apr 12, 2025
It sounds like your lender may not be following the terms of your loan agreement. Typically, when you have gap insurance, the payout is meant to cover the difference between your car's value and your remaining loan balance in the event of a total loss. If your lender received both the auto... View More
I have H.O.D., a rare disease caused by complications from emergency surgery in 2019, resulting in a CSF leak (cerebrospinal fluid) and pseudomeningocele (a collection of cerebrospinal fluid), which is clearly written in my reports. Since then, I've been bedridden. I left AMA (Against Medical... View More
answered on Mar 24, 2025
I'm sorry for your ordeal with this matter. From a textbook standpoint, you could make that argument under the continuous treatment doctrine. However, from a practical standpoint, many law firms are not enthusiastic about relying on the doctrine in settings that extend beyond the statute of... View More
I am facing aggravated DUI charges as my blood alcohol content was 0.20% when I was allowed to work while intoxicated and then drive home by my manager. My manager was aware of my intoxication throughout my shift. On the way home, I hit a mailbox, two fences, and damaged someone's property,... View More
answered on Mar 16, 2025
Unless the manager forced alcohol into your system they have zero liability. You voluntarily were intoxicated and have complete responsibility for your actions.
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