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New York Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury and Animal / Dog Law for New York on
Q: My mother was attacked by her neighbor's dog she wasn't bitten but sustained a fractured wrist when she fell backwards.

What legal action can I take on her behalf?

Joseph E. (Jed) Dietrich III
PREMIUM
Joseph E. (Jed) Dietrich III
answered on Mar 18, 2023

That is a personal injury case if the dog had vicious propensities. Call my office and we will help.

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1 Answer | Asked in Personal Injury for New York on
Q: I’ve received online order with a alarm needle in it which caused injury. What I can do?

I ordered toddler clothes on Zara com. Which contained alarm needle. When I tried to pull the pant up on my daughter it sketched her and then sticked in to my finger. I texted zara and they refused to call, because I live outside of USA and they are asking USA number to contact. What I can do about... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 17, 2023

Sorry to hear what happened to your daughter. If you're worried that the needle was contaminated, take your daughter to a doctor and have her evaluated. With regard to Zara, you can try emailing their corporate headquarters and try to resolve the matter via email. Absent a more significant... Read more »

3 Answers | Asked in Personal Injury for New York on
Q: NY, workplace parking lot slip on ice. Severe ankle injury requiring surgery. Slip/Fall attorney? Workman comp? or both?

Slip caused 2 breaks, 1 fracture & dislocated ankle requiring 1 plate & multiple screws, 3 month recovery minimum. Workman comp issues are piling up - in home care, physical therapy, transportation to doctor etc. There are also many long-term personal losses and costs to my wife and I. So,... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 9, 2023

Sorry to hear what happened to you. If you fall took place while you were on the job, you should definitely start by speaking a workers' compensation attorney. Workers' compensation will pay for your time out of work and medical expenses. As to whether you might have a viable... Read more »

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2 Answers | Asked in Admiralty / Maritime and Personal Injury for New York on
Q: If i get hurt on a cruise ship as a passenger should i have to pay the jones act fee???. I fell and i have doctor report
Tim Akpinar
Tim Akpinar
answered on Mar 3, 2023

I'm sorry about your accident. The Jones Act applies to crew members of vessels sailing under the U.S. flag. Passengers have different routes for pursuing claims. If you reached out to attorneys who handle cruise ship accidents, they should be able to advise what your next steps should be, if... Read more »

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2 Answers | Asked in Admiralty / Maritime and Personal Injury for New York on
Q: If i got hurt on a cruise ship as a passenger is there anyway i could get back my money i had to pay for the jones act.

I have medical records from doctor telling me that i should go home and to not continual to stay on cruise. Fell in room.

Adam Eugene Deitz
Adam Eugene Deitz
answered on Mar 3, 2023

Hello. Passenger injury claims are handled a little differently than Jones Act cases under maritime law. You're best bet is to consult with an experienced maritime lawyer about how you were injured and whether any legal remedies are available under the circumstances.

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2 Answers | Asked in Admiralty / Maritime and Personal Injury for New York on
Q: If i got hurt on a cruise ship as a passenger is there anyway i could get back my money i had to pay for the jones act.

I have medical records from doctor telling me that i should go home and to not continual to stay on cruise. Fell in room.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 5, 2023

The Jones Act is a federal law that provides certain protections to seamen who are injured while working on vessels, including cruise ships. However, it does not provide any direct compensation to passengers who are injured on a cruise ship.

If you were injured on a cruise ship as a...
Read more »

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3 Answers | Asked in DUI / DWI and Personal Injury for New York on
Q: Pro se representation

personal injury case. I have an extensive work already done - depositions taken, witnesses asked), an expert hired, medical seen, but haven't done it with the defense lawyer's side on their end. Can I still represent myself with these court procedings instead of going out and hiring an... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 21, 2023

You've done a considerable amount of work as a pro se plaintiff, which is commendable. The general rule in our legal system is that people are free to represent themselves. However, one of your options could be to consider arranging a free initial consult with an attorney who handles injury... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: Is there a way to find out about a past injury settlement? I was injured in the early 70’s before turning legal age.

I live in NY and accident was in Pennsylvania. Settlement would have gone to my parents since i was under 18.

Tim Akpinar
Tim Akpinar
answered on Feb 13, 2023

In accident cases involving minors in New York and other jurisdictions, the funds from an injury award are not directly presented the minor. The attorney uses an Infant Compromise Order in New York. Other states use similar mechanisms. After a judge approves the settlement terms, money is held in... Read more »

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I was involved in an accident. Not at fault. The at fault driver retained a lawyer for serious permanent injuries.

At the accident he was walking around and reported no injuries. He merged into my lane 5 feet in front of my vehicle during a snow storm going slower than me. The speed limit was 55 and I was going no more than 40. causing me to rear end him and pushed me into a parked car. Will this go anywhere? I... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 10, 2023

I'm sorry about your accident. Make copies of the papers you were served with and give the originals to your insurance carrier. They should arrange a legal defense. New York State is a comparative negligence jurisdiction, which means that each driver's relative fault can be determined as... Read more »

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1 Answer | Asked in Medical Malpractice and Personal Injury for New York on
Q: I was put in a coma for 3 weeks without informed consent they lied on my medical records and lied to my fiance and mom

They told my fiance and mom they had to put me in the coma because I was threatening to hurt myself or others which was a total lie but in my medical records it says I had respiratory failure which was also a lie I ended up getting MRSA and pneumonia because they didn't clean the feeding tube... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 2, 2023

Sorry to hear what happened to you. If you wish to pursue a medical malpractice lawsuit, you will need to obtain copies of your medical / hospital records and speak with an experienced medical malpractice attorney so that they can have them reviewed by an appropriate expert. Almost all of them... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for New York on
Q: A group of passengers & driver on a bus robbed me. Upon discovery, I left the bus. what legal course can i take?

on a greyhound bus going from nyc to raleigh, i had noticed odd behavior from a group of passengers. once I saw that this group was passing objects up the aisle like clockwork, i muttered under my breath 'theyre robbing people in plain sight'. the man, who was next to me, was involved in... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 31, 2023

Unless you can identify the passengers who robbed you, you do not have many options apart from reporting the matter to the police (which you did). With regard to legal action against Greyhound, the actions of the bus driver (assuming them to be true) clearly fall outside the scope of his... Read more »

2 Answers | Asked in Personal Injury and Workers' Compensation for New York on
Q: Is it legal in ny for a private citizen to seek a investigation compensation from plaintiff 4 irrefutable video evidence

I'm a private citizen who's surfaced indisputable online video evidence against defendants sworn testimony in an active slip & fall tort lawsuit. I have more than 600+ hours of personal time performing online research for a planned lawsuit against the same named defendant for a... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 30, 2023

If I understand you correctly, you have evidence which would be of use to plaintiff's counsel in a lawsuit and want to get paid for the time you spent compiling such evidence. Although you can certainly speak with plaintiff's counsel to discuss your proposal, unless you were retained /... Read more »

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2 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: Is someone liable for the injured person if he tried to avoid the danger as well?

Sam, a delivery guy from X’s company was chased by a dog. Steve, driving and trying to avoid hitting Sam, turned his car to the left and accidentally went into the store and injured himself and three other people. Is Sam or his company liable for the injured people?

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2023

If this is a real-life setting, Sam could be dragged into the equation, depending on his alternatives, the reasonableness of his reaction, and the scope of coverage provided by the company's insurance. If this is a textbook setting, which is doubtful, since students never turn to Justia as a... Read more »

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1 Answer | Asked in Personal Injury and Health Care Law for New York on
Q: A hospital told me my daughter died 11 years ago (2011) now in 2022 they are saying their records says she is not
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 10, 2023

Under the law, hospitals in New York are required to keep patient records for six (6) years after the date of discharge or, in the case of a minor, three (3) years after the patient reaches the age of 18; or at least six (6) years after the date of death.... Read more »

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I learned that the cochlear implant was placed in wrong position after surgery, the cochlear implant and surgeon knew.

After the emergency surgery, the surgeon found out that my implant was wrongly placed over 20+ years which has led to injury to my ear area - based on the MRI finding as well as Cat Scan. It is suspected that CI company and surgeon knew about it and falsely reported that it was in the place but... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 28, 2022

I'm sorry for your ordeal with the cochlear implant. To evaluate the legal merits of your position, you could reach out to med mal attorneys and try to arrange a free initial consult. If a law firm felt there was a viable basis for a case, they could retrieve your patient records and review... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: In New York state supreme court in Albany County. Partial participation recorded at disposal. Means what?
Tim Akpinar
Tim Akpinar
answered on Dec 20, 2022

It could mean the other side didn't acknowledge their appearance on the court system's e-filing system (NYSCEF - New York State Courts Electronic Filing). In a broader sense, it could also have more general meanings, depending on context. Good luck

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3 Answers | Asked in Personal Injury for New York on
Q: Judgment reached years prior now new injuries occurring due to original case can I open a new counter case

Recent judgment on civil case can I open the case again due to New Evidence of injuries they just emerged nerve damage

Tim Akpinar
Tim Akpinar
answered on Dec 19, 2022

I'm sorry for your new injuries. It's likely that at the conclusion of your original case, you signed a release. New York personal injury releases generally contain terms where in consideration for money received, the claimant releases the defendant of all claims, present and future,... Read more »

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1 Answer | Asked in Education Law and Personal Injury for New York on
Q: My 13yr.daughter was assaulted by another student who hit her in the head with a cast. Can we sue the school & child?
Tim Akpinar
Tim Akpinar
answered on Dec 19, 2022

This may be more a personal injury law question than one about educational law. I'm sorry about the assault on your daughter. I hope she is okay. These scenarios are fact-intensive and require examination of school's supervision and other factors. I recommend you reach out to law firms to... Read more »

2 Answers | Asked in Personal Injury and Workers' Compensation for New York on
Q: I hired someone to paint my house, but he fell of the ladder. what is my responsibility ?
Tim Akpinar
Tim Akpinar
answered on Nov 28, 2022

It could depend on whether there were any safety issues related to the control of the property owner. But in general, the short answer is that such injuries are generally covered by workers' comp. Good luck

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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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