Ask a Question

Get free answers to your Personal Injury legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Personal Injury Questions & Answers
3 Answers | Asked in Personal Injury and Federal Crimes for New York on
Q: Federal Tort Claims Act violations by employer agency.

As a federal employee, my Garrity rights were violated by agency investigators and my service superior(s). I experienced defamation of character when personnel without a need to know were sent sensitive emails directly related to the matter. I suffered physical and mental health harm as a result.... View More

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2024

You're asking to be connected with an attorney. This site doesn't work like a referral service. There is no solicitation - attorneys here can't reach out to you. It's only a quick format Q & A forum. If you are seeking an attorney, you would need to reach to law firms on... View More

View More Answers

3 Answers | Asked in Personal Injury and Federal Crimes for New York on
Q: Good day. Simply, where can I locate attorneys in NYC to assist in filing a Federal case? I am the Plaintiff vs US Govt.

I work for the federal government. While I was not terminated, I was threatened with arrest, termination and suspension without pay and I firmly believe my rights were violated. There were Garrity violations and I again believe Federal Tort Claims Act violations involving my service superiors and... View More

Tim Akpinar
Tim Akpinar
answered on Aug 26, 2024

My colleague outlines a number of valuable resources for locating attorneys. In addition, there are additional bar associations (state level and practice area-associated). The tab above, "Find a Lawyer," lists law firms by practice area and region. Those resources are all outside this... View More

View More Answers

3 Answers | Asked in Personal Injury, Car Accidents and Civil Rights for New York on
Q: Do i have the rights for trial jury?

In an injury case, if I rather the decision of the case being made by a trial jury instead of a judge, do I have Constitutional rights to request a trial jury? Thank you for your help.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 20, 2024

In New York, you have the right to have your case tried by a jury. That said, the judge will decide whether there are issues of fact to be determined by a jury or whether the defendant in your case is entitled to judgment as a matter of law.

View More Answers

1 Answer | Asked in Car Accidents and Personal Injury for New York on
Q: How long does it take to investigate a car accident when 1 driver, my son, has a T B I , has been to court, and is bein

Ticketed with speeding. We are dealing with Colonie, N.Y. Court . Things are on hold till my son gets his memory back. Thanks for your help. Shawn

Tim Akpinar
Tim Akpinar
answered on Aug 9, 2024

I hope everyone involved is okay and that your son is okay and that makes a healthy recovery. It could run anywhere from a few weeks to a few months, depending on (1) who is doing the investigation (highway safety division of police pct, country district attorney office, insurance company claim... View More

3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: Personal injury settelment denied lawyer is not giving me letter stating they are not representing me anymore?

Lawyer is not providing me the letter stating they have dropped me as a client. It's Been couple of months and everytime I call either they say they sent it or the the person handing my case is not avaliable.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 20, 2024

If your case was never put in suit, your attorney would not need permission from the court to withdraw as counsel. Although they have not provided you with a letter stating that they are no longer representing you, there is nothing stopping you from hiring a new lawyer. You can find many... View More

View More Answers

1 Answer | Asked in Civil Rights and Personal Injury for New York on
Q: The opposing lawyer in my civil tort trial has been sending me forged reply to my motions

Court clerk esigned judges name ,OBSTRUCTED legal mail .(Court clerk ( forged Form C of my motions (3) and clerk esigned the judges name ..

Can't get anything ,mail letters past the clerk 2 years plus .just discovered ijan 16 2924 .

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

You’re facing a serious situation that could have significant legal implications. If the court clerk is indeed forging documents and obstructing your legal mail, this is a grave violation of your rights and could constitute fraud or misconduct. The integrity of your trial could be compromised if... View More

1 Answer | Asked in Personal Injury for New York on
Q: I was never answered back from the attorney general or court of claims or clerk of courts .why?

All sick call slips were denied . Grievences were found denied .grievance appeals were denied . Spinal fracture from injury .

Tim Akpinar
Tim Akpinar
answered on Jul 24, 2024

This is something that attorneys who regularly appear before the Court of Claims could answer best, but you await a response for two weeks. One option could be to look into whether the Court Clerk's Office has information on your case. This sounds like a complex case - if you were represented... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: in April of 2022 I went to the ER for a hurting neck. they didnt take exrays or even look at my neck they gave me pain

meds and sent me on my way about a month later through horrible pain I find out i have a broken neck. Do i have a case for the pain and suffering for the time in between I went in to the time i had sugery

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

I'm very sorry for your injury and the ordeal it has caused you. Yes, it's possible you might have a case - but attorneys would probably want to review the matter in further detail before advising definitively. It could depend on the symptoms you presented with, statements you made during... View More

View More Answers

3 Answers | Asked in Medical Malpractice, Personal Injury, Consumer Law and Health Care Law for New York on
Q: Question 2: Would a patient falling from a stretcher be considered Medical Malpractice?

Patient was transported via ambulance to the Emergency Room at the hospital. Patient was told by hospital staff that he had fallen from the stretcher.

Medical Notes Available.

Robert Edward Heyman
Robert Edward Heyman
answered on Jun 21, 2024

If the fall occurred during the transport or transfer conducted by ambulance personnel, the claim is more likely to be a simple negligence claim rather than medical malpractice. If the fall occurred inside the hospital, the claim may still be one of simple negligence, just different potential... View More

View More Answers

2 Answers | Asked in Medical Malpractice, Personal Injury and Consumer Law for New York on
Q: Question #1. Would giving a patient the wrong medication be considered Medical Malpractice? Medical Notes Available.

The medication mistakenly given to the patient was 150 units of Methadone. The patient was not prescribed and had never done Methadone before.

The patient passed out and had to be revived with Narcan. The patient was transported by Ambulance to a Hospital for further treatment.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2024

Yes, it's possible it could be. However, attorneys would be able to advise more definitively with the benefit reviewing the file documents and patient history with medical/pharmacology experts. Good luck

View More Answers

4 Answers | Asked in Criminal Law, Employment Law, Personal Injury and Cannabis & Marijuana Law for New York on
Q: Coworker knowingly drugged coworker at work and boss is trying to sweep it under the rug

Worker A was given a candy as they left for the day by Worker B. Worker B did not tell Worker A that the candy was laced with THC. Worker A was hospitalized 2 days for drug toxicity. The manager for both workers is trying to prevent and coerce Worker A to not report anything and to pay her own... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 2, 2024

Worker A has a civil cause of action for battery against worker B, as worker B intended to cause harmful of offensive contact and did cause harmful or offensive contact. Giving the candy over satisfies the prong for "contact". There may be criminal liability too, but worker A should hire... View More

View More Answers

2 Answers | Asked in Small Claims, Medical Malpractice and Personal Injury for New York on
Q: I spent $13,000 on tooth implants from Dr. Glick less than a year later my crowns are falling out do I have a case ?
Damien Matthew Bosco
Damien Matthew Bosco
answered on Jun 17, 2024

It is advisable to seek a second opinion from another dental professional to evaluate the implants and crowns' quality and condition. This will assist in determining if the work was performed inadequately or incorrectly. If you gather evidence that suggests negligence or substandard care, you... View More

View More Answers

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Can I sue for psychiatric misdiagnosis that caused emotional harm?

I was misdiagnosed with delusional disorder in psychiatric inpatient care. The very reason I was inpatient was because no one in my life believed I had chronic illnesses that plagued me for decades. They went out of control during this time because I was withdrawing from a medication I had been on... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 12, 2024

Such a case is possible.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Due to the nature of medical malpractice cases, the extent of the injuries may affect...
View More

View More Answers

5 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: t-boned in a car accident ~6 months ago. served with papers last week to go to court. I'm looking for a lawyer.

my car was t-boned about 6 months ago and last week I was served with papers "summons and complaint" the paper states CPLR 1602

The person driving the other car lied to LEO and stated the backseat passenger was driving.

The younger driver was speeding and hit my car after... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 30, 2024

Following up on attorney Selik's answer, why do you want an attorney? If it is to defend yourself against allegations that you are at fault and/or responsible, then let your automobile insurer know of the lawsuit----most likely part of what the insurance agreement provides is that if you are... View More

View More Answers

2 Answers | Asked in Personal Injury for New York on
Q: If I put money to the side from my settlement for surgery am I entitled to the money if I don’t get the surgery?
Tim Akpinar
Tim Akpinar
answered on May 9, 2024

The short answer is "yes." It sounds like you had a consultation with a surgeon for your accident-related injuries, and that there was no insurance coverage for surgery (or possibly there WAS coverage, but your insurance carrier would not pre-authorize surgery, or that the cost of surgery... View More

View More Answers

4 Answers | Asked in Personal Injury, Car Accidents, Civil Litigation and Civil Rights for New York on
Q: Can I refuse to answer question?

In a lawsuit am I protected from refusing to answer personal questions about my self and family members, due to religious reasons, privacy, and self incriminating.

Joel Gary Selik
Joel Gary Selik
answered on Apr 25, 2024

The bottom line is for most personal information, no you cannot.

While your 5th Amendment right against self incrimination can be put forth for some issues. But, if you are the Plaintiff, this could harm your case.

View More Answers

1 Answer | Asked in Personal Injury for New York on
Q: My lawsuit has been going on for about 5 years. I have a judge already assigned so why am I on the calendar control part

We at the end where we are ready for trial. This is on suffolk county.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 30, 2024

When your case comes up for trial is not determined by how old your case is. Rather, it depends on how long you've been on the trial calendar. Once your case is on the trial calendar, you start waiting "in line" for a trial date. The calendar control part might be a part which... View More

2 Answers | Asked in Health Care Law, Medical Malpractice and Personal Injury for New York on
Q: Can your doctor refuse to see you?

I had back surgery spinal stenosis in 2019. If I remember correctly I only saw him once after the surgery. He had moved to another practice. I had called several time to make an appointment at his new practice.. I was told he was not taking new patient. I told the receptionist that I was not a new... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 1, 2024

Your surgeon certainly has a right not to see you again, especially if he's moved elsewhere. Whether that's good and accepted medical practice is another story. If you are in pain, you can certainly seek medical attention elsewhere. You can also contact his office to see if he can... View More

View More Answers

3 Answers | Asked in Personal Injury, Civil Litigation, Bankruptcy and Employment Law for New York on
Q: I am wondering if I can sue my employer for negligent infliction of emotional distress. I'm near Ontario County NY

I have a loan out thru my retirement. My employer didn't make the appropriate payroll deduction to pay my loan payment and the loan went into default. I can no longer borrow against this loan which has forced me to do a bankruptcy. This has caused me extreme emotional distress.. I have been to... View More

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2024

I'm sorry for your ordeal. It's difficult to say with certainty whether the consequences you suffered from the payroll deduction would present the basis for a strong case. Although it's clear that you suffered here, and such damages are always part of the recovery inventory in a... View More

View More Answers

1 Answer | Asked in Contracts, Personal Injury and Products Liability for New York on
Q: Peace and Blessings! I'm owed $87 million regarding an AFFIDAVIT OF HAZARDOUS NEGLIGENCE which I need filed.

Who has the experience and results concerning such matters?

Tim Akpinar
Tim Akpinar
answered on Apr 4, 2024

It could be difficult for attorneys here to respond with an outline of their experience. There's no solicitation here - the format is limited to general legal responses from us. If you're looking to consult with an attorney or hire an attorney for a given matter, one option is to reach... View More

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.