Sorry to hear what happened to you. Whether you have a viable claim against the assailant's employer will depend on whether his actions and use of force were within the scope of his employment. If not, you will need to demonstrate that the music venue / bar had knowledge of his bad disposition... View More

I'm so sorry for your loss. Putting aside the question of whether your ex-husband's actions would support a lawsuit for negligent infliction of emotional distress or loss of sepulcher, the statute of limitations for such lawsuits in New York is only three (3) years; the statute of... View More

Sorry to hear what you're going through. Generally speaking, you cannot present to an emergency room (or for that matter any medical facility) and force them to treat your own self-diagnosis. Based upon your clinical presentation and medical history, a physician will reach his or her own... View More

Addendum - If this matter involves any public agencies or entities, it would be advisable to seek guidance without further delay. Public agencies or entities could involve short notice of claim requirements (in other words, very short deadlines to initiate claims) - seek the guidance of an attorney... View More

You could check with the court where the case was handled. You could also check department of motor vehicle records for accident reports, which from your description, would have passed the threshold to file a report of motor vehicle accident. You indicate MORE surgery. If you have any leads to the... View More

Leaving a medical instrument within a patient's body can certainly constitute malpractice IF the instrument was supposed to have been removed following the operation. Surgical clips, however, are routinely used to control bleeding and are purposefully left in place for that reason (and because... View More

Psychiatric cases are handled like any other malpractice lawsuit. The plaintiff must demonstrate a departure from the accepted standard of psychiatric care; and that the departure from care was a substantial factor in causing an injury. An error in judgment is a valid defense to any malpractice... View More

Insurance doctors may be involved on some types of cases (no-fault or workers' comp). For general injuries such as slip and fall cases, the claimant may use their regular insurance and health care providers within that network. Keep in mind that at the conclusion of a case, the insurance... View More

If you wish to press criminal charges against the individual (having intercourse while you are knowingly infected is a misdemeanor), you would have to report the matter to the police and see if they are willing to pursue. With regard to pursuing a civil lawsuit against the individual, if the... View More

Sorry to hear what happened to your property. Before you can formally sue a municipality such as the City of New York for negligence, you must first file a Notice of Claim within 90 days of the occurrence. Once you've filed a Notice of Claim (a prerequisite to any lawsuit), you have 1 year... View More

If you do not think the settlement amount adequately compensates you for your pain and suffering, you should reject the settlement offer.

In a serious injury like yours, sometimes it is useful to stage a mock summary jury trial or two to see what a disinterested group reflective of a jury... View More

Those standards are there to protect the public. Professional Engineers are usually well qualified to develop standards due to their experience in real world settings. At the same time, there are also other highly qualified technical professionals who are well suited to develop standards, without... View More

If you had a medical malpractice lawsuit as a minor, the Court would have had to approve any settlement and would have issued an Infant Compromise Order. The Infant Compromise Order would have directed the settlement proceeds to be deposited in a bank account held jointly by an officer of the bank... View More

Sorry to hear what happened to your mother. Whether your mom might have a viable case will depend on whether the dog's actions were foreseeable such that they could have been prevented. In New York, dog owners are strictly liable for harm caused by their dogs if they knew or should have... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More