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New York Personal Injury Questions & 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...
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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

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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

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 7, 2024

As my colleagues have correctly advised, if you have insurance, report the matter to your insurance company ASAP. It will assign counsel to defend you in the lawsuit and pay any judgment entered against you up to the limits of your liability coverage. If you have no insurance, you'll need to... View More

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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

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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?
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 20, 2024

The short answer is yes. If you already received the settlement proceeds, you can spend it however you see fit. Keep in mind that if end up having surgery, the $ to pay for the surgery may no longer be available. Also, if you are a Medicare beneficiary and the funds were being kept in a Medicare... View More

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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

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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

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.

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2024

Addendum - a religious basis could be raised if the questions dwell on religious elements that have nothing to do with the accident case. Good luck

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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.

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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.

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

Section 221.2 of the Uniform Rules sets forth the circumstances in which you can refuse to answer a question at deposition.

A deponent shall answer all questions at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to enforce a limitation set forth in an...
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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.

Tim Akpinar
Tim Akpinar
answered on Apr 25, 2024

From the categories you chose, it appears this is a civil case that involves a motor vehicle accident. The concept of refusing to answer questions on self-incrimination grounds is generally associated with criminal matters, in terms of the Fifth Amendment protections. In civil cases where an... View More

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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

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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

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 19, 2024

Sorry to hear what happened to you. In New York, you can only recover for negligent infliction of emotional distress where the behavior in question is extreme and outrageous. An actuarial error relating to your payroll deduction likely does not likely qualify.

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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

James L. Arrasmith
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answered on Apr 23, 2024

In New York, an employee may be able to sue their employer for negligent infliction of emotional distress (NIED) if the employer's negligent actions caused the employee to suffer severe emotional distress. However, succeeding in such a claim can be challenging, as you would need to prove the... View More

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1 Answer | Asked in Personal Injury for New York on
Q: what is the monetary jurisdiction of colonie justice court
Tim Akpinar
Tim Akpinar
answered on Apr 9, 2024

I'm sorry your question remains open for two weeks. This is really something that attorneys local to that court would know best. For now, you could check with the clerk's office of the court. If your matter involves personal injury, you want to proceed in a court of unlimited... View More

1 Answer | Asked in Consumer Law, Personal Injury, Energy, Oil and Gas and Municipal Law for New York on
Q: Nyseg took the meter from my house, yesterday, a week after restarting my account. It is 15°

I am disabled, working through repairs from an electric fire. Are they responsible for broken pipes because they filled the lines with water, allowing the electric on, then caused the freeze with no notice removal. Fresh foods frozen, botled water froze(no electric no waterpump no toilets)

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2024

I'm sorry for the stressful situation you have been placed into. It could be difficult for an attorney to offer a simple, direct answer to your question in the brief post without knowing more details, and figuring out what happened here. Until you're able to discuss with a local attorney,... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for New York on
Q: When does statute of limitations really end?

I know the statute of limitations is 2 and a half years for medical malpractice in NY ,but what if your symptoms aren't prevalent till after that ?

Alexander Karasik
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answered on Mar 18, 2024

Great question. Short answer is: it depends on the nature of your malpractice claim. NY has a limited "discovery rule" --which extends the 2.5-year statute of limitation to one year past the discovery of the medical malpractice. However, the "discovery rule" exception is... View More

1 Answer | Asked in Personal Injury for New York on
Q: Injury from a store fall, I was offered $500 but don't think its fair, what would a fair offer be?

I fell from sitting on an outside chair in a store when the leg broke hitting my shoulder (which I had previous surgery on) on the floor. The maker of the chair has offered me $500 but I don't think it's a fair offer. I've had pain in this arm since it's happened, my doctor... View More

Tim Akpinar
Tim Akpinar
answered on Mar 12, 2024

I'm sorry about your fall. Unfortunately, it would be difficult for attorneys here to answer your question about a figure for a counteroffer. They would likely want to review your medical records, the impact of the injury on your life, time disabled/not able to work, and prognosis for... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I was emailed a summons for a malpractice with a document to complete for an insurance claim. How should I proceed?

I was involved in caring for a patient and now I was summoned with other providers. The malpractice insurance want me to complete the claim. Should I do this without a legal advisor?

Tim Akpinar
Tim Akpinar
answered on Mar 9, 2024

Learn what you can about the scope of coverage of the insurance carrier, the nature of the claim, and the extent of your employer's coverage. Is the insurance carrier covering you and other staff of the facility where you were employed? Or is the insurance carrier providing coverage for only a... View More

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1 Answer | Asked in Education Law and Personal Injury for New York on
Q: My college forces all freshmen to buy a meal plan, i have food allergy and they dont have food suitable for me. can i su

My college forces all freshmen to buy a meal plan. I have celiac disease, and the dining hall fails to give me gluten free food or gluten free food without cross contamination. The food they say I can eat is prepared not in gluten free environments which leaves me sick almost the entire time I am... View More

Tim Akpinar
Tim Akpinar
answered on Feb 28, 2024

Technically speaking, a lawsuit is almost always possible in situations where one suffers damages at the hands of another party or entity. But a practical question could be whether a lawsuit is the best course of action, if it is possible for the facility to accommodate your needs. In terms of... View More

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