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New York Personal Injury Questions & Answers

3 Answers | Asked in Car Accidents and Personal Injury for New York on

Q: wrongful death auto car accident lawsuit

- Mr.A got into an auto car accident and a pedestrian got killed unfortunately

- lawsuit of wrongful death lawsuit is brought against Mr.A.

- if the case is settled for X amount and still the balance is remained after insurance payment, can they come after Mr.A's business for... Read more »

Peter N. Munsing answered on Aug 20, 2019

Not clear what you are asking ---if you mean after the car insurance pays, they will likely also look for coverage from the business insurance. The attorney's main interest is in insurance--for the most part, they aren't interested in someone's business except to the extent that means more... Read more »

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1 Answer | Asked in Personal Injury for New York on

Q: If a security from my building hit me , Can I sue

Michael H. Joseph answered on Aug 11, 2019

Yes. Any unauthorized physical contact is a battery

4 Answers | Asked in Personal Injury for New York on

Q: Hello, I cannot afford a lawyer, but I need one for a slip and fall case. Bayside, NY 11360

Anthony A. Ferrante answered on Aug 8, 2019

Good afternoon -

Personal injury attorneys work on a contingent fee basis, which means that they do not get paid a fee unless they help you obtain a successfully money recovery.

This site has helpful information with these types of claims:...
Read more »

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1 Answer | Asked in Personal Injury for New York on

Q: : hit the button to stop my SUV liftgate (hatch). But it closed and smushed me. I have injuries, concussion, neck & back

The gate was closing and the button didn’t work and kept closing me in on it. Manual states that if I hit button it will stop. It further states that if it detects something it will stop. It did not stop and my head was smushed between gate and taillight - I have a small cut on my head from it

Michael Bersani answered on Aug 5, 2019

Product liability cases are extremely expensive. Your lawyer (if you find one willing to take your case) will have to hire an expensive engineer to study the cause of the failure. Your injury is not worth the cost. Generally, products liability cases have to be significant, serious injuries, to be... Read more »

1 Answer | Asked in Personal Injury for New York on

Q: can the plaintiff in NYS toxic tort case contact the medical examiner that their lawyer uses ?

my toxic tort lawyer NYS has done basically nothing - didnt even have the professional mold assesment done in my home that she promised 10 times to do albeit i am still living with high levels of toxic mold and my health is deteriorating. I happened upon the same medical examiner that she uses on... Read more »

Michael Bersani answered on Jun 9, 2019

Sure, but you are to ask your lawyer first. There should be no reason for you to contact him directly. You should work through your lawyer.

1 Answer | Asked in Criminal Law, Personal Injury, Traffic Tickets and Gov & Administrative Law for New York on

Q: Having issue with speeding in my neighborhood. No sidewalks. Kids ride bikes in road and local residents speed past kid.

Wondering of rights as resident. Called town and being told keep kids out of road. Not addressing the law breaking of residents. Put slow down structure at foot of driveway. What else can I do to stop a child from being killed. What are the children's rights.

Peter N. Munsing answered on May 23, 2019

Petition the local city council or whatever form of government you have for placement of a speed limit sign etc. However kids should not be riding bikes on roadways unless they are fully competent, have helmets on etc. We lived on a road like that and that's one of the reasons we moved--no way... Read more »

1 Answer | Asked in Landlord - Tenant and Personal Injury for New York on

Q: I need to know how to fight my landlord. for personal injury and bad living condition

she has yet to fix my staircase which I fell down and have paperwork showing it caused a concussion and shoulder injury. I now deal with a traumatic brain injury which built up to much fluid and I'm on medication for the migraines. I also have a leak in my roof that is causing the ceiling to sag in... Read more »

Peter N. Munsing answered on May 23, 2019

Contact a member of the NYState Trial Lawyers Assn --they give free consults.

1 Answer | Asked in Identity Theft, Real Estate Law, Family Law and Personal Injury for New York on

Q: This Stranger took us to court for possession of our house and lost. Judgement was decided against her.

8 months later because she saw boards on our house she stole all the contents, ID's then changed deed to her name. Stranger not heir.

Michael David Siegel answered on May 20, 2019

This appears to have civil and criminal components. Call the police to report what happened. Then you can consider suing the person for damages. A deed change requires a Supreme Court lawsuit.

1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Discrimination for New York on

Q: Can I sue my place of employment for pain and suffering due to a fall while I was pregnant

The fall at Northwell Health Lij resulted in a life threatening situation for my daughter and I , and I underwent 2 back surgeries. I had to leave my home and move in with my parents for financial and medical reasons. It led me to file section 32 which required me to resign, however the resignation... Read more »

V. Jonas Urba answered on May 16, 2019

Consult with personal injury lawyers. Maybe a third party lawsuit? Constructive discharge is very difficult to prove. You were either able to perform your job duties with accommodation or were not. Did you request any type of reasonable accommodation and if it was reasonable and not an undue... Read more »

1 Answer | Asked in Civil Rights, Identity Theft, Personal Injury and Real Estate Law for New York on

Q: We won judgement that it is not plaintiffs house. Fatally defective paperwork and no monetary exchange.

Plaintiff put her name on our house eight months later after stealing all of our worldly possessions.Recently put a fence up that i can't enter my own property. Notary public papers i was not privy to seeing. Removed by police i was!!!!!

Elaine Shay answered on May 11, 2019

There appears to be a lot more to your story than you have been able to post here. It would probably be necessary to sit down with an attorney and take the time to fully explain your situation to receive meaningful advice.

2 Answers | Asked in Personal Injury for New York on

Q: Is it usual for a slip and fall case to go on for 4yrs?

Jeena R. Belil answered on May 10, 2019

Yes, it can. The facts and circumstances of every case are different and courts are packed with cases just like yours. As long as you and your lawyer are communicating and you are being advised what step your case is in, and your case is progressing, no matter how slowly, it’s pretty normal.

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1 Answer | Asked in Small Claims, Personal Injury and Health Care Law for New York on

Q: I was forced to take a drug that make me a less of a man. I need a law to bring all this people to justice 6464892008

Above is my phone number for more info

Peter N. Munsing answered on Apr 26, 2019

you should ask the site to take your phone number down.

Contact a member of the NYState Assn for Justice--they give free consults. Look for one in the county where this happened.

However if you mean impotence, it is very, very difficult to prove it came from the drug and not from...
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5 Answers | Asked in Car Accidents and Personal Injury for New York on

Q: My daughter was hit by A car while crossing the street she had the light was in the crosswalk he was turning

Driver was issued a summons for failing to yield my daughter was taken to the hospital with a broken scapula. Other injuries as well can we sue?

Michael H. Joseph answered on Mar 26, 2019

Yes, but the first step is you need to file a no fault application with the insurance company for the car that hit your duaghter within 30 days of the accident. They are responsible for paying for her hospital and medical bills. You can find out the insurance company from the code on the police... Read more »

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1 Answer | Asked in Personal Injury and Banking for New York on

Q: I won a settlement. My lawyer died and his son that took over cannot access his bank account how long do I have to wait

The check is at my lawyers office.

Michael David Siegel answered on Feb 28, 2019

Something is not right. You need to contact the bar and file a grievance. This is not how this works.

3 Answers | Asked in Personal Injury and Wrongful Death for New York on

Q: My son got hit by a car he’s brain-dead what do I do how do

Is the first time in this kind of situation what do I do do I should as the driver who hit my son or the other Driver that hit him the second time

Jonathan Bradford Ripps answered on Feb 21, 2019

Hello – I am terribly sorry for your situation. You should contact an attorney immediately in order to discuss causes of action. We are available if you would like to speak further.

Jon Ripps

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2 Answers | Asked in Personal Injury for New York on

Q: Who will be sued in case of slip/fall, owner of property or tenant who should remove snow as required by lease contract?

Peter Briskin answered on Feb 21, 2019

It depends on type of property, exactly where the person fell and what caused specifically what caused the fall.

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1 Answer | Asked in Criminal Law, Personal Injury and Wrongful Death for New York on

Q: How do you get records that are sealed open & is it possible to file a suit against the NYPD & the city w/ a 25 y/o case

My mother was shot multiple times and killed by an off duty police officer (dirty copy) who was high on cocaine and in possession of it in 1993. The gun used and serial # are missing from the arrest report and his records were immediately sealed. He was sentenced to 25 years to life and is up for... Read more »

Peter N. Munsing answered on Feb 4, 2019

Time for you to bring a case would have been, with the most liberal ruling, when you turned 21. I don't see any way, but why not contact a member of the NY State Trial Lawyers who handles police misconduct cases.

1 Answer | Asked in Personal Injury, Civil Litigation, Insurance Defense and Municipal Law for New York on

Q: If an individual travereses on frozen water, do they do so at their own risk?

New York State: A number of discussions on traversing on frozen water exist. The DEC discusses safety issues for recreation users like anglers. The Parks and Recreation statutes discuss the use of snowmobiles. The NYS Snowmobile association discusses training, risks, and safety measures that a... Read more »

Peter N. Munsing answered on Feb 4, 2019

First, don't put you email up ---ask Justia to take it down.

I'm not hearing any specific facts in your situation. As a general rule a person chosing their route is responsible for it's safety. Unless there is a need to go across frozen water they would be harmed. Look at the Restatement...
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2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for New York on

Q: What case law exists awarding for emotional damages associated with having to opt for direct cremation over burial?

I recall coming across case law in either a wrongful death case or medical malpractice case where the plaintiff(s) were awarded for emotional distress resultant from having to choose direct cremation of their loved one instead of burial (their preferred method of disposition).

Thank you... Read more »

Peter N. Munsing answered on Feb 4, 2019

I think that would be a difficult case to prove. Suggest you contact a member of the NY State Trial Lawyers Assn--they give free consults.

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