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New York Personal Injury Questions & Answers
1 Answer | Asked in Civil Litigation, Personal Injury, Social Security and Workers' Compensation for New York on
Q: is my wife entitled to any part of my Veterans Disability & Workers Compensation?
George E. Patsis
George E. Patsis answered on May 30, 2020

Are you divorcing? Please re-post with more details.

1 Answer | Asked in Family Law, Personal Injury and Civil Rights for New York on
Q: Hello! I am 16 years old, and CPS has opened a case on me, following me around and tapping into my phone.

There hasn't been any signs of neglect or abuse found in my house, even though my mother tried to kick me out. The case is supposed to be closed, obviously, but they won't close it.

Apparently, they have been following me around and they tapped into my phone when it was taken away... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 24, 2020

They are there to protect you so there isn't much you can do. However, if you have proof that they tapped your phone without a court order that can be reported to the police as that is a crime. In addition you can get a lawyer to sue on your behalf to stop all phone intercepts.

2 Answers | Asked in Personal Injury, Animal / Dog Law, Medical Malpractice and Wrongful Death for New York on
Q: Is there any attorney in New York willing to take a veterinarian malpractice case?

Our dog died a sudden, senseless, and tragic death at the hands of a negligent veterinarian. We are aware that the veterinarian violated standards of case for several reasons. We have a necropsy report, toxicology report, and an expert witness veterinarian opinion letter. This not about money - it... Read more »

James Avery
James Avery answered on Apr 20, 2020

I’m cautious whenever people say its “not about money” because the reality is that an attorney’s time is their stock in trade, and time is money. There is small claims court for folks with initiative but without money, and if you get the Judgment it vindicates you!! But if you want a... Read more »

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1 Answer | Asked in Personal Injury for New York on
Q: My 2 year old got a small burn on his chest by an apple charger . Can i sue the company?

The charger got so hot that it peeled his skin.

Tim Akpinar
Tim Akpinar answered on Apr 13, 2020

I hope your son is okay. The most important thing at this time is to make sure he receives necessary medical attention. You could see what his pediatrician says about the injuries. If they are of a temporary nature and show promise of healing soon, which I hope is the case, there may not be a... Read more »

1 Answer | Asked in Business Law, Personal Injury and Civil Rights for New York on
Q: If I am filing a small claims of $320, which is the amount I lost, how much can I charge for damages?

Is there a minimum or maximum amount that I can charge for damages?

Tim Akpinar
Tim Akpinar answered on Apr 8, 2020

The New York State Unified Court System has some educational resources for using Small Claims Court. Here is web address for their page:

http://www.courts.state.ny.us/courts/nyc/smallclaims/videos.shtml

They answer questions about amounts and other issues. Good luck

Tim Akpinar

1 Answer | Asked in Products Liability and Personal Injury for New York on
Q: What is the liability of the hairstylist when selling professional hair color to their clients for at home use?

We are thinking of making color "touch up" kits to sell to clients during the time we are closed due to social distancing. What are the liabilities associated with this as the business owners if something were to go wrong with either the color results , unexpected hair damage or personal... Read more »

James Avery
James Avery answered on Apr 2, 2020

Liability will generally depends on whether a license is required to sell the product, and if so, there is probably a potential for liability.

1 Answer | Asked in Personal Injury for New York on
Q: My underage friend was raped, his attackers are of age. Will this go to court?

He has video proof, has taken it to the police and was blackmailed by these people. He also made sure friend was also on FaceTime to witness it.. will the friend have to stand witness?

James Avery
James Avery answered on Apr 2, 2020

The “will witness have to go to court” will depend on the situation. Criminal cases will depend on the Prosecutor. Civil cases, a witness generally cannot be compelled to testify.

1 Answer | Asked in Personal Injury for New York on
Q: If a hairstylist sells professional color to a client for at home use during the Coronavirus shutdown, are they liable

I couldn't fully type the question above but I want to know if the hairdresser is liable if the actual color causes hair damage or personal injury (not coronavirus). Can we have them sign a waiver that would exempt us from being held liable?

Michael Bersani
Michael Bersani answered on Mar 25, 2020

It depends on where you live, what’s the executive order or rule is regarding this, and whether you got the coronavirus and Got sick or died, and whether you can prove that this was caused by the product you purchased.

2 Answers | Asked in Personal Injury, Real Estate Law and Municipal Law for New York on
Q: Is there a specific law stating fire departments are responsible for visitors on department property.

Doing research for a class project

Tim Akpinar
Tim Akpinar answered on Mar 9, 2020

It does not seem like something that would expressly be spelled out in any statute or code. But you should still research and check municipal codes and ordinances (including those written by FDNY) to be certain. If after diligently checking, you find no such provisions, you could consider including... Read more »

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2 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for New York on
Q: My father died a year ago supposedly from an enlarged heart but he had been to military hospital for check ups for a

Recent spine surgery he lived in Michigan this happened in Michigan is this normal the night be for he died he was complaining of a headache

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 1, 2020

This sounds like a medical question not a legal one, additionally this should be posted in the Michigan area not NY.

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1 Answer | Asked in Personal Injury for New York on
Q: Is there a law protecting an employee personal medical information

Can an employer share any medical information with my coworkers

Tim Akpinar
Tim Akpinar answered on Feb 20, 2020

Yes, HIPAA laws protect personal medical information. Good luck

Tim Akpinar

2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: My son was in an accident on Feb 6, 2020 on Route 17 west bound. My question is the weather was very bad rain and sleet

All the local agencies and state agencies knew of impending weather, but there were no salt trucks out. On this one section of highway there 8 vehicles that had slid of or had some kind of accident. How do I put a claim in against NYS for the highway not being properly maintained.

Michael Bersani
Michael Bersani answered on Feb 10, 2020

That's a State road, so you would have to file a "notice of intention to file a claim" or else a "claim" against the State of New York within 90 days of the accident. If you are late filing, it is a problem, but the problem can probably be overcome if too much time does... Read more »

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1 Answer | Asked in Personal Injury for New York on
Q: I cant find a lawyer here, so can a paralegal help me with my current pro se case ?
Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

They can assist. But the scope of things that a paralegal can do is more limited in nature. A fundamental difference (and you can go online and research the full range of distinctions between the two professions) is that a paralegal cannot generally represent a client in court. This is not a... Read more »

2 Answers | Asked in Civil Litigation, Divorce, Personal Injury and Federal Crimes for New York on
Q: i was married on 4-25-2014 and my wife is and correction officer who had her job or her job had her put me in dummy

book against my will they came into my house on 11/19/2014 pull a gun out on me because i was video taping him asking him what reason did he just enter into my home he states i was call long story short they took me out my home and tried to kill me in a public hospital with hand cuffs on behind my... Read more »

Gary Kollin
Gary Kollin answered on Oct 7, 2019

Firtst, you wrote in a run on sentence so it is not clear what you wrote

I have no idea what a dummy book is

Second, stop making public statements

Third, if you want a lawyer, then call one.

Do not expect lawyers to respond to your public announcement

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1 Answer | Asked in Personal Injury for New York on
Q: Statute of limitations on getting hit by drunk driver.

I was hit by a drunk driver 2/2017. I have been having neck issues. Is it too late to sue ? Accident happened in NJ, I live in NY

Ken Shigley
Ken Shigley answered on Sep 26, 2019

In general, in a personal injury suit in New York, the statute of limitation is three years. N.Y. C.P.L.R. § 214(5)

1 Answer | Asked in Employment Law and Personal Injury for New York on
Q: New York - My wife is 9 weeks pregnant. She was at work and witnessed her boss and an employee arguing. The employee

knocked over a flower vase full of water. She was then asked by the employee to take the two other vases to the basement. She slipped in the water which wasn't visible and walked towards the stairs. the stairs are concrete and glazed. she was holding two vases and proceeded to the stairs where... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 12, 2019

Contact workers compensation lawyers. Books or no books she was injured on the job. She has the right to recover work comp benefits.

1 Answer | Asked in Criminal Law and Personal Injury for New York on
Q: i was assaulted by a famous photographer, and want to share my story online. i have no solid evidence. can i be sued?

i have no photo evidence and no police or medical report. the photographer claims nothing happened.

Michael Bersani
Michael Bersani answered on Aug 28, 2019

Yes, you can be sued. Defamation.

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
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... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: If a security from my building hit me , Can I sue
Michael H. Joseph
Michael H. Joseph answered on Aug 11, 2019

Yes. Any unauthorized physical contact is a battery

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