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New York Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury and Insurance Bad Faith for New York on
Q: How somebody can claim personal injuries in front of my house if there is no obstacles, potholes or cracked sidewalk?

If somebody claims that got hurt in front of my house how can request to be paid by my house liability insurance? My security system is old and cannot record, just view. Out of nowhere you just try to get money from your neighbors ?

Tim Akpinar
Tim Akpinar answered on Sep 25, 2021

Your homeowner insurance company will thoroughly investigate the matter. It is not enough for someone to simply fall. They must show that it resulted from a defect in the surface or negligence on your part. The claims adjustor or defense attorney from your insurance company should be able to... Read more »

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2 Answers | Asked in Civil Litigation and Personal Injury for New York on
Q: Consumption by Fraudulent Means. Is there a law against this in NYS

I was slipped an illegal substance in my drink unknowingly. There are witnesses. I later had my urine tested. It tested positive for thc. I have eye witnesses. This has caused me mental anguish and anxiety. Do I have a civil case?

Peter N. Munsing
Peter N. Munsing answered on Sep 17, 2021

Yes. You have a battery case (as in assault and battery). However, if the person has no money, you may win but not collect. Also, if the only effect is anxiety be aware that courts require proof of mental harm, and some states have more stringent requirments.Contact a member of the NY State Trial... Read more »

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Q: Workers compensation contract

I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 9, 2021

I'm not certain what it was that you signed while hooked up to IVs in the hospital, but I'll address the personal injury aspect of your question, since you posted under that category. If you were injured in the course of your employment, it's possible you could have the basis for a... Read more »

1 Answer | Asked in Personal Injury for New York on
Q: Hello, my son was involved in a injury case in California and was awarded a settlement from the defendant.

this settlement was reach in Feb of this year (2021). As of today AUg. 11, my son has not received his settlement award. Is there a time limit for payment to a plaintiff in the state of California.

THank you

Tim Akpinar
Tim Akpinar answered on Aug 11, 2021

I'm sorry your son was involved in an accident - I wish him a healthy recovery from his injuries. In terms of statutory requirements, if there are any under California law, you could repost your question under California. I could say this for most jurisdictions nationwide, as a general matter... Read more »

3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: NYS- Do I have to settle a liability claim in 3 years or I lose my rights? (struck by car in a crosswalk while on a bike

I was technically at fault due to being on a bike. Woman driving the car was messing with radio making a left hand turn. Insurance adjustor is pressuring me to settle tonight or I'll get nothing because tomorrow is 3 years.

Follow-up questions: Police report places blame on me... Read more »

Charles Edward Green
Charles Edward Green answered on Jul 31, 2021

I should have added, being on a bike does NOT “make you technically at fault”. A vehicle making a left turn is required to yield right of way to pedestrians and bicyclists. I have no idea how the accident happened, but that too is something to discuss with an attorney.

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1 Answer | Asked in Criminal Law, Personal Injury, Real Estate Law and Federal Crimes for New York on
Q: How can I file a suit on tom aini and the hornell police sheriff's dept state police and the city hall brian schu lawyer

I have evidence in drug activity corruption harassment sexual harassment I all listed above and a few other officials in the city

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jul 28, 2021

If you wish to report corruption involving local and state elected officials, you should report the matter to the Office of the Comptroller, https://www.osc.state.ny.us/investigations , which is charged with fighting corruption. You do not have legal standing to file suit on such matters. As for... Read more »

2 Answers | Asked in Personal Injury for New York on
Q: I have used the biotin shampoo for years and recently stopped because of massive hair loss. How do I apply for a lawsuit

I used the biotin shampoo and conditioner for years and had dramatic hair loss until I stopped using it recently. How can I apply for a lawsuit?

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jul 6, 2021

Sorry to hear what you went through. Unless your hair loss was permanent, a products liability lawsuit would probably not be warranted given the costs associated with such lawsuits. You should consider just writing to the manufacturer and asking for a full refund. Moreover, it appears biotin... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: I have a personal injury case since 2017 it is now in the stp part. The defendant is asking for trial authorizations!

They are requesting medical therapies that I have went to after my accident. What is the meaning of this trial authorizations.

Tim Akpinar
Tim Akpinar answered on Jun 30, 2021

Without actually seeing the forms, it sounds like they are authorizations to obtain medical records. This is one of the formalities when attorneys exchange medical records - the patient signs an authorization to permit retrieval of the records. But your attorney could explain the forms in the best... Read more »

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1 Answer | Asked in Personal Injury for New York on
Q: Hello I have a personal injury case that’s in the stp part ! The judge denied summary judgement that the defendant filed

Then defendant filed appeal judge still denied appeal ! Now there’s something filed by court that says remitturr! There was no trial yet ! How can judge reduce award or verdict when there was no trial yet?????? We have not went to trial as of yet but the last entry by court was remitturr I... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jun 17, 2021

I think you posted this question a few days ago. Remittitur is the process by which the Court reduces a jury's verdict. If your case never went to trial (either in front of a judge or a jury) then there would arguably be no verdict for the Court to reduce. Assuming you are representing... Read more »

2 Answers | Asked in Family Law, Personal Injury and Education Law for New York on
Q: Seeking attorney for physical child abuse that happened to myself as a child by elementary school administrators.
Tim Akpinar
Tim Akpinar answered on Jun 11, 2021

I'm very sorry this happened to you. If you're seeking an attorney, it might be more productive to use the Find-a-Lawyer feature above. The Q & A format here is unlike an attorney referral service, where an attorney would come forth to offer services. The format here is instead geared... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: I have a personal injury case in Bronx ny. The case was brought in 2017 finally I have a settlement conference

Is it likely that a settlement number will be discussed or is it likely that there will be more settlement conferences! Discovery is finish and all appeals to get the case thrown out has been denied! Should I expect a number from the Attourney? Or will there be more settlement conferences thank you

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jun 11, 2021

It depends. Have you ever made a settlement demand? That's usually the first step in any settlement negotiations. If this is the first time your case is on for a settlement conference then it's not likely that the defendant will have any authority to offer money as getting the... Read more »

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2 Answers | Asked in Criminal Law, Personal Injury and Child Custody for New York on
Q: I am over 18 and I have mental distress caused by my parents.
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jun 10, 2021

If you're asking whether you can sue your parents for emotional distress, the short answer is no. Short of physical abuse, a court is not going to second guess parents on how best to raise a child. Here's an article I found online which you might find useful,... Read more »

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2 Answers | Asked in Contracts and Personal Injury for New York on
Q: Hi if a judge issues a remitturr as a motion judgement does that mean that there was a offer discussed already on a case

My Attourney haven’t said that there was an offer yet. Just wondering if an offer likely is on the table already thank you, the opposing counsel lost summary judgement and the appeal for summary judgement was also denied does the case settle for an additional amount went summary judgement and the... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jun 8, 2021

Remittitur is the process by which a court reduces a jury's verdict on damages (as opposed to additur, the process by which a court increases a jury's verdict). If this happened on your case it means that the jury returned a verdict in your favor. If the Court granted the... Read more »

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Q: What kind of lawyer handles criminal hospital negligence? The intent to deceive, leaving patient under continous duress.

Hospitals knowledge of errors made after asking patient for her wrist, to look at ID Bracelet. Sudden room change, bed and all down hall across from psychiatrists/nursing staff front desk. Reason? Was told a emergency came in. The emergency discovered years later due to fraud concealment and... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 4, 2021

An attorney who works with medical malpractice cases would be able to evaluate such a case. It could sometimes require a considerable level of evaluation to determine whether negligence rises to the level of criminal negligence. This appears to be a complex case and would likely require detailed... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: Thank you Tim akpinar so generally! There was an excessive award that was lowered! Am I understanding that correctly!

Also does this mean generally there was an offer discussed already? Thank you

Tim Akpinar
Tim Akpinar answered on Jun 1, 2021

You're most welcome. Congratulations on your case reaching the Special Trial Part. It's not for me to say the award was excessive. I cannot advise here, as you are represented by an attorney. I can only say that as a GENERAL matter in an informative context, remittiturs can arise when a... Read more »

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1 Answer | Asked in Personal Injury for New York on
Q: I have a slip and fall case in the stp part the defendant filed for summary judgement and the judge denied it!

Then the defendant filed for an appeal now the appeal was denied ! The judge ruled remmitture. I’m not sure what that means can someone help ! Is this good for me I read remitture means my lawyer has to accept a lower settlement! Is this true. Please help

Tim Akpinar
Tim Akpinar answered on Jun 1, 2021

As a general matter, there is the term remittitur, which is loosely the way you put it - a judge lowering an award. But there's more to it, and if your case reached the Special Trial Part, meaningful guidance at this point can be beyond the general scope of a general question and answer board... Read more »

1 Answer | Asked in Consumer Law, Criminal Law, Personal Injury and Civil Rights for New York on
Q: I've heard it suggested to quote this law when a business forces mask wearing against my will. Does this apply?

Section 18 code 241

Also stated it's against Nuremberg trials that concluded a medical procedure can not be forced upon me.

Jonathan David Warner
Jonathan David Warner answered on May 31, 2021

Umm... No. With all due respect, you'll just sound like a crazy person if you cite to a quotation from the Nuremberg Trials in response to being asked to wear a mask (presumably, for the purpose of preventing the proliferation of COVID-19). Private businesses can operate however they'd... Read more »

2 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: Can I sue my oral surgeon for emotional distress and negligence even though I’m not physically injured?

Went to get all four wisdom teeth pulled. Surgeon randomly suggested using laughing gas over IV anesthesia. Then, promised myself and my mother that he would add IV if I began feeling pain. Nurse put a little thing that sat on my nose to give me laughing gas. Began to feel it a bit but all surgeon... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on May 27, 2021

Sorry to hear that the extraction of your wisdom teeth was an unpleasant experience. Unfortunately, the temporary pain and discomfort you experienced during the extraction will not justify bringing a dental malpractice lawsuit. Given the high cost of bringing dental malpractice lawsuits, they... Read more »

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3 Answers | Asked in Personal Injury for New York on
Q: Personal injury case has been in special trial part for a year and a half , it’s just adjourned for so long!

What is the STP part. Is that a settlement part it says special trial part , I thought this part was suppose to go to trial. Can someone explain. Thank you

Charles Edward Green
Charles Edward Green answered on May 19, 2021

STP is the last stop in the court process, and it is from there that cases are sent out for jury selection and trial. As I am sure you are aware, the Covid pandemic shut down the court system for months, and jury trials only very recently began again, and on a very limited basis. Unfortunately for... Read more »

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2 Answers | Asked in Personal Injury and Civil Litigation for New York on
Q: What type of lawyer to file suit against company found guilty by NYS Dept. of Labor?

My complaint against billion+dollar US/Canadian company was investigated by NYS Dept.Labor:company admitted 'guilt' & Dept. determined 'guilty', fined & penalized. NYS Dept. lead investigator informed me that because company already admitted guilt (IE: violated NYS Mold... Read more »

Jonathan Bradford Ripps
Jonathan Bradford Ripps answered on May 14, 2021

Hi. That is a very interesting fact pattern. You definitely want to consult with an attorney prior to settling a potential action. We are happy to provide you with a free consultation, as I’m sure many others are as well.

All the best. Stay safe, have a great weekend.

Jon

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