Our child’s school is requiring us to sign a liability waiver that includes willful and/gross negligence to attend a mandatory, all-day retreat. He is not allowed to graduate without it and we’ve been told we are not allowed to alter the language of the release.
answered on Sep 28, 2023
I'm sorry you were placed into this position. In general, such liability waivers are not looked kindly upon by courts, for reasons of public policy. In terms of your question of whether or not you should sign it, it's an individual decision. As a general premise, such agreements can be... View More 
I am 35 year old and i just found out my mother have been secretly using my settlement money since I was 7 year old. This settlement money was rewarded to me when I was a minor due to medical malpractice. My mother told me that I need to stay quiet about it and you still under guardianship. So I... View More
answered on Sep 26, 2023
If you had a medical malpractice case as a minor which settled, the proceeds would likely have been deposited in a bank account which would have been jointly held in trust by your guardian (your mother) and an officer of the bank. Significantly, any such monies should have been off-limits to your... View More
After the injury the Red Cross provided misleading information on severity and needed treatment. This resulted in a Pseudo aneurysm that required surgery.
answered on Sep 22, 2023
Hello - so sorry about your situation. What you describe sounds terrible. In order for you to have a malpractice claim, you would need to prove that the nurse or whoever did the blood draw deviated from a normal standard of care. You should consult with an attorney to discuss your matter further... View More
After the injury the Red Cross provided misleading information on severity and needed treatment. This resulted in a Pseudo aneurysm that required surgery.
answered on Sep 26, 2023
Sorry to hear what you've been through. As my colleague correctly advised, to have a viable case against the American Red Cross, you'd have to demonstrate that the manner in which it drew blood fell below the accepted standard of care and that such deviation caused you injury. An atrial... View More
I was undergoing physical therapy for back/ spine issues with intermittent numbness and improving. Additional authorizations by my insurer were suddenly denied. PT office did not appeal immediately and only did once I received a copy of the letter and informed them. An appeal would take 30 days to... View More
answered on Sep 16, 2023
You raise a very good question - and one that does not go overlooked by attorneys in challenging denials of medical care. Unfortunately, it is also a difficult issue to argue in most settings where a claim is closely processed with valid independent medical exams or peer reviews. If you have an... View More
I was undergoing physical therapy for back/ spine issues with intermittent numbness and improving. Additional authorizations by my insurer were suddenly denied. PT office did not appeal immediately and only did once I received a copy of the letter and informed them. An appeal would take 30 days to... View More
answered on Sep 19, 2023
Sorry to hear what you've been going through. It is unlikely that your insurance company would be responsible for any physical harm you sustained due to its denial (or delay) in approving additional physical therapy visits. Although you could conceivably claim that the insurance... View More
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answered on Sep 14, 2023
In New York State, personal injury settlements are generally shielded from garnishment by creditors through a combination of federal and state laws. While there isn't a single specific legal act that offers this protection, it's derived from various legal provisions. Federal exemptions... View More
answered on Sep 16, 2023
This is something that collections, bankruptcy, and asset protection attorneys probably have deeper and more sophisticated insight into than most personal injury attorneys. There are headings for "Collections" and "Bankruptcy" here if you wanted to try reposting with the added... View More
If, in a federal civil action, a case is reassigned from a magistrate judge to a district judge and all hearing dates are vacated with the order that "motions must be renoticed for hearing before the judge to whom the case has been reassigned," does that mean the previously submitted... View More
answered on Sep 9, 2023
Generally, reassignment of a case does not mean it starts all over again. That goes for motions which were filed and presumably decided already. The rulings are considered the law of the case. Essentially, the new judge picks up where the former judge left off.
If, in a federal civil action, a case is reassigned from a magistrate judge to a district judge and all hearing dates are vacated with the order that "motions must be renoticed for hearing before the judge to whom the case has been reassigned," does that mean the previously submitted... View More
answered on Sep 11, 2023
When a case is reassigned, its earlier history follows. Motions that have been filed and decided should stand as part of the case disposition. For pending motions that might have been filed before the reassignment, any other activity that might be pending. open, or unknown, the clerk(s) may be able... View More
If, in a federal civil action, a case is reassigned from a magistrate judge to a district judge and all hearing dates are vacated with the order that "motions must be renoticed for hearing before the judge to whom the case has been reassigned," does that mean the previously submitted... View More
answered on Sep 12, 2023
If the order is telling you to renotice the motion, then do so, even if the motion was already electronically filed. As for the deadline to do so, probably sooner rather than later and in accordance with any standing discovery orders. You can always try contacting the Judge's secretary or... View More
After visiting a dermatologist, I found out the person listed as an Educator was an Unlicensed stylist.
answered on Sep 8, 2023
Sorry to hear what happened to you. If the educator was the individual who applied (or misapplied) the hair product in question, you would arguably sue that person along with his or her employer (assuming the educator was acting within the scope of employment). In the meantime, take photographs... View More
My husband has cancer that has responded to treatment but he’s suffering multiple issues just from the staff neglecting him. Bedsores, infections, psych meds not given when it was very clear in his chart he needed them. Location of hospital is in westchester but our home is in Wappingers Falls.
answered on Sep 7, 2023
Sorry to hear what's happening to your husband. He might certainly have a case for malpractice if his bed sores were caused due to the hospital's neglect and could have been prevented. Best to reach out to an experienced medical / nursing home malpractice attorney. You can find many... View More
My husband has cancer that has responded to treatment but he’s suffering multiple issues just from the staff neglecting him. Bedsores, infections, psych meds not given when it was very clear in his chart he needed them. Location of hospital is in westchester but our home is in Wappingers Falls.
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answered on Sep 11, 2023
Hi. You may have a case for medical malpractice. Your husband's cancer condition may not absolve the hospital from taking the necessary precautions to avoid pressure ulcers. Give me a call at your convenience to discuss: (718)502-9112. In NY, the statute of limitations for malpractice is... View More
and there so happened to be two parties that wanted to fight, accident waivers and release forms signed. is there anything in the law stopping this fight? will the only people liabal for said fight would be the two parties and not the host of the event.
answered on Sep 2, 2023
Laws don't stop fights, they just tell one what conduct is illegal and the penalty if a perpetrator gets convicted. Your question seems to really be what is your liability. If you are somehow civilly responsible for allowing the fight (or promoting it) your accident waivers, even if... View More
I have the receipt, I took pictures of the barcode, etc. I also took the pictures of the bugs and what looked like holes within the black-eye peas.
answered on Aug 25, 2023
If you are contemplating using an attorney, they would advise. If you are interested in handling the claim yourself, there are resources online. If you consult with an attorney, one of the first questions raised will be the extent of damages you suffered. I hope you're okay, but unless there... View More
I have the receipt, I took pictures of the barcode, etc. I also took the pictures of the bugs and what looked like holes within the black-eye peas.
answered on Aug 25, 2023
Purchasing food that contained bugs, without more, will not justify the time and expense of a lawsuit, even a lawsuit you bring yourself. Your damages are arguably limited to the purchase price. You'd be better off writing to the manufacturer and asking for a full refund.
They can’t find the insurance company for the homeowners and she was served twice but never responded!
answered on Aug 25, 2023
It is possible that the homeowner did not have liability insurance. In which case getting a recovery is going to be exceedingly difficult as you will have to pursue the owner's personal assets. Best to speak with your attorney about what steps he or she wishes to take next, such as moving... View More
I got into an accident in Brooklyn, NY about a year ago. I was merging lanes for an exit and the guy behind me was texting. Even though it was all very slow motion, his SUV pushed into the rear left side of my car (behind the passenger seat area, near the gas tank) causing quite a bit of damage. At... View More
answered on Aug 25, 2023
Under New York Vehicle and Traffic Law § 1129, the driver of a motor vehicle is not supposed to follow another vehicle more closely than is reasonable and prudent under the circumstances. Generally speaking, the vehicle which strikes another vehicle from behind is at fault. On the other hand, a... View More
I traveled from Upstate NY to New Jersey for a hip injection. There was a blizzard outside but we informed the doctor I was already there so he said he would come in. I was laying on my left side on the table, with my knees at a 90 degree angle but my torso was facing the ceiling and lifted up. My... View More
answered on Aug 25, 2023
Sorry to hear what you've been through. It's unclear how an injection into your hip would cause vertebrae in your neck to get out of alignment or shortening of your leg - one likely had nothing to do with the other. Unless you can demonstrate that the doctor's treatment fell below... View More
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