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New York Personal Injury Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for New York on
Q: I was put in a coma for 3 weeks without informed consent they lied on my medical records and lied to my fiance and mom

They told my fiance and mom they had to put me in the coma because I was threatening to hurt myself or others which was a total lie but in my medical records it says I had respiratory failure which was also a lie I ended up getting MRSA and pneumonia because they didn't clean the feeding tube... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 2, 2023

Sorry to hear what happened to you. If you wish to pursue a medical malpractice lawsuit, you will need to obtain copies of your medical / hospital records and speak with an experienced medical malpractice attorney so that they can have them reviewed by an appropriate expert. Almost all of them... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Civil Litigation for New York on
Q: A group of passengers & driver on a bus robbed me. Upon discovery, I left the bus. what legal course can i take?

on a greyhound bus going from nyc to raleigh, i had noticed odd behavior from a group of passengers. once I saw that this group was passing objects up the aisle like clockwork, i muttered under my breath 'theyre robbing people in plain sight'. the man, who was next to me, was involved in... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 31, 2023

Unless you can identify the passengers who robbed you, you do not have many options apart from reporting the matter to the police (which you did). With regard to legal action against Greyhound, the actions of the bus driver (assuming them to be true) clearly fall outside the scope of his... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for New York on
Q: Is it legal in ny for a private citizen to seek a investigation compensation from plaintiff 4 irrefutable video evidence

I'm a private citizen who's surfaced indisputable online video evidence against defendants sworn testimony in an active slip & fall tort lawsuit. I have more than 600+ hours of personal time performing online research for a planned lawsuit against the same named defendant for a... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 30, 2023

If I understand you correctly, you have evidence which would be of use to plaintiff's counsel in a lawsuit and want to get paid for the time you spent compiling such evidence. Although you can certainly speak with plaintiff's counsel to discuss your proposal, unless you were retained /... Read more »

2 Answers | Asked in Personal Injury and Car Accidents for New York on
Q: Is someone liable for the injured person if he tried to avoid the danger as well?

Sam, a delivery guy from X’s company was chased by a dog. Steve, driving and trying to avoid hitting Sam, turned his car to the left and accidentally went into the store and injured himself and three other people. Is Sam or his company liable for the injured people?

Tim Akpinar
Tim Akpinar
answered on Jan 22, 2023

If this is a real-life setting, Sam could be dragged into the equation, depending on his alternatives, the reasonableness of his reaction, and the scope of coverage provided by the company's insurance. If this is a textbook setting, which is doubtful, since students never turn to Justia as a... Read more »

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1 Answer | Asked in Personal Injury and Health Care Law for New York on
Q: A hospital told me my daughter died 11 years ago (2011) now in 2022 they are saying their records says she is not
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 10, 2023

Under the law, hospitals in New York are required to keep patient records for six (6) years after the date of discharge or, in the case of a minor, three (3) years after the patient reaches the age of 18; or at least six (6) years after the date of death.... Read more »

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I learned that the cochlear implant was placed in wrong position after surgery, the cochlear implant and surgeon knew.

After the emergency surgery, the surgeon found out that my implant was wrongly placed over 20+ years which has led to injury to my ear area - based on the MRI finding as well as Cat Scan. It is suspected that CI company and surgeon knew about it and falsely reported that it was in the place but... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 28, 2022

I'm sorry for your ordeal with the cochlear implant. To evaluate the legal merits of your position, you could reach out to med mal attorneys and try to arrange a free initial consult. If a law firm felt there was a viable basis for a case, they could retrieve your patient records and review... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: In New York state supreme court in Albany County. Partial participation recorded at disposal. Means what?
Tim Akpinar
Tim Akpinar
answered on Dec 20, 2022

It could mean the other side didn't acknowledge their appearance on the court system's e-filing system (NYSCEF - New York State Courts Electronic Filing). In a broader sense, it could also have more general meanings, depending on context. Good luck

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3 Answers | Asked in Personal Injury for New York on
Q: Judgment reached years prior now new injuries occurring due to original case can I open a new counter case

Recent judgment on civil case can I open the case again due to New Evidence of injuries they just emerged nerve damage

Tim Akpinar
Tim Akpinar
answered on Dec 19, 2022

I'm sorry for your new injuries. It's likely that at the conclusion of your original case, you signed a release. New York personal injury releases generally contain terms where in consideration for money received, the claimant releases the defendant of all claims, present and future,... Read more »

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1 Answer | Asked in Education Law and Personal Injury for New York on
Q: My 13yr.daughter was assaulted by another student who hit her in the head with a cast. Can we sue the school & child?
Tim Akpinar
Tim Akpinar
answered on Dec 19, 2022

This may be more a personal injury law question than one about educational law. I'm sorry about the assault on your daughter. I hope she is okay. These scenarios are fact-intensive and require examination of school's supervision and other factors. I recommend you reach out to law firms to... Read more »

2 Answers | Asked in Personal Injury and Workers' Compensation for New York on
Q: I hired someone to paint my house, but he fell of the ladder. what is my responsibility ?
Tim Akpinar
Tim Akpinar
answered on Nov 28, 2022

It could depend on whether there were any safety issues related to the control of the property owner. But in general, the short answer is that such injuries are generally covered by workers' comp. Good luck

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2 Answers | Asked in Personal Injury for New York on
Q: Can I get out of my contract with a lawyer even though my case is still pending
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Nov 18, 2022

You have a right to change lawyers at any time, for any reason. If you are not satisfied with your current legal representation, find a new lawyer. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that your new lawyer will have to reimburse... Read more »

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1 Answer | Asked in Personal Injury for New York on
Q: My sons school lost his MAF form and asthma pump twice, last year and again this year. Anything I can do legally?

This is the second time this happens

Last school year and now this school year again

Tim Akpinar
Tim Akpinar
answered on Nov 11, 2022

In terms of legal recourses (lawsuits), there would generally need to be an element of damages. I'm sorry for your ordeal here. I hope your son has not suffered any significant physical consequences of not having a pump. Attorneys who work in education law might have additional insight aside... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: What defense representation might be required regarding an automobile accident which resulted in personal injury?

My step-daughter was involved in an accident about a week ago. The police report implies it was her fault. No charges have been filed as far as i know. But, an individual was taken to the hospital.

Tim Akpinar
Tim Akpinar
answered on Oct 28, 2022

I'm sorry about your stepdaughter's accident. I hope that she and everyone else involved in the accident is okay. Any defense representation that is required should be arranged by her insurance carrier (or the carrier for the vehicle, if she was driving someone else's car). The... Read more »

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2 Answers | Asked in Civil Litigation, Personal Injury and Real Estate Law for New York on
Q: My question is with regards to liability. Bank owned property.

There is a large tree in the backyard of the property that has displaced my fence, and also caused damage to my backyard's foundation due to the roots growing through the ground. The property is also occupied by squatters and the bank may, or may not be attempting to evict. (I've reached... Read more »

Michael David Siegel
Michael David Siegel
answered on Oct 26, 2022

There might be liability for the bank. But, you can also sue and get a lien on the property. If you want the tree out, call 311 and see if the City will do it and put a repair lien on the property.

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1 Answer | Asked in Personal Injury for New York on
Q: Can I sue pepsi company truck hit my power line and we were in a hotel for 21 days
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 24, 2022

It really depends. If the power line is your own personal line (as opposed a utility company's line), you could certainly recover the cost to repair the line and damages which are a reasonably foreseeable consequence of the incident. On the other hand, as plaintiff, you are required to... Read more »

1 Answer | Asked in Animal / Dog Law, Libel & Slander and Personal Injury for New York on
Q: im 17 tunring 18 in two months, will i be able to sue my aunt for emotional abuse and spreading rumors when im 18?

She has made me feel like a burden to everyone, she lies and tells me that im over reacting. Recently my dog passed away, her lungs collapsed and she had bruising from something, the first person she said it was , was me. I know i never did anything to my dog but she said she "thinks"... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Oct 17, 2022

You can certainly sue someone for defamation / slander if they are making false statements about you. In any defamation case, however, you have to prove that the false statements caused you damages. Moreover, unless your aunt has any assets worth pursuing, a successful lawsuit against her might... Read more »

2 Answers | Asked in Immigration Law and Personal Injury for New York on
Q: Can I Get a green card after i got electric shock in a mall whit my son...

I was in the mall with my son when I saw one of those moving toy cars for children .. I put my son in and while I was going to put money in I got a strong electric shock in my leg and a strong shock .. luckily my son is well .. but i am having leg and hand problems losing my job as a chef .. there... Read more »

Adan Vega
Adan Vega
answered on Oct 14, 2022

I am so sorry that you and your son were involved in an accident at the mall.

The incident that you have described, however, is not an event that can be classified as a crime that qualifies you for the U visa.

You can visit with a qualified and experienced immigration attorney...
Read more »

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1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for New York on
Q: I have a swollen knee. I asked my boss if I can work from home and he said “he prefers me to come to the office”

Am I able to sue my employer for this? I have a picture of my knee with a date on it. Also I am not getting overtime paid for 3 years.

Brian Greben
PREMIUM
Brian Greben
answered on Oct 6, 2022

You quite possibly have a disability discrimination case, depending upon how "reasonable" your request to work from home was. Probably more important, however, is the fact that you haven't been paid OT in 3 years. If you are a nonexempt employee, and are therefore entitled to... Read more »

2 Answers | Asked in Legal Malpractice, Criminal Law, Personal Injury and Civil Rights for New York on
Q: Why is it so difficult to get a lawyer/attorney to respond to us or to get legal advice? We are paying customers.

The situation involves illegal sedation of a disabled person in a group home with evidence, and neglect/abuse with evidence. The group home agency has failed to correct the situation or address the situation appropriately on so many levels it's mind-blowing. We also want to sue for... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2022

I'm sorry for your family's ordeal. Although this site doesn't operate like a lawyer referral service, the closest feature here is the Find-a-Lawyer tab above. You could use it to supplement searches you've already conducted. There's also a Lawyer Referral resource with the... Read more »

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1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Libel & Slander for New York on
Q: IIED

Can I sue someone for IIED if the person I was having a conversation with recorded the conversation (a conversation in which I was saying bad things) and this person sent the tape of the conversation to my boss, which then led to me being fired?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 9, 2022

The actions of person who recorded your statement, although perhaps unethical, does not rise to the level required to bring an action for intentional infliction of emotional distress. Conduct that could support such a lawsuit must be so extreme and outrageous as to go beyond all possible bounds of... Read more »

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