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New York Personal Injury Questions & Answers
3 Answers | Asked in Personal Injury and Legal Malpractice for New York on
Q: Do my lawyer have the right to give me my documents on my case with index # etc?? Do They the right to hold my money

How do I find out how much my settlement was? How much a lawyer to suppose to charge? Do I pay for filing and paper work out my money? Why my lawyer Got more of the money then I did. 33.3% I thought was of fee. She had it in her savings for 1yrs b4 I received anything, also he lean me a few... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 3, 2021

It's difficult to comment on the award and fees without knowing what your arrangements were. As a general matter, if there were claims from public agencies such as Medicaid/Medicare that demanded reimbursement on payments they made on your medical treatment related to an accident, that could... Read more »

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1 Answer | Asked in Criminal Law, Family Law and Personal Injury for New York on
Q: My wife filed a bunch of faults police reports on me with her friend some how I got charged with a felony esdropping

Every report is faults I can prove every other statement is a lie but the esdropping charge I can't prove i have to go to Grand jury every report is filed by my wife and her friend. I have a public defender because I have a divorce lawyer I can't afford both lawyers. Don't know what... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Mar 15, 2021

Sorry to hear what you're going through. If the reports that were filed against you were truly false, you might have a viable claim for defamation. Here's an article I found online which you might find helpful,... Read more »

1 Answer | Asked in Civil Litigation, Libel & Slander, Personal Injury and Employment Law for New York on
Q: My sister was assaulted on her job by the assistant director of the respiratory department. What should she do?

She is working as a temporary worker at a hospital for an assignment. She was shoved twice and verbally assaulted by the male employee. He was arrested on Friday, but has since been released with no charges per the police. My sister is experiencing trauma from being physically assaulted by this... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Mar 15, 2021

Sorry to hear what happened to your sister. If she hasn't already, she should report the incident to her supervisor and request that the other employee be transferred to a different department to reduce the risk that she might run into him again. With regard to bringing a lawsuit against the... Read more »

4 Answers | Asked in Personal Injury for New York on
Q: Can i sue a restaurant for the injury damages i got from falling on their steps, i was also drunk when this happened.
Michael J. Prisco
Michael J. Prisco answered on Feb 27, 2021

You can sue if the cause of your fall was a dangerous condition, i.e, a foreign object left on the stairs. The fact that you were drinking will go to whether you are also at fault, which is an issue a jury will weigh.

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2 Answers | Asked in Personal Injury for New York on
Q: After heating up a cup of hot water for my tea, when I went to take a sip, the handle broke off.

After heating up a cup of hot water for my tea, when I went to take a sip, the handle broke off and the scolding hot water burned my right thigh. I suffered second degree burns on my front and back thigh yesterday afternoon on 02/21/2021. I did seek medical attention and was prescribed medication... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Feb 23, 2021

So sorry to hear what happened to you. Whether you have a viable lawsuit really depends on why the handle of the cup fell off and the nature of your injuries. Products liability lawsuits are very expensive and usually only make sense when there has been a serious, permanent injury. That said,... Read more »

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2 Answers | Asked in Personal Injury and Insurance Defense for New York on
Q: Need advisement on legal documentation

settlement agreement questions

Peter N. Munsing
Peter N. Munsing answered on Feb 24, 2021

the other thing you have to watch for are "subrogation claims." Lets say it's a slip and fall. You settle. But your health insurance has a claim for the money they paid for your medical treatment. They can come after you! Likewise Medicare or any state assistance. So at least get the... Read more »

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3 Answers | Asked in Health Care Law, Personal Injury and Wrongful Death for New York on
Q: Is there a time limit to file on a wrongful death (hospital) lawsuit in New York state?

I lost a child at just under 36 weeks pregnant. I was told by a lawyer at the time (2000) that nothing could be done because the baby did not take a breath outside of utero, but, the reason the baby didn't take a breath was negligence on the part of the hospital staff. I have proof in... Read more »

Jonathan Bradford Ripps
Jonathan Bradford Ripps answered on Feb 17, 2021

Hi – I’m so terribly sorry about your incident. I can’t imagine how you are feeling. If you would like to talk to Us or any other attorney, please contact me and we can discuss a little more Fullyt about whether you have any ability to file a suit that involves recovery. Again, I’m so... Read more »

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2 Answers | Asked in Personal Injury and Products Liability for New York on
Q: i need a lawyer who handles claim for Hyundai elantra 2012 in NY or near NY
Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

This would be for a nine year old vehicle and you or they will need expert testimony. Be aware that if it is just for repairs, that will likely not be a case that any attorney will take, and you will have to have a mechanic ready to testify that it was a manufacturing defect that casued the... Read more »

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1 Answer | Asked in Libel & Slander and Personal Injury for New York on
Q: what are examples of NY cases where absolute privilege does not shield person from liability for defamation?
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Feb 10, 2021

Most of your run-of-the-mill defamation cases will not invoke the absolute privilege defense. Defamatory statements that are entitled to absolute privilege are those made in the context of legislative proceedings, judicial proceedings, etc. Here's an article I found online which you might... Read more »

3 Answers | Asked in Animal / Dog Law, Personal Injury and Employment Law for New York on
Q: Do I have a right to defend myself, against a dog; If it attacks me in NY state?

I AM NOT, a violent person, and I DID NOT, hurt this dog! I was at work, and a customers dog was off the leash. A Big mastiff, type of dog! Im trying to work, and this dog is circling the shop, growling, and barking at me. I value my own life, and safety over this dogs! The day before, I asked this... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Jan 30, 2021

You should avoid hurting an animal if possible. If you are attacked you can use force to stop the attack and to avoid further injury.

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1 Answer | Asked in Personal Injury and Civil Litigation for New York on
Q: My civil suit said cc adjourned last month and again this month, it now says March 31 conference what does this mean

It is also a 2 almost 3 year old case

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

It sounds like your conference was administratively adjourned (postponed) by the Court until March 31st. Substantively it should not affect your case at all. If you are very concerned you can always call the Court and speak with one of the clerks. If applicable, use the extra time to complete... Read more »

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: i need a lawyer to subpoena phone records so i can start a lawsuit with a hospital for malpractice and other lawsuits
Jonathan R. Ratchik
Jonathan R. Ratchik answered on Jan 27, 2021

As my colleague correctly pointed out, in order to issue a subpoena you need to already have a lawsuit.

Additionally, although CPLR § 3102(c) permits pre-action discovery to aid you in bringing a lawsuit (such as identifying responsible parties, etc.), you cannot use it to determine...
Read more »

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1 Answer | Asked in Personal Injury for New York on
Q: Your blog mentions that Tort Immunity would apply to the owner of a unit and their spouse. What about their children?

This question refers to opening amenities during C-19

Joseph E. (Jed) Dietrich III
Joseph E. (Jed) Dietrich III answered on Jan 23, 2021

That depends on the circumstances in question. Please contact the office at 716-839-3939 so that we may assist further. Thank you for reaching out.

4 Answers | Asked in Personal Injury for New York on
Q: Can we sue the state for a drain cover that's slightly protruded from the ground?

My mother in law tripped over it and fell on her face, she got pretty bruised up. She said she almost tripped on it on a separate occasion as well. She ended up in the hospital with major bruising on her face. Is there anything she could do about it?

Michael H. Joseph
Michael H. Joseph answered on Jan 18, 2021

If the drain is not flush with the surrounding sidewalk, and it is a trip hazard, you can probably sue. I would take pictures right away and measure the height differential. Also, the State of NY, may not be the proper party, many utility companies have manholes and the City of NY has alot also. So... Read more »

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1 Answer | Asked in Criminal Law, Family Law, Libel & Slander and Personal Injury for New York on
Q: Can my county board of Ed suspend me if CPS has filed an abuse and neglect petition against but no criminal charges?

An abuse and neglect petition has been filed against me by Child Protection Services for unfounded allegations for an incident that happened outside of work. I am not being criminally charged. There isn't even a criminal investigation. They suspended me without pay. Im in West Virginia.

Tim Akpinar
Tim Akpinar answered on Dec 1, 2020

This looks like something that an employment law attorney would probably know better than attorneys who practice in the categories posted. You posted in New York, but mention being in West Virginia. If this involves a West Virginia county/school district/teacher's union and that's where... Read more »

2 Answers | Asked in Personal Injury, Products Liability and Small Claims for New York on
Q: My wife got drenched by gas station hose from it being defective. Can I do anything about that

Gas got into her eyes, that caused them to be red and she had to throw out her cloths

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 28, 2020

So sorry to hear what happened to your wife. Given that lawsuits are generally reserved when there has been a serious, permanent injury, litigation might not be the way to go. Moreover, the gas station would arguably not have any liability (legal responsibility) unless it either knew, or should... Read more »

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2 Answers | Asked in Personal Injury and Landlord - Tenant for New York on
Q: Why can't I find a lawyer to serve mold remediation co. Who already admitted guilt? In manhattan no less!

Sept 2018 flood in nyc condo- subsequent mold confirmed esp significantly high levels aspergillus & penicillium. Only Owner/ex husband is on home ins policy which he received$20,000 ins check Oct 10- yet did not schedule mold remediation until Dec 10-13 - 'not a reasonable amount of time... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 21, 2020

There are resources here for finding lawyers (Find-a-Lawyer tab above). The NYC Bar also has a lawyer referral service. Good luck

Tim Akpinar

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3 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: I stood in a psychiatric facility and was assaulted by another patient twice due to the negligence of staff members.

Staff advised that the patient would be no where near me and would be assigned someone to watch her at all times however, she was still able to attack me again the following week. I needed the visit the Emergency Room once and the second time treated in house. Would I be able to sue the facility... Read more »

Michael Bersani
Michael Bersani answered on Oct 20, 2020

Yes you can sue, but whether you would win the case depends on the facts: How much security did they provide, how much COULD they provide, etc. Also unless you are seriously injured, unlikely any lawyer will want to get involved. Finally, if this case is against a municipal or state run... Read more »

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1 Answer | Asked in Personal Injury and Workers' Compensation for New York on
Q: Workplae accident third party liability

Hi,

I work for a woodwork company, I'm a cabinet maker and I has an a severe injury on my thumb finger whit a table saw, I'm got a workers comp lawyer now, but the case is that the place where the company is, is not owned by my employer, and the floors are really uneven and... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 19, 2020

So sorry to hear what happened to you. Thumb injuries can be very disabling. Generally speaking, whether a building owner is responsible for an injury depends on whether there was a dangerous condition on the premises, whether the building owner knew of the dangerous condition and if that condition... Read more »

1 Answer | Asked in Personal Injury for New York on
Q: Worksite accident liability

Hi,

I work for a woodwork company in Brooklyn, I'm a cabinet maker and I has an a severe injury on my thumb finger whit a table saw on that place, I'm got a workers comp lawyer now, but the case is that the place where the company is, is no owned by my employer, and the floors are... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Oct 19, 2020

So sorry to hear what happened to you. Thumb injuries can be very disabling. Generally speaking, whether a building owner is responsible for an injury depends on whether there was a dangerous condition on the premises, whether the building owner knew of the dangerous condition and if that... Read more »

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