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New York Personal Injury Questions & Answers
2 Answers | Asked in Landlord - Tenant, Elder Law, Personal Injury and Real Estate Law for New York on
Q: Disabled senior evicted after family gifts house, no court notice. Seeking options for possessions disposal.

I am a 66-year-old disabled senior who is wheelchair-bound. I lived in a family house for 49 years without a formal lease, where everyone paid bills together. In June 2023, my brother gifted the house to his daughter and sent me a text giving 60 days to move out. I asked for more time in August,... View More

Lyaman F. Khashmati
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answered on Sep 17, 2025

It sounds like you’ve been through a very difficult and stressful time, and I want to explain your rights in simple terms. In New York, a landlord or property owner cannot legally evict someone or remove their belongings without going through the courts. This means that even if you didn’t have... View More

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2 Answers | Asked in Personal Injury and Consumer Law for New York on
Q: I got food poisoning from a hamburger today and am hospitalized. What legal steps should I take?

I ate a hamburger today and got poisoned, which resulted in me being in the hospital. The doctor diagnosed me with food poisoning. I haven't contacted the restaurant yet, but I'm considering taking legal action or filing a complaint. What steps should I take next?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 15, 2025

Sorry to hear what happened to you. As my colleague correctly advised, seek the appropriate medical care for your condition and make a note of everything you ate in the week beforehand (foodborne illnesses do not necessarily manifest themselves within 24 hours of consumption). Without minimizing... View More

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4 Answers | Asked in Contracts, Civil Litigation, Real Estate Law and Personal Injury for New York on
Q: Can I litigate to recover my deposit and place a lien on a property with a removed oil tank?

I was in contract to purchase a property with a buried oil tank. I agreed to pay for the oil tank removal due to the sellers’ financial constraints, with an estimate of $2,600, excluding unexpected soil testing costs. The sellers agreed to reimburse me up to $7,000 upon closing. After removal, it... View More

Tim Akpinar
Tim Akpinar
answered on Sep 10, 2025

I'm sorry this happened. It is a headache for all involved. In addition to examining the contract in detail, attorneys will likely focus on the environmental issues more closely before advising. You mention costs for soil testing being excluded. If the contract excluded soil testing costs, it... View More

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3 Answers | Asked in Car Accidents, Public Benefits, Employment Law and Personal Injury for New York on
Q: Can I file for unemployment after a car accident affected my ability to work?

I was employed when I got into a car accident in June, which has now affected my ability to work. As a result, I am currently not working. I have filed a lawsuit related to the car accident. Can I file for unemployment benefits in this situation, considering I have collected unemployment benefits... View More

Kevin Dana Gratt
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answered on Sep 10, 2025

If you have been injured in an accident and unable to work as a result of the injuries, you may be able to file for short term disability benefits through your job. Private employers in the State of New York are generally required to carry disability insurance for their employees. Additionally,... View More

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3 Answers | Asked in Car Accidents, Public Benefits, Employment Law and Personal Injury for New York on
Q: Can I file for unemployment after a car accident affected my ability to work?

I was employed when I got into a car accident in June, which has now affected my ability to work. As a result, I am currently not working. I have filed a lawsuit related to the car accident. Can I file for unemployment benefits in this situation, considering I have collected unemployment benefits... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 10, 2025

Sorry to hear what happened to you. If you haven't already, file an application for no-fault insurance benefits with your insurance company. It will pay up to 80% of your lost earnings up to $2,000 per month. My understanding is that you are not eligible for unemployment insurance benefits.... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Legal advice needed for childbirth injury at Northwell Health Huntington Hospital.

I need legal advice regarding a situation that occurred on 08/31/2025, when my wife was injured while giving birth due to a lack of assessment during labor at Northwell Health Huntington Hospital. My child was also minorly injured during delivery. My wife lost a concerning amount of blood, which... View More

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2025

I'm sorry about your family's ordeal. About your question on how to proceed legally - if you are asking in terms of exploring the possibility of a case, the best starting point could be to arrange a no-obligation consult with med mal attorneys. Free initial consults are a normal courtesy... View More

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4 Answers | Asked in Workers' Compensation and Personal Injury for New York on
Q: Injured at work due to elevator malfunction.

I was injured at work when the elevator doors closed unexpectedly as I was entering. The safety sensor did not activate to prevent them from closing, which appears to be a malfunction. I put my arm up to stop the doors and sustained bruises on my forearm and wrist. My managers have not responded to... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2025

Sorry to hear what happened to you. As my colleague correctly advised, since this matter occurred at work, you might have a viable workers' compensation claim. WC will cover your medical bills, lost earnings, etc. You can find many excellent WC attorneys using the Find a Lawyer tab on the... View More

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4 Answers | Asked in Workers' Compensation and Personal Injury for New York on
Q: Injured at work due to elevator malfunction.

I was injured at work when the elevator doors closed unexpectedly as I was entering. The safety sensor did not activate to prevent them from closing, which appears to be a malfunction. I put my arm up to stop the doors and sustained bruises on my forearm and wrist. My managers have not responded to... View More

Kevin Dana Gratt
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answered on Sep 8, 2025

You may have several avenues of possible recovery. Because you were injured while working, you may be entitled to workers' compensation benefits that will cover your medical treatment and lost wages. Although the law generally prevents you from suing your employer for your injuries, you might... View More

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4 Answers | Asked in Personal Injury and Real Estate Law for New York on
Q: Injury from uncovered Verizon manhole on sidewalk - legal steps?

Today, I was injured while running near my home when I stepped into an uncovered Verizon manhole on the sidewalk, which was surrounded by grass and not visible. There were no hazard signs around it. I fell and hurt my arm, possibly tearing something. There were no witnesses, and I haven't... View More

Lyaman F. Khashmati
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answered on Sep 4, 2025

I’m really sorry you got hurt—that must be scary and painful. The most important thing is to see a doctor right away to check your arm and get treatment if you need it.

Here are some important steps you should take:

Take pictures of the open manhole, the area around it, and your...
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4 Answers | Asked in Personal Injury and Real Estate Law for New York on
Q: Injury from uncovered Verizon manhole on sidewalk - legal steps?

Today, I was injured while running near my home when I stepped into an uncovered Verizon manhole on the sidewalk, which was surrounded by grass and not visible. There were no hazard signs around it. I fell and hurt my arm, possibly tearing something. There were no witnesses, and I haven't... View More

Kevin Dana Gratt
Kevin Dana Gratt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 4, 2025

Hello, its important that you take photos of the uncovered manhole and its surroundings and then contact Verizon or the municipality and advise them of the accident and your resulting injury. You should check to see if any neighboring buildings or homes might have a surveillance camera that... View More

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3 Answers | Asked in Personal Injury, Contracts and Civil Litigation for New York on
Q: Can I change lawyers for a slip and fall case in New York?

I am currently being represented by a lawyer suing two companies for a slip and fall incident that occurred in New York. I fell in front of the garage manager, who picked me up after my foot got caught in a broken spike meant to prevent cars from backing up. I've signed a retainer agreement... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 3, 2025

Sorry to hear what happened to you. Yes, you can always change lawyers. You can find many excellent attorneys using the Find a Lawyer tab on the JUSTIA homepage. Keep in mind that if your current lawyer has a settlement offer, however, he or she might have a charging lien against your case and be... View More

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3 Answers | Asked in Personal Injury, Contracts and Civil Litigation for New York on
Q: Can I change lawyers for a slip and fall case in New York?

I am currently being represented by a lawyer suing two companies for a slip and fall incident that occurred in New York. I fell in front of the garage manager, who picked me up after my foot got caught in a broken spike meant to prevent cars from backing up. I've signed a retainer agreement... View More

Tim Akpinar
Tim Akpinar
answered on Sep 3, 2025

I'm sorry about your accident. I agree with the good points raised by my colleague. It's possible that changing attorneys could result in a lien, depending on the efforts asserted by an outgoing attorney. The other points you raise are difficult to comment on for anyone who doesn't... View More

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8 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: Seeking legal consultation for T-bone car accident in Brooklyn, NY.

I was involved in a T-bone car accident in Brooklyn, NY, where there were injuries and a police report was filed. I have contacted my insurance company, and I am seeking a legal consultation. There is no current dispute over fault or compensation.

Lyaman F. Khashmati
Lyaman F. Khashmati pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 29, 2025

If you were in a T-bone car accident in Brooklyn, NY and people were hurt, it’s very important to protect your rights before talking more with insurance companies—even your own. Insurance adjusters might try to get you to say things that could make your case harder or hurt your chances of fair... View More

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8 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: Seeking legal consultation for T-bone car accident in Brooklyn, NY.

I was involved in a T-bone car accident in Brooklyn, NY, where there were injuries and a police report was filed. I have contacted my insurance company, and I am seeking a legal consultation. There is no current dispute over fault or compensation.

Tim Akpinar
Tim Akpinar
answered on Aug 30, 2025

I'm sorry about your accident. You say you are seeking a legal consult. Law firms that handle such cases offer free initial consults/no obligation. Attorneys here can't reach out to you - the format is limited to Q & A. You would need to reach out to attorneys on your own. If... View More

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8 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: Seeking legal consultation for T-bone car accident in Brooklyn, NY.

I was involved in a T-bone car accident in Brooklyn, NY, where there were injuries and a police report was filed. I have contacted my insurance company, and I am seeking a legal consultation. There is no current dispute over fault or compensation.

Tim Akpinar
Tim Akpinar
answered on Aug 30, 2025

Addendum - There's one important point I want to add to my original response. Under New York Insurance Law, you must apply for no-fault benefits before 30 days elapses from the date of accident to get your medical bills paid, as well as getting wages paid (if you miss time from work due to the... View More

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2 Answers | Asked in Contracts, Civil Litigation and Personal Injury for New York on
Q: Can I recover money sent to my sister for an apartment when she didn't put me on the lease and kicked me out?

I sent my sister almost $1,000 through CashApp to secure an apartment for both of us. When I arrived in Florida from New York, she informed me I wasn't on the lease and kicked me out, taking all my belongings. I had to sell my gun to return to New York and crashed my car on the way back. I... View More

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2025

I'm sorry this happened to you. The attorneys here who regularly deal with contract matters could advise best on this, but you're awaiting a response for two weeks. Until you could discuss with such attorneys, here are a few general considerations. If you were contemplating suing, things... View More

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4 Answers | Asked in Civil Rights, Personal Injury and Civil Litigation for New York on
Q: Legal help for assault by security at event in NY.

I was physically assaulted by security personnel at a public event, where I was repeatedly pushed back, and my foot was stepped on, causing bruising. The incident was captured by security cameras, but I haven't yet filed a police report. I'm seeking legal assistance to pursue compensation... View More

Tim Akpinar
Tim Akpinar
answered on Aug 22, 2025

I'm sorry your concert night turned out like this. In terms of the damages you describe, emotional distress and ticket cost, the more fundamental damages might be about physical injuries and medical expenses. You ask what type of attorney. Personal injury attorneys handle such matters. If you... View More

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4 Answers | Asked in Civil Rights, Personal Injury and Civil Litigation for New York on
Q: Legal help for assault by security at event in NY.

I was physically assaulted by security personnel at a public event, where I was repeatedly pushed back, and my foot was stepped on, causing bruising. The incident was captured by security cameras, but I haven't yet filed a police report. I'm seeking legal assistance to pursue compensation... View More

Tim Akpinar
Tim Akpinar
answered on Aug 22, 2025

Addendum - 'Just an additional point if you discuss this with attorneys. Provide copies of the frontside and backside of your ticket and any other paperwork associated with the ticket purchase (including links to any generic boilerplate from seller company websites). There could be fine print... View More

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2 Answers | Asked in Civil Rights, Libel & Slander and Personal Injury for New York on
Q: How can I protect my privacy and reputation from false charges being spread by an ex-friend?

I was arrested for something I didn’t do, and the case is now closed. However, an ex-friend is spreading information about the charges the police tried to place on me, saying it to others. This situation is sensitive because they are telling people, including trying to contact my workplace to get... View More

Tim Akpinar
Tim Akpinar
answered on Aug 21, 2025

I'm sorry this is happening to you. A defamation attorney could review your situation in detail and outline options, whether waiting and seeing, letter, legal action, etc. The problem with injury to character through defamation is that unlike physical injury cases, they are not automatically... View More

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4 Answers | Asked in Civil Litigation, Personal Injury and Products Liability for New York on
Q: Can we sue an e-bike rider for causing severe TBI to my sister in NYC?

I'm wondering if there's any possibility to file a lawsuit against an e-bike rider who was going in the wrong direction and hit my sister, who had the green light. As a result, she suffered a severe traumatic brain injury and her life has changed drastically. She cannot live alone, cannot... View More

Jonathan Bradford Ripps
Jonathan Bradford Ripps
answered on Aug 20, 2025

Hi – I’m terribly sorry for your sister, such a tragic situation for you and your family. Yes, you can sue the E bike rider, especially in your sister‘s situation where the liability seems to be with the E bike rider.

Your attorney should explore any potential insurance policies that...
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