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New York Personal Injury Questions & Answers
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 »

2 Answers | Asked in Personal Injury for New York on
Q: In January 2020 I was skiing at a mountain in NY that I have skiied at for 58 years. I was in a very bad accident.

THIS resulted in significant injuries. I had a tibial plateau fracture, meniscus and complete tear of mcl. I was in control and at a reasonable speed when I hit a large dip that I never saw. To some ski patrols this area is referred to as "the victim hole". It through me very high in... Read more »

Jonathan Bradford Ripps
Jonathan Bradford Ripps answered on Oct 5, 2020

First, I’m very sorry about your injuries, they sound terrible and painful. You raise a very good question. The main issue is whether the condition was negligent or not. Based upon your representations, it appears that the facility had knowledge of the issue. There are many factors that need to... Read more »

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4 Answers | Asked in Personal Injury and Environmental for New York on
Q: So if someone is a alcoholic and falls in a building stairs , breaks back of his head can you sue the building ?
Tim Akpinar
Tim Akpinar answered on Oct 4, 2020

It's possible they could. It could depend on whether there was a defect in the stairs or other hazardous condition. New York is a comparative negligence jurisdiction, but a claimant's share of liability would be more dependent upon whether they were impaired at the time rather than an... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: Denied short term disability, what should I do?

I was injured at my previous employment a few months ago. I sought medical treatment, but never went to therapy to fully heal. I started a new job and the injury flared up since the new job is more labor intense. New job offered to put me on short term disability while I go to therapy since they... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 24, 2020

If the injury occurred during the course of employment, you could reach out to a workers' comp attorney and discuss the matter with them in greater detail. Good luck

Tim Akpinar

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2 Answers | Asked in Civil Litigation, Personal Injury and Nursing Home Abuse for New York on
Q: I wish to explore litigation against a private shelter for negligence resulting in medical problems for me.

All is well documented and the shelter is private but falls under the oversight and it is funded by DHS in NYC

Charles K Sanders
Charles K Sanders answered on Aug 16, 2020

You can talk to you and experience personal injury lawyer in your state.

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3 Answers | Asked in Consumer Law, Criminal Law and Personal Injury for New York on
Q: Is it illegal to recorded a telephone conversation without the other party involved consent or known in NYC?
Michael H. Joseph
Michael H. Joseph answered on Aug 1, 2020

No, New York is a one party consent state. So as long as one party knows it is fine.

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4 Answers | Asked in Car Accidents, Personal Injury, Civil Litigation and Juvenile Law for New York on
Q: Can I be sued for negligence on behalf of my child?

My 10 year old son waa riding his bike on the sidewalk and accidentally bumped into a woman. The woman fell and scraped her elbow. My son got scared and left his bike and ran home. A few minutes later, I arrived at the scene and the woman's husband immediately began threatening to sue me. The... Read more »

Michael David Siegel
Michael David Siegel answered on Jul 13, 2020

In theory you can be sued. Anyone can sue anyone. If you are, send it to your insurance company. If you have no insurance, you will likely not be sued.

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1 Answer | Asked in Personal Injury for New York on
Q: A coworker attacked me with a knife, on the job. Is my company. Liable?
Michael H. Joseph
Michael H. Joseph answered on Jul 12, 2020

You are entitled to worker’s compensation benefits but you can also sue the co-worker, however you cannot sue the employer

2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for New York on
Q: Can I sue the state for not informing me of my convicted rapists release to society

He served his sentence and got put in mental facility because he’s a serial offender and was still a risk to society. I was never told he was released and he’s been seen around my home town and now I’m afraid and traumatized all over again because he came back to the place where this all... Read more »

Derek John Soltis
Derek John Soltis answered on Jul 3, 2020

This is a horribe answer to your question, but it gets arround to answering why suing probably won't help you.

You can sue anyone for any reason you want, but it doesn't mean you will win anything.

The state failed to tell you something. I don't remember you...
Read more »

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1 Answer | Asked in Personal Injury for New York on
Q: Request Property manager to take down Black Lives Matter signs in store

I have been attacked by this group and am seeing a doctor for tranquilizers do to trama. Can I suit IC if they do not remove them

Michael Francis Barrett
Michael Francis Barrett answered on Jun 26, 2020

No, they have a right to display such signs.

1 Answer | Asked in Personal Injury for New York on
Q: I am researching The Public Motor Vehicle Liability Security Fund. Do self-insured vehicles pay into this fund in NYS?

You can email me at SDavis@american-transit.com

Tim Akpinar
Tim Akpinar answered on Jun 22, 2020

According to New York Code ISC - Insurance § 7601 (d) The public motor vehicle liability security fund shall consist of

all payments made to it by insurers and of securities acquired by and through the use of moneys belonging to it, together with interest and accretions earned upon...
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1 Answer | Asked in Personal Injury for New York on
Q: Is my personal injury settlement money exempt from bank garnish or money judgment in New York
Laura Rosenberg
Laura Rosenberg answered on Jun 18, 2020

The short answer is 'no' - your personal injury settlement is not exempt from garnishment or money judgment. There may be a way to shield that money from creditors but it would require a more personalized answer. Please feel free to contact our firm at www.RosenbergFirm.com

1 Answer | Asked in Personal Injury for New York on
Q: Is my personal injury settlement money exempt from bank garnish or money judgment?
Michael Bersani
Michael Bersani answered on Jun 10, 2020

No, not at all.

1 Answer | Asked in Civil Litigation, Personal Injury, Social Security and Workers' Compensation for New York on
Q: is my wife entitled to any part of my Veterans Disability & Workers Compensation?
George E. Patsis
George E. Patsis answered on May 30, 2020

Are you divorcing? Please re-post with more details.

1 Answer | Asked in Family Law, Personal Injury and Civil Rights for New York on
Q: Hello! I am 16 years old, and CPS has opened a case on me, following me around and tapping into my phone.

There hasn't been any signs of neglect or abuse found in my house, even though my mother tried to kick me out. The case is supposed to be closed, obviously, but they won't close it.

Apparently, they have been following me around and they tapped into my phone when it was taken away... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 24, 2020

They are there to protect you so there isn't much you can do. However, if you have proof that they tapped your phone without a court order that can be reported to the police as that is a crime. In addition you can get a lawyer to sue on your behalf to stop all phone intercepts.

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