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New York Personal Injury Questions & Answers
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.

2 Answers | Asked in Personal Injury, Animal / Dog Law, Medical Malpractice and Wrongful Death for New York on
Q: Is there any attorney in New York willing to take a veterinarian malpractice case?

Our dog died a sudden, senseless, and tragic death at the hands of a negligent veterinarian. We are aware that the veterinarian violated standards of case for several reasons. We have a necropsy report, toxicology report, and an expert witness veterinarian opinion letter. This not about money - it... Read more »

James Avery
James Avery answered on Apr 20, 2020

I’m cautious whenever people say its “not about money” because the reality is that an attorney’s time is their stock in trade, and time is money. There is small claims court for folks with initiative but without money, and if you get the Judgment it vindicates you!! But if you want a... Read more »

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1 Answer | Asked in Personal Injury for New York on
Q: My 2 year old got a small burn on his chest by an apple charger . Can i sue the company?

The charger got so hot that it peeled his skin.

Tim Akpinar
Tim Akpinar answered on Apr 13, 2020

I hope your son is okay. The most important thing at this time is to make sure he receives necessary medical attention. You could see what his pediatrician says about the injuries. If they are of a temporary nature and show promise of healing soon, which I hope is the case, there may not be a... Read more »

1 Answer | Asked in Business Law, Personal Injury and Civil Rights for New York on
Q: If I am filing a small claims of $320, which is the amount I lost, how much can I charge for damages?

Is there a minimum or maximum amount that I can charge for damages?

Tim Akpinar
Tim Akpinar answered on Apr 8, 2020

The New York State Unified Court System has some educational resources for using Small Claims Court. Here is web address for their page:

http://www.courts.state.ny.us/courts/nyc/smallclaims/videos.shtml

They answer questions about amounts and other issues. Good luck

Tim Akpinar

1 Answer | Asked in Products Liability and Personal Injury for New York on
Q: What is the liability of the hairstylist when selling professional hair color to their clients for at home use?

We are thinking of making color "touch up" kits to sell to clients during the time we are closed due to social distancing. What are the liabilities associated with this as the business owners if something were to go wrong with either the color results , unexpected hair damage or personal... Read more »

James Avery
James Avery answered on Apr 2, 2020

Liability will generally depends on whether a license is required to sell the product, and if so, there is probably a potential for liability.

1 Answer | Asked in Personal Injury for New York on
Q: My underage friend was raped, his attackers are of age. Will this go to court?

He has video proof, has taken it to the police and was blackmailed by these people. He also made sure friend was also on FaceTime to witness it.. will the friend have to stand witness?

James Avery
James Avery answered on Apr 2, 2020

The “will witness have to go to court” will depend on the situation. Criminal cases will depend on the Prosecutor. Civil cases, a witness generally cannot be compelled to testify.

1 Answer | Asked in Personal Injury for New York on
Q: If a hairstylist sells professional color to a client for at home use during the Coronavirus shutdown, are they liable

I couldn't fully type the question above but I want to know if the hairdresser is liable if the actual color causes hair damage or personal injury (not coronavirus). Can we have them sign a waiver that would exempt us from being held liable?

Michael Bersani
Michael Bersani answered on Mar 25, 2020

It depends on where you live, what’s the executive order or rule is regarding this, and whether you got the coronavirus and Got sick or died, and whether you can prove that this was caused by the product you purchased.

2 Answers | Asked in Personal Injury, Real Estate Law and Municipal Law for New York on
Q: Is there a specific law stating fire departments are responsible for visitors on department property.

Doing research for a class project

Tim Akpinar
Tim Akpinar answered on Mar 9, 2020

It does not seem like something that would expressly be spelled out in any statute or code. But you should still research and check municipal codes and ordinances (including those written by FDNY) to be certain. If after diligently checking, you find no such provisions, you could consider including... Read more »

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2 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for New York on
Q: My father died a year ago supposedly from an enlarged heart but he had been to military hospital for check ups for a

Recent spine surgery he lived in Michigan this happened in Michigan is this normal the night be for he died he was complaining of a headache

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 1, 2020

This sounds like a medical question not a legal one, additionally this should be posted in the Michigan area not NY.

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1 Answer | Asked in Personal Injury for New York on
Q: Is there a law protecting an employee personal medical information

Can an employer share any medical information with my coworkers

Tim Akpinar
Tim Akpinar answered on Feb 20, 2020

Yes, HIPAA laws protect personal medical information. Good luck

Tim Akpinar

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