I agreed to a 31% fee for mva accident attorney but I was charged 33% is that legal ? Also he had me pay tax if fair to get police report which I also had to pay for and then still charged me out of settlement for police report, charged me for postage and copies of forms that i received thru email... View More 
answered on Dec 1, 2023
What an attorney can charge is determined by contract--the attorney client fee agreement. If it provides for one percentage, that is all that can be charged for fees. Check the fee agreement as it is not uncommon for there to be an increased fee if a lawsuit is filed.
Certain costs may be... View More
I agreed to a 31% fee for mva accident attorney but I was charged 33% is that legal ? Also he had me pay tax if fair to get police report which I also had to pay for and then still charged me out of settlement for police report, charged me for postage and copies of forms that i received thru email... View More
answered on Dec 1, 2023
Some of these things may be outlined in the retainer agreement, which is usually signed at a client intake meeting. Attorneys do deduct some of the costs mentioned here - court filing fees, summons and complaint process server fees, medical records, etc. It could depend on what you and your... View More
I believe I contracted some type of worm/parasite during a vacation and received a MRI of the abdomen and pelvis in which one radiology tech questioned I might be pregnant because of movement seen during exam and another mentioned movement was seen confirming my suspicions but not reported to CDC.
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answered on Nov 17, 2023
If you believe your medical complaints are being disregarded by healthcare providers, your first step should be to seek a second opinion from another medical professional. It's important to have your concerns thoroughly evaluated, especially if you suspect a serious condition like a parasitic... View More
I believe I contracted some type of worm/parasite during a vacation and received a MRI of the abdomen and pelvis in which one radiology tech questioned I might be pregnant because of movement seen during exam and another mentioned movement was seen confirming my suspicions but not reported to CDC.
answered on Nov 22, 2023
As my colleague correctly advised, if you are dissatisfied with the level of care you received, you can reach out to the hospital's patient advocate and lodge a formal complaint. That said, your focus should be on getting appropriate medical care. If you are still experiencing symptoms... View More
She came to me and hit me in my face while I’m in my car and everything was recorded I have Dashcam so I push her back as defense of self , she falls on ground she seems drunk , we both get arrested what should I do? For me I have never been arrested before I wondering if I’m I in trouble or... View More
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answered on Nov 12, 2023
In New York, if you've been arrested following a confrontation where self-defense was involved, it's important to secure legal representation. The presence of a dashcam recording can be significant in demonstrating the events that led to the altercation. In terms of criminal proceedings,... View More
My toddler ran into the coffee table in our room at the Marriot hotel and the sharp edges cut her eyebrow deep so we had to take her to ER and she received a few stitches. We spend about 5 to 6 hours in the ER and are now getting big bills. Is Marriot responsible for the injury to their guest or is... View More
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answered on Nov 11, 2023
In assessing whether Marriott hotel is responsible for your toddler's injury, it's important to consider several factors. The key issue is whether the hotel was negligent in providing a safe environment. Hotels are generally expected to maintain their premises in a reasonably safe... View More
My toddler ran into the coffee table in our room at the Marriot hotel and the sharp edges cut her eyebrow deep so we had to take her to ER and she received a few stitches. We spend about 5 to 6 hours in the ER and are now getting big bills. Is Marriot responsible for the injury to their guest or is... View More
answered on Nov 13, 2023
Sorry to hear what happened to your daughter54cx. Based upon your description, you haven't identified any negligence on the part of Marriott which caused or contributed to your child's injury. Hotels that do not cater to children are arguably under no duty to baby-proof their rooms or... View More
I have an easement on my neighbor’s property to access the water and install a dock. My neighbor allows people to launch their boats on his property resulting in a constant flow of traffic. Is my neighbor liable if someone gets hurt on our easement or if our property in the water (dock,boat) is... View More
answered on Nov 11, 2023
A boat owner who is injured (and their guests) could name both property owners and try to connect both to any kind of claim. In terms of actual liability arising from negligence on the part of the property owners, that would need to be sorted out on a fact-specific basis. A court could recognize... View More
I have an easement on my neighbor’s property to access the water and install a dock. My neighbor allows people to launch their boats on his property resulting in a constant flow of traffic. Is my neighbor liable if someone gets hurt on our easement or if our property in the water (dock,boat) is... View More
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answered on Nov 12, 2023
In New York, liability for injuries or property damage occurring as a result of someone using your neighbor's property to launch boats can be complex. Generally, the owner of the property where the injury or damage occurs may be held liable, especially if negligence can be established.... View More
I asked my lawyer if he, or someone in his office, would go over the medical tests, with me,
that he suggested I have. My question was never answered. I even sent a follow up email and it was ignored. The only thing i could think is, it is a dumb question to ask. If it is I'm missing... View More
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answered on Nov 10, 2023
If your lawyer has not responded to your request, it is possible that they are simply busy or that they forgot. However, it is also possible that they do not think it is necessary for them to review your medical tests. This could be because they are not familiar with medical terminology or because... View More
I got juvederm lip fillers last week and the top lip where I believe is called the vermillion border almost on top of the pink color of the lip is all raised out and I look like I have a duck top lip almost. There are lumps also under the lip as well and the bottom lip also has a purplish color on... View More
answered on Nov 7, 2023
Sorry to hear what happened to you. Unfortunately, as my colleague correctly advised, a bad outcome, without more, will not support a medical malpractice case, especially one arising out of a cosmetic procedure. Rather, you need to demonstrate a departure from the standard of care and an injury... View More
I got juvederm lip fillers last week and the top lip where I believe is called the vermillion border almost on top of the pink color of the lip is all raised out and I look like I have a duck top lip almost. There are lumps also under the lip as well and the bottom lip also has a purplish color on... View More
answered on Nov 10, 2023
From the phrasing of your question, I wonder if you had the filler injected by an aesthetician, cosmetologist, or perhaps even an unlicensed individual, rather than by a plastic surgeon. And I wonder if it was actually Juvederm filler.
There are unfortunately many individuals, who are not... View More
Late Tuesday morning I fell all the way from the top to the bottom of the stairs. There are 17 stairs and I have 17 stitches above my eyebrow. I wasn't intoxicated or on any drugs. It could have been from my shoes, but I am unsure of what happened. My leg is also messed up from the fall, it is... View More
answered on Oct 19, 2023
Sorry to hear what happened to you. I am unaware of there being any Code requirements as to the maximum width of an interior staircase (they have to be at least 36" wide). With regard to staircases in NYC, the riser height can be no higher than 7". Tread depth can be no greater than... View More
Late Tuesday morning I fell all the way from the top to the bottom of the stairs. There are 17 stairs and I have 17 stitches above my eyebrow. I wasn't intoxicated or on any drugs. It could have been from my shoes, but I am unsure of what happened. My leg is also messed up from the fall, it is... View More
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answered on Nov 5, 2023
Building codes, which vary by jurisdiction, generally dictate the dimensions and safety standards for staircases in public buildings, including hotels. In many areas, the International Building Code (IBC) is used as a guideline, which prescribes specific measurements for riser heights and tread... View More
Our child’s school is requiring us to sign a liability waiver that includes willful and/gross negligence to attend a mandatory, all-day retreat. He is not allowed to graduate without it and we’ve been told we are not allowed to alter the language of the release.
answered on Sep 28, 2023
I'm sorry you were placed into this position. In general, such liability waivers are not looked kindly upon by courts, for reasons of public policy. In terms of your question of whether or not you should sign it, it's an individual decision. As a general premise, such agreements can be... View More
Our child’s school is requiring us to sign a liability waiver that includes willful and/gross negligence to attend a mandatory, all-day retreat. He is not allowed to graduate without it and we’ve been told we are not allowed to alter the language of the release.
answered on Sep 29, 2023
Under New York General Obligations Law § 5-326, agreements exempting places of public amusement or recreation from liability are void and unenforceable. Even if the retreat does not fall into one of these categories, agreements than exempt parties from willful or gross negligence are... View More
I am 35 year old and i just found out my mother have been secretly using my settlement money since I was 7 year old. This settlement money was rewarded to me when I was a minor due to medical malpractice. My mother told me that I need to stay quiet about it and you still under guardianship. So I... View More
answered on Sep 26, 2023
If you had a medical malpractice case as a minor which settled, the proceeds would likely have been deposited in a bank account which would have been jointly held in trust by your guardian (your mother) and an officer of the bank. Significantly, any such monies should have been off-limits to your... View More
After the injury the Red Cross provided misleading information on severity and needed treatment. This resulted in a Pseudo aneurysm that required surgery.
answered on Sep 26, 2023
Sorry to hear what you've been through. As my colleague correctly advised, to have a viable case against the American Red Cross, you'd have to demonstrate that the manner in which it drew blood fell below the accepted standard of care and that such deviation caused you injury. An atrial... View More
After the injury the Red Cross provided misleading information on severity and needed treatment. This resulted in a Pseudo aneurysm that required surgery.
answered on Sep 22, 2023
Hello - so sorry about your situation. What you describe sounds terrible. In order for you to have a malpractice claim, you would need to prove that the nurse or whoever did the blood draw deviated from a normal standard of care. You should consult with an attorney to discuss your matter further... View More
I was undergoing physical therapy for back/ spine issues with intermittent numbness and improving. Additional authorizations by my insurer were suddenly denied. PT office did not appeal immediately and only did once I received a copy of the letter and informed them. An appeal would take 30 days to... View More
answered on Sep 16, 2023
You raise a very good question - and one that does not go overlooked by attorneys in challenging denials of medical care. Unfortunately, it is also a difficult issue to argue in most settings where a claim is closely processed with valid independent medical exams or peer reviews. If you have an... View More
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