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New York Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for New York on
Q: what is the monetary jurisdiction of colonie justice court
Tim Akpinar
Tim Akpinar
answered on Apr 9, 2024

I'm sorry your question remains open for two weeks. This is really something that attorneys local to that court would know best. For now, you could check with the clerk's office of the court. If your matter involves personal injury, you want to proceed in a court of unlimited... View More

1 Answer | Asked in Consumer Law, Personal Injury, Energy, Oil and Gas and Municipal Law for New York on
Q: Nyseg took the meter from my house, yesterday, a week after restarting my account. It is 15°

I am disabled, working through repairs from an electric fire. Are they responsible for broken pipes because they filled the lines with water, allowing the electric on, then caused the freeze with no notice removal. Fresh foods frozen, botled water froze(no electric no waterpump no toilets)

Tim Akpinar
Tim Akpinar
answered on Mar 24, 2024

I'm sorry for the stressful situation you have been placed into. It could be difficult for an attorney to offer a simple, direct answer to your question in the brief post without knowing more details, and figuring out what happened here. Until you're able to discuss with a local attorney,... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for New York on
Q: When does statute of limitations really end?

I know the statute of limitations is 2 and a half years for medical malpractice in NY ,but what if your symptoms aren't prevalent till after that ?

Alexander Karasik
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answered on Mar 18, 2024

Great question. Short answer is: it depends on the nature of your malpractice claim. NY has a limited "discovery rule" --which extends the 2.5-year statute of limitation to one year past the discovery of the medical malpractice. However, the "discovery rule" exception is... View More

1 Answer | Asked in Personal Injury for New York on
Q: Injury from a store fall, I was offered $500 but don't think its fair, what would a fair offer be?

I fell from sitting on an outside chair in a store when the leg broke hitting my shoulder (which I had previous surgery on) on the floor. The maker of the chair has offered me $500 but I don't think it's a fair offer. I've had pain in this arm since it's happened, my doctor... View More

Tim Akpinar
Tim Akpinar
answered on Mar 12, 2024

I'm sorry about your fall. Unfortunately, it would be difficult for attorneys here to answer your question about a figure for a counteroffer. They would likely want to review your medical records, the impact of the injury on your life, time disabled/not able to work, and prognosis for... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I was emailed a summons for a malpractice with a document to complete for an insurance claim. How should I proceed?

I was involved in caring for a patient and now I was summoned with other providers. The malpractice insurance want me to complete the claim. Should I do this without a legal advisor?

Tim Akpinar
Tim Akpinar
answered on Mar 9, 2024

Learn what you can about the scope of coverage of the insurance carrier, the nature of the claim, and the extent of your employer's coverage. Is the insurance carrier covering you and other staff of the facility where you were employed? Or is the insurance carrier providing coverage for only a... View More

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1 Answer | Asked in Education Law and Personal Injury for New York on
Q: My college forces all freshmen to buy a meal plan, i have food allergy and they dont have food suitable for me. can i su

My college forces all freshmen to buy a meal plan. I have celiac disease, and the dining hall fails to give me gluten free food or gluten free food without cross contamination. The food they say I can eat is prepared not in gluten free environments which leaves me sick almost the entire time I am... View More

Tim Akpinar
Tim Akpinar
answered on Feb 28, 2024

Technically speaking, a lawsuit is almost always possible in situations where one suffers damages at the hands of another party or entity. But a practical question could be whether a lawsuit is the best course of action, if it is possible for the facility to accommodate your needs. In terms of... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Elder Law for New York on
Q: How to defend myself against a TRESPASSING CHARGE-WHEN I WAS LOOKING FOR THE REBARB I HAD PAID FOR IN 2010-AND IT'S GONE

He is also blatantly hacking me with his fancy Apple smartwatch and his iPhone through Bluetooth which I do not even have enabled! He wants my property and we've been disputing this for years! The local judge was probably paid off by him & I'm going to have a heart attack I swear

James L. Arrasmith
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answered on Feb 24, 2024

Firstly, it's essential to remain calm and composed despite the distressing situation. When defending yourself against a trespassing charge, focus on presenting evidence to support your claim that you were on the property to retrieve rebar you had previously purchased. Gather any documentation... View More

2 Answers | Asked in Personal Injury for New York on
Q: Due to well known rental inc. negligence, I suffered serious injury, and may require surgery. Do I have a case?

I and a minor special needs child suffered and i'm still suffering from tremendous pain due to a very well known rental inc. negligence with an issue I reported promptly....

Tim Akpinar
Tim Akpinar
answered on Feb 20, 2024

I'm sorry about your injury and the injury of the special needs child. It could be difficult for attorneys here to answer your question accurately, based on the brief facts at hand. You mention negligence. If you could successfully prove that, it's possible you could have a case. But the... View More

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2 Answers | Asked in Personal Injury for New York on
Q: Due to well known rental inc. negligence, I suffered serious injury, and may require surgery. Do I have a case?

I and a minor special needs child suffered and i'm still suffering from tremendous pain due to a very well known rental inc. negligence with an issue I reported promptly....

William Vance Ferro
William Vance Ferro
answered on Feb 21, 2024

I am terribly sorry to hear this happened to you. I hope both you and your child are doing better.

It is difficult to ascertain how exactly the accident and or negligence occurred. I would highly recommend reaching out to an experienced personal injury attorney who can guide you through...
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3 Answers | Asked in Personal Injury and Military Law for New York on
Q: Where can you find a litigants case? if in fact it was filed? So there are no double filings?

Looking to find information on a case that may or may not have been filed with TORTS?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 12, 2024

If the case was filed in Supreme Court, you can check the New York State Courts Electronic Filing (NYSCEF) system, https://iapps.courts.state.ny.us/nyscef/HomePage You can search by index number, party name and attorney.

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3 Answers | Asked in Personal Injury and Military Law for New York on
Q: Where can you find a litigants case? if in fact it was filed? So there are no double filings?

Looking to find information on a case that may or may not have been filed with TORTS?

James L. Arrasmith
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answered on Feb 25, 2024

To find information on a case that may have been filed, particularly in New York, you would typically start by checking the online databases of the court where the case would have been filed. For personal injury and tort cases, this could be in a state or federal court, depending on the nature of... View More

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3 Answers | Asked in Personal Injury and Military Law for New York on
Q: Where can you find a litigants case? if in fact it was filed? So there are no double filings?

Looking to find information on a case that may or may not have been filed with TORTS?

Tim Akpinar
Tim Akpinar
answered on Feb 12, 2024

In addition to the NYS Court System resources my colleague mentions, there are other databases out there, such as PACER, and several commercial ones. Sometimes, a case could also come up in a simple internet search, but the court and legal databases are a more reliable resource. If you find the... View More

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1 Answer | Asked in Contracts, Personal Injury, Civil Litigation and Legal Malpractice for New York on
Q: A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party

A settlement Agreement was prepared by a party with adequate Attorneys 2 days to it's trial. That same day Pro Se party rescind.

A settlement Agreement was made under pressure by attorneys on a Friday the trial was set to begin the following Monday: Party A was unrepresented vs a Party... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 9, 2024

So, if I understand you correctly, you entered into a settlement agreement, the terms of which were changed after you signed the agreement. Under those circumstances, you might have a valid basis on which to say that there was never an agreement in the first place since you never agreed to these... View More

3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I'm looking for a medical malpractice attorney and some guidance.

I went to a city hospital(Bellevue)and I know for a fact they misdiagnosed me because I have 2 things that have almost the same symptoms but are grossly exacerbated because they only want to diagnose me with one. I have documentation and proof that it is the most misdiagnosed thing in that area.... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Feb 6, 2024

You can find many excellent malpractice attorneys using the Find a Lawyer tab on the JUSTIA homepage. Before you can file a lawsuit against Bellevue Hospital, however, you must first file a Notice of Claim with New York City Health and Hospitals Corporation (NYCHHC) within 90 days of the alleged... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I'm looking for a medical malpractice attorney and some guidance.

I went to a city hospital(Bellevue)and I know for a fact they misdiagnosed me because I have 2 things that have almost the same symptoms but are grossly exacerbated because they only want to diagnose me with one. I have documentation and proof that it is the most misdiagnosed thing in that area.... View More

Tim Akpinar
Tim Akpinar
answered on Feb 6, 2024

My colleagues offer sound advice in terms of consulting with an attorney. Most med mal firms work on a contingency basis and offer free initial consults. In addition to your own searches, there is the "Find a Lawyer" tab mentioned by Mr. Ratchik, as well as attorney referral sections... View More

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2 Answers | Asked in Personal Injury for New York on
Q: I was at JFK airport and the line safety to keep people in line was not secured right and smacked me in the face

I am seeing blurry and I am at the emergency department now and I was dizzy at the time of incident blood was drawn and incident report was made

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 18, 2024

Sorry to hear what happened to you. Whether you might have a case against the Port Authority of New York & New Jersey (which operates JFK) will depend on whether the Port Authority either knew about the condition, or in the exercise of reasonable care should have discovered the condition, and... View More

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3 Answers | Asked in Criminal Law, Personal Injury and Education Law for New York on
Q: My 12 year old daughter was assaulted by another student at school. She has injuries. What type of lawyer should I call?

My daughter has a concussion,went to the hospital,and needs physical therapy.

Tim Akpinar
Tim Akpinar
answered on Jan 11, 2024

I'm sorry for your daughter's ordeal. In consulting with attorneys, learn if you are dealing with any notice of claim provisions - short filing deadlines that could arise in such cases. Also learn what evidence is available that is transient in nature, such as surveillance footage. I hope... View More

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3 Answers | Asked in Criminal Law, Personal Injury and Education Law for New York on
Q: My 12 year old daughter was assaulted by another student at school. She has injuries. What type of lawyer should I call?

My daughter has a concussion,went to the hospital,and needs physical therapy.

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jan 11, 2024

So sorry to hear what happened to your daughter. If you haven't already, report the matter to the school's principal / assistant principal. You might even consider reporting the matter to the police depending on the severity of your daughter's injuries. Whether the school is... View More

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I was hot by car cracking my skull open, fractured legs and multiple other injuries

A Settlement was offered based on condition:

Condition 1: I will be Paid $1,200.00 immediately if I leave the town and never return.

Condition 2: I will be paid $1,000.00 per month for 12 months if and only if I agree to live in the streets.

Was this legal?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Dec 22, 2023

So sorry to hear what happened to you. There's nothing illegal about making you a low settlement offer; insurance companies do it all the time, especially when someone is representing themself. The only way an insurance company will take your case seriously is if you hire an experienced... View More

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I was hot by car cracking my skull open, fractured legs and multiple other injuries

A Settlement was offered based on condition:

Condition 1: I will be Paid $1,200.00 immediately if I leave the town and never return.

Condition 2: I will be paid $1,000.00 per month for 12 months if and only if I agree to live in the streets.

Was this legal?

Tim Akpinar
Tim Akpinar
answered on Dec 19, 2023

I'm very sorry for your accident and your serious injuries. You should consult with an experienced attorney right away. There are too many elements to address in the brief scope of a post here, one of the most pressing being the IMMEDIATE AND URGENT filing for no-fault benefits to cover your... View More

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