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New York Personal Injury Questions & Answers
1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Libel & Slander for New York on
Q: IIED

Can I sue someone for IIED if the person I was having a conversation with recorded the conversation (a conversation in which I was saying bad things) and this person sent the tape of the conversation to my boss, which then led to me being fired?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 9, 2022

The actions of person who recorded your statement, although perhaps unethical, does not rise to the level required to bring an action for intentional infliction of emotional distress. Conduct that could support such a lawsuit must be so extreme and outrageous as to go beyond all possible bounds of... Read more »

1 Answer | Asked in Personal Injury for New York on
Q: How do I find out if my now former attorney due to his suspension for misconduct settled my case without my knowledge?

I have a suit against the City of New York for 1,000,000 in Supreme court which was filed in 1991. I did meet with the Comptroller and said attorney a few years after the case was filed in supreme Court which was the only thing that was done to my knowledge. This attorney was suspended for... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2022

You can check the County Clerk's office to see if a Stipulation of Discontinuance was ever filed (which is part and parcel of any settlement). You could also try contacting the Office of the Corporation Counsel (which represents the City of New York in most lawsuits brought against it).... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Medical Malpractice and Sexual Harassment for New York on
Q: Can somebody tell me some ideas for how i can get retribution because this is scandalous and im literally going through

The following transaction was entered on 8/30/2022 at 4:28 PM EDT and filed on 8/30/2022

Case Name: DAVIS v. CHESTER CROZER HOSPITAL et al

Case Number: 2:21-cv-05035-CMR

Filer:

WARNING: CASE CLOSED on 06/03/2022

Document Number: 22

Docket Text:... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 8, 2022

Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), the Court may dismiss a case if it determines that your Complaint, accepting every allegation as true, "fails to state a claim on which relief may be granted." In layman's terms, it means the Court is dismissing your case because the facts... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for New York on
Q: Doctor did an eye check for strep,said I had strep,put me on amoxicillin,then i broke out in rash cuz its mono.can i sue

The doctor at the urgent care I work next to did an eye test for strep (just looked down my throat) without swabbing or doing any test. I was prescribed amoxicillin. I took the amoxicillin and 6 days later broke out with a bad rash because that's what happens when you take a penicillin with... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 2, 2022

Sorry to hear what happened to you. Without minimizing what you've gone through, a rash that is perhaps lasting longer than it should will not justify the time and expense of a medical malpractice lawsuit. Moreover, amoxicillan is an accepted course of treatment for strep throat. Although... Read more »

2 Answers | Asked in Personal Injury for New York on
Q: In an diversity of jurisdiction suit if case doesn't meet the 75.000 limit. What happens if case is dismissed & lost.

One party lives in n y c other party lives in another state. What happens to case.

Tim Akpinar
Tim Akpinar
answered on Aug 22, 2022

The short answer is that the case could be remanded back to state court for failing to meet the $75,000 threshold for diversity jurisdiction. You're talking about the amount in controversy provision. If you are in the federal court system, it's likely you are already represented by... Read more »

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1 Answer | Asked in Personal Injury for New York on
Q: Can a case that has been in Supreme Court since 1991be settled now and what options do I have. Thank you in advance

I'm asking this because the attorney that I had has not provided me with any information in regards to my case only stating that he plans on settling a bunch of cases with the city and mines is among them. Up until last year he told me that he was retiring and that he was going to hand my case... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 18, 2022

It could be difficult for an attorney to speculate about what has been done on a case that was filed over 30 years ago. One option could be to reach out to attorneys to discuss in greater detail. Good luck

2 Answers | Asked in Personal Injury for New York on
Q: How do I find out if I have an active lead settlement case ?
Tim Akpinar
Tim Akpinar
answered on Aug 6, 2022

If you're asking as a plaintiff who has previously filed a case, either individually or as part of a class, the most reliable way would be to contact the law firm representing you and ask for the disposition of the case. If you're asking how do you find out if you have the grounds to... Read more »

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2 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: N.Y.S.B.A.?

I am desperately trying to find a medical malpractice attorney in NY to no avail. Everyone keeps telling me to try the New York State Bar Association. Isn't that a paid subscription site? I tried to go on it but I couldn't navigate it correctly. It doesn't help that I'm... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 16, 2022

I'm sorry for the frustration you are experiencing in trying to find an attorney. You are correct, the NYSBA could have fees associated with consults. Their website mentions fees, and the details of those arrangements are something to be discussed with them or their attorneys. But as a general... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: I have no insurance but need help

I'm severely disabled.Im almost blind,can't speak, can't move my muscles,haven't brushed my teeth nor taken a shower since a surgery almost 3 years ago.Bedridden,can't feed myself and now its getting harder to breathe.If I go to the emergency room in Bellevue hospital, a... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 14, 2022

If you are in need of emergency, i.e. life saving, medical treatment, an emergency room is required by law to treat you. It is not, however, required to treat you for chronic, non-life threatening medical conditions. Here's something I found online which you might find useful,... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: What happens If the defendant is nowhere to be found?

My lawyer informed me that the reason my lawsuit has been dragged out for so long is due to an awol defendant. It was a car accident that was his fault and caused me to have cervical fusion surgery . It has been 6 yrs and the defendant has not complied with anything and has completely vanished.

Michael H. Joseph
PREMIUM
Michael H. Joseph
answered on Jun 13, 2022

That isn't a great answer. These days there are investigators that can find most people. If he can't be served, he can ask the Court for an order permitting service by publication or some other means. If he was served and he disappeared, you can just move for summary judgment based upon... Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: A lady intentionally rammed my car (I have it on video). I am injured, what should I do?

I live in New York, and was driving to work today when a lady that claimed I cut her off rammed into the back of my car (I have front and rear dash cams). It was severe enough to require my car to be towed. She had 2 young children in her Range Rover when she did this. She was admitting that it... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2022

I'm sorry this happened to you. I hope you are okay. In terms of the civil portion of your question, you could discuss this with a personal injury attorney. It could be premature to make a determination as to the extent of injuries until you are seen by medical professionals. An attorney could... Read more »

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1 Answer | Asked in Personal Injury for New York on
Q: NYC As the plaintiff, am I allowed to request for a "meritorious" case to be dismissed or do I have to settle

I am the guardian of an incapacitated person (my father). The lawyer assigned to this case chose to not communicate at all. The incapacitated person will no longer benefit from this lawsuit as his present physical and mental condition have worsened and will only get worse as time goes on until he... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 1, 2022

As the guardian of the incapacitated person / plaintiff, you certainly have the right to discontinue the case, regardless of whether it's meritorious. Of course, this will mean that your father's attorneys will not get compensated for any of the work they put into the case (and will... Read more »

2 Answers | Asked in Personal Injury for New York on
Q: Can a personal injury case in supreme court be heard after 30 yrs? I have a 1,000,000 suite against the city of NY

The attorney I had keep telling me he was trying to settle my case but I believe he did nothing. There was never a update on my case. The said attorney has been suspended in 2020 and has been still acting as my attorney. He told me he was retiring and a friend of his will take over the case and... Read more »

Steven Richard Smith
PREMIUM
Steven Richard Smith
answered on May 20, 2022

Well first of all, go on the court website and make sure that your case is marked ‘active’ and not ‘disposed’ which would be a problem. If it’s ‘disposed’ it means the case is closed and then someone would have to contact the court to get it re-opened. Unless of course, there was a... Read more »

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1 Answer | Asked in Civil Rights, Consumer Law, Personal Injury and Civil Litigation for New York on
Q: What is the legal process for pre action discovery via order to show cause?

I want to identify a defendant via order to show cause with an affidavit of support. Do I need a petition? If so, do I need to buy an index number? Can use the same index number in a lawsuit after the order to show in the same matter? Or do I have to buy a new index number?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 28, 2022

Yes, you will need to file a petition (for which you will need to purchase an index number) and move by Order to Show Cause for pre-action discovery (which can only be used to identify a defendant - not to find out if you actually have a viable case). You CANNOT use the same index number in the... Read more »

3 Answers | Asked in Family Law and Personal Injury for New York on
Q: My son was abused at george Jr Republic. I was advised by a judge to get a lawyer because i did testify on the record.

I did keep a journal of all his activities there. I also had the judge comment on why when there were incidents did the cameras not work??? True story

Tim Akpinar
Tim Akpinar
answered on Apr 22, 2022

I'm very sorry this happened to your son. The facts presented here are brief, and a more complete investigation could shed light on issues such as the cameras. In terms of consulting with an attorney, if you plan to do so, it would be best to act IMMEDIATELY.

Your post does not give...
Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: A lawsuit in New York state supreme court involving 10 people.

A lawsuit in New York Supreme Court. The judge rules to send the lawsuit into arbitration. After three years the arbitrator's rule on what each individual will receive. One of the individuals in a lawsuit is not happy with what he is going to receive. Does that individual have any rights to... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 22, 2022

This is something best answered by the attorney, with the benefit of having the file, arbitration decision and its terms, and any accompanying agreements. As far as the attorney's role, they apply their zealous efforts in presenting relevant evidence, well-formulated arguments, and complying... Read more »

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1 Answer | Asked in Personal Injury and Legal Malpractice for New York on
Q: My attorney stated he could not mail me my case file from NY to PA because it's a HIPAA violation. Is that true.?

I have a case that's been going on since 1991 against the city of NY. I don't believe my attorney is handling it accordingly. He refuses to send me

my case file. There hasn't been any progress on my case and keeps trying to assure me everything's OK. He's sent me... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 20, 2022

Sorry to hear your attorney is refusing to turn over your file. You have an absolute right to get a copy of it.

HIPAA does NOT prevent your attorney from mailing you a copy of your own file; HIPAA governs the disclosure of protected / confidential medical information to unauthorized third...
Read more »

2 Answers | Asked in Personal Injury for New York on
Q: If I got a settlement for a legit injury (slip and fell) lawsuit, can my insurance company go after what they paid?
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 18, 2022

Yes, it can. You have a written contact with your insurance company which probably contains a right to reimbursement. This basically means that if another party causes you injury for which you receive a settlement, you are required to use the settlement proceeds to pay back your insurance company... Read more »

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2 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: I want to sue my psycho-therapist and her supervisor a Psychiatrist. I live in Brooklyn NY

I live in Brooklyn NY I want to sue my psycho-therapist and her supervisor, they discontinued my care, without just cause I filed a complaint with Patients Relation and received a letter of apology stating the determination of my care was wrong and should not have happened. I have since suffered... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 4, 2022

I'm sorry for your ordeal. Unfortunately, it would be difficult to get an attorney referral on this site - the format here is more question & answer. There are legal sites set up as attorney referral services. The closest thing on this site might be the tab above, Find-a-Lawyer. You could... Read more »

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2 Answers | Asked in Education Law and Personal Injury for New York on
Q: Are schools liable for behavior of their students on school sponsored trips?

Ex) a student injures a member of the public by engaging in reckless behavior

Tim Akpinar
Tim Akpinar
answered on Apr 4, 2022

These are generally fact-intensive settings, and they can be complex. A central issue will often be whether there was a lack of supervision or negligent supervision on the part of the school (or possibly other entities, depending on the setting). An experienced attorney who had the chance to review... Read more »

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