She was physically attacked by another minor and another student recorded this incident. We have pressed charges on the subjects. I believe we are going to need some to be our representative, to make sure that the young lady gets more than one week's suspension and will no longer cause harm to... Read more »
The decision to suspend your daughter's assailant (and how long to suspend her) is likely in the sole discretion of the school's principal / superintendent. Do not be surprised if you do not have any say in the matter. If the student who attacked your daughter had a history of such...Read more »
I am pro-se Claimant in the NY Court of Claims. It happens that I am calling the same witnesses as the defendant (the State). The defendant presents the witness for their own defense but ALSO makes them available for Claimant's case. Is this means double direct and cross-examinations on each... Read more »
I'd be very surprised if the Judge allows you to call as direct witnesses individuals who have already been produced as witnesses by the State. More likely than not, if the witnesses are "hostile", you will have an opportunity to cross-examine them once the State has finished its...Read more »
I am the third party in a product liability insurance claim. The claim was denied earlier this month and just yesterday, the adjuster called me wanting to "resolve" the claim by offering payment for "pain" from the injury.
Before the insured sent the complaint over to... Read more »
It's difficult to say what the cause for the change in position on the part of the insurance carrier was without seeing the file and all communications. But what you describe is not uncommon. A claim could initially be denied because the examiner has not been presented with sufficient evidence...Read more »
If somebody claims that got hurt in front of my house how can request to be paid by my house liability insurance? My security system is old and cannot record, just view. Out of nowhere you just try to get money from your neighbors ?
Your homeowner insurance company will thoroughly investigate the matter. It is not enough for someone to simply fall. They must show that it resulted from a defect in the surface or negligence on your part. The claims adjustor or defense attorney from your insurance company should be able to...Read more »
I was slipped an illegal substance in my drink unknowingly. There are witnesses. I later had my urine tested. It tested positive for thc. I have eye witnesses. This has caused me mental anguish and anxiety. Do I have a civil case?
Yes. You have a battery case (as in assault and battery). However, if the person has no money, you may win but not collect. Also, if the only effect is anxiety be aware that courts require proof of mental harm, and some states have more stringent requirments.Contact a member of the NY State Trial...Read more »
I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... Read more »
I'm not certain what it was that you signed while hooked up to IVs in the hospital, but I'll address the personal injury aspect of your question, since you posted under that category. If you were injured in the course of your employment, it's possible you could have the basis for a...Read more »
I'm sorry your son was involved in an accident - I wish him a healthy recovery from his injuries. In terms of statutory requirements, if there are any under California law, you could repost your question under California. I could say this for most jurisdictions nationwide, as a general matter...Read more »
I was technically at fault due to being on a bike. Woman driving the car was messing with radio making a left hand turn. Insurance adjustor is pressuring me to settle tonight or I'll get nothing because tomorrow is 3 years.
Follow-up questions: Police report places blame on me... Read more »
I should have added, being on a bike does NOT “make you technically at fault”. A vehicle making a left turn is required to yield right of way to pedestrians and bicyclists. I have no idea how the accident happened, but that too is something to discuss with an attorney.
If you wish to report corruption involving local and state elected officials, you should report the matter to the Office of the Comptroller, https://www.osc.state.ny.us/investigations , which is charged with fighting corruption. You do not have legal standing to file suit on such matters. As for...Read more »
Sorry to hear what you went through. Unless your hair loss was permanent, a products liability lawsuit would probably not be warranted given the costs associated with such lawsuits. You should consider just writing to the manufacturer and asking for a full refund. Moreover, it appears biotin...Read more »
Without actually seeing the forms, it sounds like they are authorizations to obtain medical records. This is one of the formalities when attorneys exchange medical records - the patient signs an authorization to permit retrieval of the records. But your attorney could explain the forms in the best...Read more »
Then defendant filed appeal judge still denied appeal ! Now there’s something filed by court that says remitturr! There was no trial yet ! How can judge reduce award or verdict when there was no trial yet?????? We have not went to trial as of yet but the last entry by court was remitturr I... Read more »
I think you posted this question a few days ago. Remittitur is the process by which the Court reduces a jury's verdict. If your case never went to trial (either in front of a judge or a jury) then there would arguably be no verdict for the Court to reduce. Assuming you are representing...Read more »
I'm very sorry this happened to you. If you're seeking an attorney, it might be more productive to use the Find-a-Lawyer feature above. The Q & A format here is unlike an attorney referral service, where an attorney would come forth to offer services. The format here is instead geared...Read more »
Is it likely that a settlement number will be discussed or is it likely that there will be more settlement conferences! Discovery is finish and all appeals to get the case thrown out has been denied! Should I expect a number from the Attourney? Or will there be more settlement conferences thank you
It depends. Have you ever made a settlement demand? That's usually the first step in any settlement negotiations. If this is the first time your case is on for a settlement conference then it's not likely that the defendant will have any authority to offer money as getting the...Read more »
If you're asking whether you can sue your parents for emotional distress, the short answer is no. Short of physical abuse, a court is not going to second guess parents on how best to raise a child. Here's an article I found online which you might find useful,...Read more »
My Attourney haven’t said that there was an offer yet. Just wondering if an offer likely is on the table already thank you, the opposing counsel lost summary judgement and the appeal for summary judgement was also denied does the case settle for an additional amount went summary judgement and the... Read more »
Remittitur is the process by which a court reduces a jury's verdict on damages (as opposed to additur, the process by which a court increases a jury's verdict). If this happened on your case it means that the jury returned a verdict in your favor. If the Court granted the...Read more »
Hospitals knowledge of errors made after asking patient for her wrist, to look at ID Bracelet. Sudden room change, bed and all down hall across from psychiatrists/nursing staff front desk. Reason? Was told a emergency came in. The emergency discovered years later due to fraud concealment and... Read more »
An attorney who works with medical malpractice cases would be able to evaluate such a case. It could sometimes require a considerable level of evaluation to determine whether negligence rises to the level of criminal negligence. This appears to be a complex case and would likely require detailed...Read more »
You're most welcome. Congratulations on your case reaching the Special Trial Part. It's not for me to say the award was excessive. I cannot advise here, as you are represented by an attorney. I can only say that as a GENERAL matter in an informative context, remittiturs can arise when a...Read more »
Then the defendant filed for an appeal now the appeal was denied ! The judge ruled remmitture. I’m not sure what that means can someone help ! Is this good for me I read remitture means my lawyer has to accept a lower settlement! Is this true. Please help
As a general matter, there is the term remittitur, which is loosely the way you put it - a judge lowering an award. But there's more to it, and if your case reached the Special Trial Part, meaningful guidance at this point can be beyond the general scope of a general question and answer board...Read more »
Umm... No. With all due respect, you'll just sound like a crazy person if you cite to a quotation from the Nuremberg Trials in response to being asked to wear a mask (presumably, for the purpose of preventing the proliferation of COVID-19). Private businesses can operate however they'd...Read more »
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