New York Personal Injury Questions & Answers

Q: How do you get records that are sealed open & is it possible to file a suit against the NYPD & the city w/ a 25 y/o case

1 Answer | Asked in Criminal Law, Personal Injury and Wrongful Death for New York on
Answered on Feb 4, 2019
Peter N. Munsing's answer
Time for you to bring a case would have been, with the most liberal ruling, when you turned 21. I don't see any way, but why not contact a member of the NY State Trial Lawyers who handles police misconduct cases.

Q: If an individual travereses on frozen water, do they do so at their own risk?

1 Answer | Asked in Personal Injury, Civil Litigation, Insurance Defense and Municipal Law for New York on
Answered on Feb 4, 2019
Peter N. Munsing's answer
First, don't put you email up ---ask Justia to take it down.

I'm not hearing any specific facts in your situation. As a general rule a person chosing their route is responsible for it's safety. Unless there is a need to go across frozen water they would be harmed. Look at the Restatement of Torts Sec 343 and NY cases cited.As to state agencies, they are governed by the Tort Claims Act. If you have a case, contact a member of the NY State Trial Lawyers Assn.

I fyou are trying...

Q: What case law exists awarding for emotional damages associated with having to opt for direct cremation over burial?

1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for New York on
Answered on Feb 4, 2019
Peter N. Munsing's answer
I think that would be a difficult case to prove. Suggest you contact a member of the NY State Trial Lawyers Assn--they give free consults.

Q: If a defamation statute of limitations expired. Are there any other resources outside of temporary restraining order ?

1 Answer | Asked in Personal Injury and Libel & Slander for New York on
Answered on Jan 23, 2019
Peter N. Munsing's answer
If they leave it up it can be viewed as a continuing libel. Get an attorney to write a cease and desist letter on your behalf and also to ask the services involved to take the materials down.

Q: Bullied by a professor to the point that I have PTSD, university won't penalize him. Can I sue him or my university?

2 Answers | Asked in Personal Injury for New York on
Answered on Jan 23, 2019
Peter N. Munsing's answer
Unlikely. For your PTSD suggest you try EMDR if you haven't--it's quite effective. It is very tough to prove bullying and in a collegiate system you are an adult, can decide to bag the class, ask the school for a refund, and get a professor that acts like a human being. By the way, I hope you haven't gotten into this on social media or at some point they could claim libel or slander, and you don't want to go there. If you did get into it, take those posts down now.

Note also you have...

Q: Hi, I am a New Jersey admitted counselor and was wondering if I can represent clients who were involved in MVA in NY.

2 Answers | Asked in Personal Injury for New York on
Answered on Jan 23, 2019
Peter N. Munsing's answer
Depends on what you mean by represent. Under some state rules you may advise them but would have to refer them to another attorney for litigation. Under some state rules you can't . Delaware, for instance, goes after Pennsylvania lawyers ---or tries to--if they advertise in Pennsylvania for people who were hit in Delaware.

Q: concerning a notice of claim against ny school district when does the 90 days run out if the injury occurred on 10/6/18

1 Answer | Asked in Education Law and Personal Injury for New York on
Answered on Jan 9, 2019
Peter N. Munsing's answer
90 days from then. There may be exceptions--if you are over the time limit but they were aware of it you may have an out. Contact a member of the NYState Trial Lawyers Assn in your county immediately--as in today! They give free consults.

Q: Does the 21 days stated in 5003-a include holidays or no?

1 Answer | Asked in Personal Injury for New York on
Answered on Jan 3, 2019
Peter Briskin's answer
Could be any or all of the above. Best thing for you to do is to call your attorney and inquire.

Q: Accident no physical injury

1 Answer | Asked in Car Accidents and Personal Injury for New York on
Answered on Dec 23, 2018
Timur Akpinar's answer
You could consult with attorneys in your area to explore if they would handle the matter on a basis that would be cost-effective for you. It sounds like the matter involves property damage only, which is good because no one was hurt, but that could make it more difficult to find representation. Depending on the size of the PD claim, an attorney could weigh the costs of litigation against the recovery.

Tim Akpinar

Q: Can I still sue a drunk driver for injuries associated with a car crash he was at fault for if the state of New York

1 Answer | Asked in Personal Injury for New York on
Answered on Dec 2, 2018
Timur Akpinar's answer
Yes, they are separate proceedings.

Tim Akpinar

Q: Do different types of product defects come with different amounts of damages you're able to recover?

1 Answer | Asked in Products Liability, Civil Litigation and Personal Injury for New York on
Answered on Nov 10, 2018
Timur Akpinar's answer
In these cases, the damages are generally related to the severity of the harm. In that vein, similar to negligence-based personal injury cases, a court would examine the nature of injuries and disabilities, with a major factor being whether they are temporary or permanent.

Tim Akpinar

Q: Hi I'm looking for a lawyer that practice in food violation due to contamination of Mc'Donalds .

2 Answers | Asked in Personal Injury, Products Liability and Small Claims for New York on
Answered on Oct 28, 2018
Peter N. Munsing's answer
If your son didn't need medical treatment chances are there is no case because you have to show the worm being there caused damage. Being revolting isn't enough to the law.

Contact a member of the NYState Trial Laweyrs Assn in your area--they give free consults.

Q: Found something disgusting in my Tropicana drink

2 Answers | Asked in Personal Injury and Products Liability for New York on
Answered on Oct 28, 2018
Peter N. Munsing's answer
If you didn't get sick, complain, they'll give you a coupon. If you got sick contact a member of the NY State Trial Lawyers Assn.

Q: I got bit by a student. I’m afraid to enter my own classroom. My principal and union know. I went to the doctor.

1 Answer | Asked in Employment Law, Personal Injury, Education Law and Employment Discrimination for New York on
Answered on Oct 28, 2018
Peter N. Munsing's answer
You have an unsafe workplace. If your union won't do anything about it I suggest you contact a member of the NYState Trial Lawyers Assn who handles employment issues. You may have to try a number. Try the National Employment Law Project: https://www.nelp.org/

As they are a Legal Services backup center they can't give you much advice but they do have "cooperating attorneys" who handle cases they cannot handle because of the statutes that govern them--ask for "cooperating attorneys ' in...

Q: can something be done about stopping criminals from evicting me from my house I am also disabled is this fair ?

2 Answers | Asked in Civil Rights, Federal Crimes, Personal Injury and Wrongful Death for New York on
Answered on Oct 24, 2018
Derek John Soltis' answer
You need to speak with an attorney. Your story is heartbreaking, but without reviewing the legal documents and the court decisions it is impossible to put together a strategy for you.

Q: If someone has a personal judgement against them and they file for bankruptcy will that judgement be affected?

6 Answers | Asked in Bankruptcy and Personal Injury for New York on
Answered on Oct 23, 2018
Karra Kingston's answer
Unfortunately, no. There is an automatic stay in place which means you can no longer go after them. That's assuming that he/she has the automatic stay. You can try to make a motion to lift it but it is highly unlikely that a judge would life it. Unfortunately if he gets a discharge you can no longer go after him.

Q: What should I do in this situation of personal injury case? I am the plaintiff and I am Pro Se

1 Answer | Asked in Personal Injury for New York on
Answered on Oct 18, 2018
Peter N. Munsing's answer
Your bigger issue is one you didn't ask about--are there "statutory liens" for the medical care you needed.

As to your question it refers to court costs.

Here's the deal--you're hurt, insurance company pays bills, but as a result that company may, under your state's law, have a right to make a claim--called a subrogation claim.

So you need to check with an attorney who is a member of the NYState Trial Lawers Association.

If you are receiving income based...

Q: Hi i was scheduled for an arthoscopy and after 4 hours of waiting.. I was told no because i had no one to take me home.

2 Answers | Asked in Personal Injury for New York on
Answered on Oct 18, 2018
Peter N. Munsing's answer
Yes, because they are worried you will pass out due to late effect of anesthesia or surgery, hit your head and then they will be sued. In fact your preop said you needed a ride home. That is standard practice even for root canal.

So I wouldn't feel humiliated. You just need to have a cab, something lined up.

This isn't a legal case or even a complaint case.

But no, they won't let you in if your plan was to take the bus home.

Q: The guy I hit with my car is now claiming he's not feeling well, but it was months ago - can he do that?

1 Answer | Asked in Personal Injury for New York on
Answered on Oct 13, 2018
Timur Akpinar's answer
Yes, but symptoms that accompany motor vehicle accident injuries generally present themselves relatively soon after an accident. Medical records would need to be examined to help determine what happened.

Tim Akpinar

Q: How do I look up a personal injury case against the city of New York? I like to keep up with the progress of the case

1 Answer | Asked in Personal Injury for New York on
Answered on Oct 2, 2018
Peter N. Munsing's answer
there are thousands, most in the Court for the County where the person lives or the injury happened. You would need to go to that court and find out what the case name and number is and track it that way.

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