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New York Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury, Civil Litigation, Insurance Defense and Municipal Law for New York on
Q: If an individual travereses on frozen water, do they do so at their own risk?

New York State: A number of discussions on traversing on frozen water exist. The DEC discusses safety issues for recreation users like anglers. The Parks and Recreation statutes discuss the use of snowmobiles. The NYS Snowmobile association discusses training, risks, and safety measures that a... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 4, 2019

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...
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2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for New York on
Q: What case law exists awarding for emotional damages associated with having to opt for direct cremation over burial?

I recall coming across case law in either a wrongful death case or medical malpractice case where the plaintiff(s) were awarded for emotional distress resultant from having to choose direct cremation of their loved one instead of burial (their preferred method of disposition).

Thank you... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 4, 2019

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.

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1 Answer | Asked in Personal Injury and Libel & Slander for New York on
Q: If a defamation statute of limitations expired. Are there any other resources outside of temporary restraining order ?

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

Someone (an ex partner) wrote deragtory, defamtory information about me online in 2013 after they already did the same thing in 2009. I was told to go to my local court... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 23, 2019

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.

2 Answers | Asked in Personal Injury for New York on
Q: Bullied by a professor to the point that I have PTSD, university won't penalize him. Can I sue him or my university?

The bullying behavior - which likely started because I told the professor in question not to hit me (it was done playfully, not in aggressively) - occurred from Oct through Dec 2017, and my failed attempts to get university admin to take actions against him/assure me that they took actions against... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 23, 2019

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... Read more »

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2 Answers | Asked in Personal Injury for New York on
Q: Hi, I am a New Jersey admitted counselor and was wondering if I can represent clients who were involved in MVA in NY.
Peter N. Munsing
Peter N. Munsing answered on Jan 23, 2019

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... Read more »

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1 Answer | Asked in Education Law and Personal Injury for New York on
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
Peter N. Munsing
Peter N. Munsing answered on Jan 9, 2019

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.

1 Answer | Asked in Personal Injury for New York on
Q: Does the 21 days stated in 5003-a include holidays or no?

I received a letter from the insurance company whom in which is paying the settlement stating that they sent the payment to my lawyer on the 21st of December. Which I believe my lawyer should have received by now, however he hasn't contacted me yet. Could this be because of the holidays or could he... Read more »

Peter Briskin
Peter Briskin answered on Jan 3, 2019

Could be any or all of the above. Best thing for you to do is to call your attorney and inquire.

1 Answer | Asked in Car Accidents and Personal Injury for New York on
Q: Accident no physical injury

Rear-ended by an elderly driver who made no attempt to stop, and was clearly negligent. Luckily we were not physically hurt but the accident has placed a great deal of stress, impacting my husbands already inflated blood pressure. The at-fault insurance company has been difficult to work with and... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 23, 2018

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.... Read more »

1 Answer | Asked in Personal Injury for New York on
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

wants to prosecute him in criminal court?

Tim Akpinar
Tim Akpinar answered on Dec 2, 2018

Yes, they are separate proceedings.

Tim Akpinar

1 Answer | Asked in Products Liability, Civil Litigation and Personal Injury for New York on
Q: Do different types of product defects come with different amounts of damages you're able to recover?
Tim Akpinar
Tim Akpinar answered on Nov 10, 2018

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

2 Answers | Asked in Personal Injury, Products Liability and Small Claims for New York on
Q: Hi I'm looking for a lawyer that practice in food violation due to contamination of Mc'Donalds .

Night of 10/14/18 once we arrived home from Mc'Donalds my son put his drink in the refrigerator before bed he went to grab his drink by the time he was finishing his drink he was screamy due to somthing slimy on his tongue pulled it out his straw and it was a large worm. I contacted the franchise... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 28, 2018

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.

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2 Answers | Asked in Personal Injury and Products Liability for New York on
Q: Found something disgusting in my Tropicana drink
Peter N. Munsing
Peter N. Munsing answered on Oct 28, 2018

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.

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1 Answer | Asked in Employment Law, Personal Injury, Education Law and Employment Discrimination for New York on
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.

I’m afraid to be near him. Every time he’s in school, some one gets hurt. Usually me.

Peter N. Munsing
Peter N. Munsing answered on Oct 28, 2018

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...
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2 Answers | Asked in Civil Rights, Federal Crimes, Personal Injury and Wrongful Death for New York on
Q: can something be done about stopping criminals from evicting me from my house I am also disabled is this fair ?

This is about a real estate fraud case ,where a person who had 2 lawsuits against them 1 for fraud sold a building that was not solely theirs to a developer corp,who then used their attorneys to help the person who commited fraud to force a win that ended up hurting the victim of multiple crimes... Read more »

Derek John Soltis
Derek John Soltis answered on Oct 24, 2018

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.

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6 Answers | Asked in Bankruptcy and Personal Injury for New York on
Q: If someone has a personal judgement against them and they file for bankruptcy will that judgement be affected?

Years of court dates, depositions, and medical bills a judge awarded me a settlement . I went to the Town Clerk and Sherrifs Department, spent approximately $500 with the hopes that all the information I provided was correct. A few weeks later I find out that the person the judgement was against... Read more »

Karra Kingston
Karra Kingston answered on Oct 23, 2018

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... Read more »

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1 Answer | Asked in Personal Injury for New York on
Q: What should I do in this situation of personal injury case? I am the plaintiff and I am Pro Se

Hi, I have been involved in an accident and after filling the lawsuit I received a settlement offer from insurance company(I am OK with the offer and not looking for more). I signed the offer but I told that I have to sign the following before receiving the check:

“IT IS HEREBY... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 18, 2018

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...
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2 Answers | Asked in Personal Injury for New York on
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.

I feel humiliated. I am raising 2 special needs young adults. I am alone i have no one. Period. I took the time off work. Waited an entire month to have the procedure. The injury took place in May. I checked in, vital signs, undressed and waited for 4 hrs. When the anesthesiologist showed up.. She... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 18, 2018

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,...
Read more »

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1 Answer | Asked in Personal Injury for New York on
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?
Tim Akpinar
Tim Akpinar answered on Oct 13, 2018

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

1 Answer | Asked in Personal Injury for New York on
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
Peter N. Munsing
Peter N. Munsing answered on Oct 2, 2018

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.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Environmental for New York on
Q: To whom it may concern< I have lived in Scotia, NY for 36 years and would like to sue the village of Scotia.

I am now 64 years old and at the age of 58 was diagnosed with severe Osteoporosis (i was told i have the bones of an 80 year old. I have seen several specialists who have no idea why I should have such a severe case. I do not smoke and i rarely drink. However, Scotia does fluoridate its water... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 25, 2018

These types of cases could be complex, because of the level of scientific and medical expertise required. If you yourself are contemplating legal action, a consultation with an attorney could enable you to learn, at the very least, time tables, deadlines, statutes of limitations, and notices of... Read more »

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