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New York Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Landlord - Tenant for New York on
Q: How do I go about sue my neighbor for endangering my son

My son was attacked on the stairwell of my babysitter home

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 18, 2023

So sorry to hear what happened to your son. I'm assuming your son was attacked by someone other than the babysitter. If that's the case, you'd need to demonstrate that the attack was foreseeable and could have been prevented with reasonable security measures. A sudden, unforeseen... View More

2 Answers | Asked in Family Law, Personal Injury and Education Law for New York on
Q: Preschool left my son unattended by a major road not holding his hand or watching him for about a minute and I seen it

Me and two other people witnessed my son 4 years old walking near a major road with his group and his hand wasn’t being held and wasn’t being watched for about a minute and he could’ve went into the street and got hit by a car or something could’ve happened etc

Tim Akpinar
Tim Akpinar
answered on Jul 12, 2023

I'm glad that your son is okay. As my colleague correctly says, the standard applied is one of actual harm, and not harm that could have been. And thank goodness no actual harm occurred. Hopefully, the school will take measures in supervising children outside the safety of the school grounds.... View More

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2 Answers | Asked in Family Law, Personal Injury and Education Law for New York on
Q: Preschool left my son unattended by a major road not holding his hand or watching him for about a minute and I seen it

Me and two other people witnessed my son 4 years old walking near a major road with his group and his hand wasn’t being held and wasn’t being watched for about a minute and he could’ve went into the street and got hit by a car or something could’ve happened etc

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 12, 2023

The civil justice system only provides a remedy for harm that has occurred, not harm that might have occurred. Fortunately, your son was not harmed. Speak with the principal and teacher at your son's school and tell them what you observed so that it does not happen again (either to your son... View More

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2 Answers | Asked in Criminal Law and Personal Injury for New York on
Q: My mother was assaulted by someone a few months back. She cursed at a driver who the pulled over and assaulted her

tonight I was walking home and the culprits have reappeared and parked the car in question down the street. Her wrist has been injured since she was shoved and pushed to the ground by the female drive who exclaimed : Who's the b**** now!!! hahah and drove off.

Being a new yorker... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2023

Your mother was subjected to a hit and run, sorry. Usually these cannot be pursued because the car and driver cannot be identified. You can file a "late" police report about the hit and run if you now have information about the vehicle and possibly the driver. They are subject to civil... View More

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2 Answers | Asked in Criminal Law and Personal Injury for New York on
Q: My mother was assaulted by someone a few months back. She cursed at a driver who the pulled over and assaulted her

tonight I was walking home and the culprits have reappeared and parked the car in question down the street. Her wrist has been injured since she was shoved and pushed to the ground by the female drive who exclaimed : Who's the b**** now!!! hahah and drove off.

Being a new yorker... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 12, 2023

Sorry to hear what happened to your mother. The act of pushing your mother was an intentional tort and had nothing to do with the operation of a motor vehicle. As such, insurance will not cover the the event. Best to report the matter to the police and let law them handle it. Your mother could... View More

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Q: I don't think this lawyer who represented me Signed as my Lawyer, is this a legal representation, to not be signed
Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 7, 2023

You can certainly have an attorney-client relationship without a written retainer agreement. The better practice, however, is to have a written retainer agreement which sets forth the duties and responsibilities of both the attorney and the client. That said, if you are unhappy with your current... View More

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2 Answers | Asked in Personal Injury and Workers' Compensation for New York on
Q: I want to know if I have a 3rd party breach of duty lawsuit after getting injured on the job by an unprotected fan axel

I have images that will help explain the story

Tim Akpinar
Tim Akpinar
answered on Jul 4, 2023

It's possible you could, but additional information would be needed for a more thorough evaluation. It could involve a theory of breach of duty, as you mention. It's possible it could also involve a theory of product liability, where you'd need to be able to show that the equipment... View More

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2 Answers | Asked in Personal Injury and Workers' Compensation for New York on
Q: I want to know if I have a 3rd party breach of duty lawsuit after getting injured on the job by an unprotected fan axel

I have images that will help explain the story

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 5, 2023

As you are probably aware, you cannot sue your employer for injuries sustained on the job - absent a grave injury, workers' compensation is your exclusive remedy. You could pursue a negligence action against the owner of the fan (if it's a different entity than your employer), or a... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: My dad died Aug 26,2022 due to a "simple surgery" the dr performing the surgery accidentally cut something else

without knowing. so the Dr sent him home. later that night he was in serve pain and the er left him waiting over 9 hours in the waiting room. My dad died very very painfully I have all the charts and records to show. My question is can I make this DR lose his license? He does not deserve to walk... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 28, 2023

I'm so sorry for your loss. Unless this physician has a history of harming his patients, it is unlikely that you will get this physician's license suspended. Here's a link I found online for filing such a complaint with the Georgia Composite Medical Board,... View More

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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: My dad died Aug 26,2022 due to a "simple surgery" the dr performing the surgery accidentally cut something else

without knowing. so the Dr sent him home. later that night he was in serve pain and the er left him waiting over 9 hours in the waiting room. My dad died very very painfully I have all the charts and records to show. My question is can I make this DR lose his license? He does not deserve to walk... View More

Laurence Michael Deutsch
Laurence Michael Deutsch
answered on Jul 21, 2023

First, I'm very sorry for your loss.

As presented, this has the appearance of malpractice not only by the surgeon, but also by the hospital.

There are times when cutting the wrong thing can be defended as a "risk of procedure" but for a post operative patient...
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3 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: My dad died Aug 26,2022 due to a "simple surgery" the dr performing the surgery accidentally cut something else

without knowing. so the Dr sent him home. later that night he was in serve pain and the er left him waiting over 9 hours in the waiting room. My dad died very very painfully I have all the charts and records to show. My question is can I make this DR lose his license? He does not deserve to walk... View More

Joel Gary Selik
Joel Gary Selik
answered on Jun 27, 2023

There may be a civil case and a complaint to the medical board. But before you do anything, Consult with experienced medical malpractice attorneys in the state where this occurred.

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another...
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1 Answer | Asked in Personal Injury and Products Liability for New York on
Q: I ordered a drug reagent kit to test substances & it had no warnings, labels, etc and now I have 2nd sulfuric acid burns

So I ordered a drug reagent kit, it is used just for personal use to test drugs for illicit substances & other bad things that shouldn't be in there. There was no warning labels, there was instructions, but there was no dominant warning (small line), and no ingredient list whatsoever.... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 19, 2023

Sorry to hear what happened to you. Unless you've a significant, permanent injury, the time and expense of a products liability lawsuit against the manufacturer / distributor of this reagent product would not be justified. In the future, probably best to avoid products sold over the web that... View More

3 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: Is it reasonable for a lawyer to write a letter to a hospital requesting payment for surgeon etc, after an patient fell?

The 80 year old has Lewy Body Dementia. I can add several pages of details if need be.

I am the Health Care Proxy for the woman in question

Tim Akpinar
Tim Akpinar
answered on Jun 11, 2023

A lawyer could write such a letter, which could hold true for any given case. But law firms will typically want to review the accident details and patient file closely to analyze the cause of the fall and to determine whether measures on the part of the hospital to prevent such a fall were... View More

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3 Answers | Asked in Personal Injury and Medical Malpractice for New York on
Q: Is it reasonable for a lawyer to write a letter to a hospital requesting payment for surgeon etc, after an patient fell?

The 80 year old has Lewy Body Dementia. I can add several pages of details if need be.

I am the Health Care Proxy for the woman in question

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 12, 2023

Requesting payment for what reason? As my colleagues correctly advised, it is certainly reasonable (and to be expected) that an attorney will request, in writing, the complete medical chart that relates to a potential client. There is simply no other way to evaluate the merits of a case.... View More

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for New York on
Q: Can I press charges and sue?

Hi I was assaulted by a security guard at a music venue/ bar on May 28,2023. She and a group of people pulled me out to the street then they held me down while she stomped on my face and arms. She took over restraining me then repeatedly punched me for ten minutes in my face. Cops came and I was... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jun 8, 2023

Sorry to hear what happened to you. Whether you have a viable claim against the assailant's employer will depend on whether his actions and use of force were within the scope of his employment. If not, you will need to demonstrate that the music venue / bar had knowledge of his bad disposition... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: Attorneys familiar with the medical field

How can I go to my local hospital with no insurance (except emergency Medicaid) and get the treatment I need. How can I convince the doctors that I have a c.s.f. leak (cerebrospinal fluid)and for them to give me an E.B.P. (epidural blood patch)It is a life threatening emergency because after that... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 17, 2023

Sorry to hear what you're going through. Generally speaking, you cannot present to an emergency room (or for that matter any medical facility) and force them to treat your own self-diagnosis. Based upon your clinical presentation and medical history, a physician will reach his or her own... View More

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2 Answers | Asked in Personal Injury, Civil Rights and Medical Malpractice for New York on
Q: Transgender was lift up and trew against the floor by a worker on the shelter she was living at send to presbiterian

They put her to sleep did not give her any treatment,her shoulder is out of place and she is a lot of pain ,she need help

Tim Akpinar
Tim Akpinar
answered on May 16, 2023

Addendum - If this matter involves any public agencies or entities, it would be advisable to seek guidance without further delay. Public agencies or entities could involve short notice of claim requirements (in other words, very short deadlines to initiate claims) - seek the guidance of an attorney... View More

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I was hit in my vehicle on the way to where I worked in 1992.A 18 wheeler trucker went threw a red light and was injure

With the surgery and winning judgement against trucker I was to have full medical for my jaw injury. For life.Yes it was 31 years ago and I have been in need for more surgery but I dint have my lawyers name then or how to collect fir my surgery . If U dint remember lawyers name ir trucking company... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on May 4, 2023

If you actually prevailed in your lawsuit and obtained a judgment against the defendant trucking company, a copy of the judgment should be on file with the clerk's office of the county in which your lawsuit was brought. Given how old the case is, it is likely in archives and would need to be... View More

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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I was hit in my vehicle on the way to where I worked in 1992.A 18 wheeler trucker went threw a red light and was injure

With the surgery and winning judgement against trucker I was to have full medical for my jaw injury. For life.Yes it was 31 years ago and I have been in need for more surgery but I dint have my lawyers name then or how to collect fir my surgery . If U dint remember lawyers name ir trucking company... View More

Tim Akpinar
Tim Akpinar
answered on May 4, 2023

You could check with the court where the case was handled. You could also check department of motor vehicle records for accident reports, which from your description, would have passed the threshold to file a report of motor vehicle accident. You indicate MORE surgery. If you have any leads to the... View More

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4 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: I had breast lifting 2020 and today I had mammogram and they found doctor left clip inside my breast. What I should do?

The surgery was in Miami

Tim Akpinar
Tim Akpinar
answered on Apr 27, 2023

In terms of your question of what you should do, that is an individual decision. Maybe the best way to answer the question is to reach out to attorneys to discuss. Free initial consults are typical in the industry for such cases. My colleagues have raised good points in terms of the extent of harm... View More

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