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New York Personal Injury Questions & Answers
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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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

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 27, 2023

Leaving a medical instrument within a patient's body can certainly constitute malpractice IF the instrument was supposed to have been removed following the operation. Surgical clips, however, are routinely used to control bleeding and are purposefully left in place for that reason (and because... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: How are psychiatric malpractice cases handled?

When a psychiatrist uses the wrong judgement in prescribing medication

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

Psychiatric cases are handled like any other malpractice lawsuit. The plaintiff must demonstrate a departure from the accepted standard of psychiatric care; and that the departure from care was a substantial factor in causing an injury. An error in judgment is a valid defense to any malpractice... View More

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4 Answers | Asked in Immigration Law, Personal Injury and Workers' Compensation for New York on
Q: Hello, I'm a journalist working on the undocumented workers, victims of work accidents. Can you help me with lawyers?

Would like to find an attorney that could talk in camera about the situation of undocumented workers injured in the working place.

James L. Arrasmith
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answered on Apr 12, 2023

One way to find an attorney who may be able to speak to this issue is to research law firms or legal organizations that specialize in immigration law, workers' compensation law, or labor law. Many of these firms may have attorneys who are knowledgeable about the challenges that undocumented... View More

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2 Answers | Asked in Personal Injury for New York on
Q: A lawyer secretary called his the client and said they had a doctor's appointment the next day and to see their medical

No transportation they want her to use her Medicaid and to see her regular doctor and I never heard that before a lawyer gets the insurance doctor and gets the transportation she fell in restaurant

Tim Akpinar
Tim Akpinar
answered on Apr 5, 2023

Insurance doctors may be involved on some types of cases (no-fault or workers' comp). For general injuries such as slip and fall cases, the claimant may use their regular insurance and health care providers within that network. Keep in mind that at the conclusion of a case, the insurance... View More

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2 Answers | Asked in Personal Injury for New York on
Q: A lawyer secretary called his the client and said they had a doctor's appointment the next day and to see their medical

No transportation they want her to use her Medicaid and to see her regular doctor and I never heard that before a lawyer gets the insurance doctor and gets the transportation she fell in restaurant

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Apr 6, 2023

Your question is unclear. Oftentimes, personal injury attorneys will arrange to have their clients evaluated by a physician for an "independent" evaluation, separate and apart from an evaluation for purposes of treatment. Likewise, in a personal injury lawsuit, the defendant is entitled... View More

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1 Answer | Asked in Criminal Law and Personal Injury for New York on
Q: How to do I go after someone for not telling me they have an STD?

I’ve read it’s illegal for someone to have herpes and not disclose that before getting intimate. I only ever found out because he is carrying around a bottle of the pills and I confronted him. How do I pursue charges for this?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 30, 2023

If you wish to press criminal charges against the individual (having intercourse while you are knowingly infected is a misdemeanor), you would have to report the matter to the police and see if they are willing to pursue. With regard to pursuing a civil lawsuit against the individual, if the... View More

1 Answer | Asked in Personal Injury, Gov & Administrative Law and Municipal Law for New York on
Q: How difficult is suing the City for property damages sustained by the FDNY after they couldn’t close a fire hydrant?

FDNY broke a hydrant after putting out a fire. The streets were flooded, Catch Basins and Sewers were clogged and there was no where for water to drain but into our all our basements causing extensive damage. Comptrollers Office just rejected our claims. Three property owners filed claims with the... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 27, 2023

Sorry to hear what happened to your property. Before you can formally sue a municipality such as the City of New York for negligence, you must first file a Notice of Claim within 90 days of the occurrence. Once you've filed a Notice of Claim (a prerequisite to any lawsuit), you have 1 year... View More

2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I still believe in my heart my car accident settlement doesn’t reflect the pain and suffering I went thru.

I was in car accident on 2021 at 100% NOT my fault. Other driver is already in prison. My injuries were severe. I had broken ankle broken femur bone hip and 3 broken ribs on left side of my body. It took me more than year to heal. I still have problem with lifting heavy objects and standing for... View More

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

If you do not think the settlement amount adequately compensates you for your pain and suffering, you should reject the settlement offer.

In a serious injury like yours, sometimes it is useful to stage a mock summary jury trial or two to see what a disinterested group reflective of a jury...
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2 Answers | Asked in Car Accidents and Personal Injury for New York on
Q: I still believe in my heart my car accident settlement doesn’t reflect the pain and suffering I went thru.

I was in car accident on 2021 at 100% NOT my fault. Other driver is already in prison. My injuries were severe. I had broken ankle broken femur bone hip and 3 broken ribs on left side of my body. It took me more than year to heal. I still have problem with lifting heavy objects and standing for... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 23, 2023

Sorry to hear what you went through. The "value" of any case is determined by a number of factors, including liability (who's at fault), damages (the nature and extent of your injuries) and oftentimes insurance coverage (both from the defendant's insurance and potentially your... View More

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1 Answer | Asked in Consumer Law, Employment Law, Personal Injury and Products Liability for New York on
Q: The IEEE has an intense engineering and technology standards making organization and processes to be followed.

To what extent should licensed Professional Engineers and Certified Technologists serve in Responsible Charge of standards development to protect the public?

Tim Akpinar
Tim Akpinar
answered on Mar 22, 2023

Those standards are there to protect the public. Professional Engineers are usually well qualified to develop standards due to their experience in real world settings. At the same time, there are also other highly qualified technical professionals who are well suited to develop standards, without... View More

1 Answer | Asked in Estate Planning, Personal Injury, Medical Malpractice and Probate for New York on
Q: Help Please, Is it normal for trustee to force me to sign documents such like auto loan, mortgage loan and etc?

I had a medical malpractice settlement money when i was a minor. My mother didn't tell me about my settlement money until i found out by a family member at 30-year-old. From what i understand is that my mother created a trust bank account when i was a minor and she is a trustee of that... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 22, 2023

If you had a medical malpractice lawsuit as a minor, the Court would have had to approve any settlement and would have issued an Infant Compromise Order. The Infant Compromise Order would have directed the settlement proceeds to be deposited in a bank account held jointly by an officer of the bank... View More

2 Answers | Asked in Personal Injury and Animal / Dog Law for New York on
Q: My mother was attacked by her neighbor's dog she wasn't bitten but sustained a fractured wrist when she fell backwards.

What legal action can I take on her behalf?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 20, 2023

Sorry to hear what happened to your mother. Whether your mom might have a viable case will depend on whether the dog's actions were foreseeable such that they could have been prevented. In New York, dog owners are strictly liable for harm caused by their dogs if they knew or should have... View More

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1 Answer | Asked in Personal Injury for New York on
Q: I’ve received online order with a alarm needle in it which caused injury. What I can do?

I ordered toddler clothes on Zara com. Which contained alarm needle. When I tried to pull the pant up on my daughter it sketched her and then sticked in to my finger. I texted zara and they refused to call, because I live outside of USA and they are asking USA number to contact. What I can do about... View More

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

Sorry to hear what happened to your daughter. If you're worried that the needle was contaminated, take your daughter to a doctor and have her evaluated. With regard to Zara, you can try emailing their corporate headquarters and try to resolve the matter via email. Absent a more significant... View More

3 Answers | Asked in Personal Injury for New York on
Q: NY, workplace parking lot slip on ice. Severe ankle injury requiring surgery. Slip/Fall attorney? Workman comp? or both?

Slip caused 2 breaks, 1 fracture & dislocated ankle requiring 1 plate & multiple screws, 3 month recovery minimum. Workman comp issues are piling up - in home care, physical therapy, transportation to doctor etc. There are also many long-term personal losses and costs to my wife and I. So,... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 9, 2023

Sorry to hear what happened to you. If you fall took place while you were on the job, you should definitely start by speaking a workers' compensation attorney. Workers' compensation will pay for your time out of work and medical expenses. As to whether you might have a viable... View More

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3 Answers | Asked in Admiralty / Maritime and Personal Injury for New York on
Q: If i got hurt on a cruise ship as a passenger is there anyway i could get back my money i had to pay for the jones act.

I have medical records from doctor telling me that i should go home and to not continual to stay on cruise. Fell in room.

James L. Arrasmith
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answered on Mar 5, 2023

The Jones Act is a federal law that provides certain protections to seamen who are injured while working on vessels, including cruise ships. However, it does not provide any direct compensation to passengers who are injured on a cruise ship.

If you were injured on a cruise ship as a...
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3 Answers | Asked in Admiralty / Maritime and Personal Injury for New York on
Q: If i get hurt on a cruise ship as a passenger should i have to pay the jones act fee???. I fell and i have doctor report
Tim Akpinar
Tim Akpinar
answered on Mar 3, 2023

I'm sorry about your accident. The Jones Act applies to crew members of vessels sailing under the U.S. flag. Passengers have different routes for pursuing claims. If you reached out to attorneys who handle cruise ship accidents, they should be able to advise what your next steps should be, if... View More

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