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2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: in April of 2022 I went to the ER for a hurting neck. they didnt take exrays or even look at my neck they gave me pain

meds and sent me on my way about a month later through horrible pain I find out i have a broken neck. Do i have a case for the pain and suffering for the time in between I went in to the time i had sugery

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Jul 9, 2024

Sorry to hear what you went through. In any malpractice case, you need to demonstrate 1) a departure from the standard of care; and 2) harm or injury caused by the departure. Even assuming that the hospital departed from the standard of care in not ordering x-rays of your neck, you'd still... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for New York on
Q: in April of 2022 I went to the ER for a hurting neck. they didnt take exrays or even look at my neck they gave me pain

meds and sent me on my way about a month later through horrible pain I find out i have a broken neck. Do i have a case for the pain and suffering for the time in between I went in to the time i had sugery

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

I'm very sorry for your injury and the ordeal it has caused you. Yes, it's possible you might have a case - but attorneys would probably want to review the matter in further detail before advising definitively. It could depend on the symptoms you presented with, statements you made during... View More

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1 Answer | Asked in Consumer Law for New York on
Q: If pay a perium of $783 on a value of $40,000 on a commercial vehicle Sleeper tractor and value of $16,000 on a trl

Should i you I get paid of that value I was paying for that amount the insurance claim is only paying $20,000 for the truck & $6686 for the trailer for the loss of my equipment.

Tim Akpinar
Tim Akpinar
answered on Jul 9, 2024

It could depend on the terms of the policy, whether you have an ACV (actual cash value) policy, (RCV) replacement cost value policy, or other arrangement. Review the paperwork that accompanies the proposed payment figures, including whether there are options for appeal, litigation, or arbitration -... View More

2 Answers | Asked in Civil Litigation, Civil Rights, Federal Crimes and Military Law for New York on
Q: What Is REMOT NEUROLOGICAL MONTIER LEGAL ACTION NY ?

I have been harassed and tortured me and my wife by my previous neighbor and I know his name as well

John Michael Frick
John Michael Frick
answered on Jul 8, 2024

There have been a small number of lawsuits filed by litigants alleging "remote neurological monitoring" which have been universally dismissed on various grounds. In many cases, litigants are unable to prove that they are a victim of "remote neurological monitoring" or that... View More

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1 Answer | Asked in Collections for New York on
Q: I keep getting phone calls from what appears to be a deb collection service. What would be the best course of action?

It started about 3 weeks ago. They call once a day every day except weekends and holidays. I've been noting the phone numbers since it's almost always a different number, but most begin with 800. I looked up the numbers online and it indicates the same company. Further research gives... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 8, 2024

You should not answer these calls. Instead you should note the times and dates of the prior calls, and the numbers (this can usually be downloaded on your phone bill) and have an attorney prepare a cease and desist letter. If collection attempts continue after that, you may have a claim for money... View More

1 Answer | Asked in Landlord - Tenant for New York on
Q: If my rent was cashed month of lease termination June 10 2024 and rent accepted july 1 July 25 holdover is it dismis

Rent cashed by property management July 1

Saw my case 1st day July 25

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 8, 2024

If the landlord accepted a rent check after serving you a notice of termination, the case probably must be dismissed. However I cannot determine what is actually going on without reviewing the documents in your case. You also can be defeated through procedural defects in your motion to dismiss. Be... View More

1 Answer | Asked in Contracts and Employment Law for New York on
Q: I work as an employee for a small tutoring company. I am looking to resign and have questions about the contract.

My current contract is for a tutor as an employee. In my current contract, these are the only two provisions related to client payment and referrals:

Tutor agrees to accept no direct payment from clients (current and past) introduced by (company name) . All payments from clients will be... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 8, 2024

At the threshold, interpretation of contracts and their associated non-compete clauses requires a detailed analysis of the document, focusing on its language, its intended purposes, and its compliance with background law and public policy. It is really not possible to advise on the effect of a... View More

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for New York on
Q: Can I be arrested by local cops if an altercation happened on Indian owned land?

Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More

James L. Arrasmith
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answered on Jul 21, 2024

Yes, you can be arrested by local law enforcement even if an altercation happens on Native American owned land. Tribal land has a unique legal status, and the jurisdiction can be complex, involving tribal, federal, and sometimes state laws. However, local law enforcement often has agreements with... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for New York on
Q: Can I be arrested by local cops if an altercation happened on Indian owned land?

Feb 24th I went to the Native American owned gas station. Got gas. Went to a regular store to get cigarettes and my card was declined because the Indian gas station put a hold on my card. I went back to the gas station asked why they put a hold on my card and they said it was my bank not them. But... View More

Aubrey Claudius Galloway
Aubrey Claudius Galloway pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 8, 2024

My initial answer is that local police do not have the power (lack of jurisdiction) to arrest you for this, but there are complexities in the law. Here is my attempt to explain them.

The ability of local police to arrest someone for an alleged crime like assault that occurred on Native...
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1 Answer | Asked in Traffic Tickets for New York on
Q: Is there a way I can get my tickets reduced?

What should I do if I got 2 tickets, one being “speed not reasonable and prudent” but the speed was not listed on the ticket, and the other “moved from lane unsafely”. I double yellowed a car going a little below the speed limit and just as I did, a cop was a little ahead and saw me do... View More

Aubrey Claudius Galloway
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answered on Jul 8, 2024

If there is a way to plead not guilty online then I would do that and click on “request a hearing”. Many jurisdictions will simply give you an offer at that point and you can resolve the ticket for less. If not, go to the hearing and explain yourself (often times they have a court clerk to... View More

2 Answers | Asked in Collections for New York on
Q: Am I financially responsible for a late charge on a medical bill if the doctor keeps sending it to the wrong address?

I told them my mailing address, but somehow it got misspelled. The PO doesn't recognize it, so can't deliver. By the time I realized this, I was placed in collection.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 8, 2024

There are many court rules, statutes and procedural safeguards that apply to protect patients in medical collections. But if you are not familiar with them, it’s unlikely you will beat a medical provider represented by experienced counsel. Regarding the wrong address, that is an issue that should... View More

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2 Answers | Asked in Collections for New York on
Q: Am I financially responsible for a late charge on a medical bill if the doctor keeps sending it to the wrong address?

I told them my mailing address, but somehow it got misspelled. The PO doesn't recognize it, so can't deliver. By the time I realized this, I was placed in collection.

Tim Akpinar
Tim Akpinar
answered on Jul 7, 2024

A collection attorney could advise best, but you posted last week. It could depend on what "somehow got misspelled" means. If it means you gave clear written instructions with your address properly spelled, then you're in the right. If you and the office are blaming one another for... View More

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2 Answers | Asked in Immigration Law for New York on
Q: Please advise if it could help or not to apply for an extension of stay, what chance do I have to get a new tourist visa

Hello. I came to U.S. on a tourist visa. I was allowed to stay legally in U.S. for 6 months. I quit a job that I had regarding my birth country while I was in U.S. I had a marriage license in U.S. during a part towards the end of those 6 months and about one month and some days during overstay. We... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 7, 2024

A US Citizen can sponsor an immigrant after marriage for his green card despite your overstay, provided you entered the US with permission which you did. If you are an overstay and don’t get married and then exit the US, you may be subject to a 3 or 10 year bar depending on the length of your... View More

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2 Answers | Asked in Immigration Law for New York on
Q: I am a U.S. citizen. If I marry someone outside the U.S.A., how can I bring her to the U.S.A? I am a man.
Stephen Arnold Black
Stephen Arnold Black
answered on Jul 7, 2024

If you marry a US Citizen outside the US, you can return to the US and file a spousal petition where your wife would process at the US Consulate in her country. The process involves filing multiple forms and documents and processing speed could last anywhere from 6 months to 18 months.

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2 Answers | Asked in Landlord - Tenant for New York on
Q: Signed a one year lease as a start to rent2buy situation. Landlord now won't let me move on or give back my deposit

Gave first year rent as down payment. Now wants 50k and when refused won't let me move in or give back down payment till he sells the house.

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 8, 2024

You may have a case against this landlord for fraud and/or unjust enrichment. You will need a detailed analysis of the agreements you signed as well as your communications with landlord to evaluate your legal rights.

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1 Answer | Asked in DUI / DWI, Gov & Administrative Law, Employment Law and Admiralty / Maritime for New York on
Q: Appealing Coast Guard decision

Hello, I was taking contaminated gummies and failed pre employment drug test. Please advise, I completed class and evaluation, Coast Guard took my credentials without any notifications.8

Tim Akpinar
Tim Akpinar
answered on Jul 6, 2024

It might be difficult to get guidance on this here - it's a narrow niche, even within the realm of maritime practitioners - most of whom don't work in this sector. There are some attorneys who handle Coast Guard credentialing and licensing issues involving Administrative Law Judges. You... View More

1 Answer | Asked in Traffic Tickets for New York on
Q: Are traffic citations considered bills of Attainder?

My friend was wondering if traffic tickets are considered bills of attainder. And if not what the difference between a ticket and a bill of attainder actually is

Tim Akpinar
Tim Akpinar
answered on Jul 4, 2024

A traffic ticket defense attorney could have more insight into your question, but it remains open for three weeks. Until you are able to consult with a traffic ticket attorney, I'm not aware of a connection. Bills of attainder, which are banned by the U.S. Constitution (Art. I - "No Bill... View More

1 Answer | Asked in Family Law, Immigration Law and Tax Law for New York on
Q: My father want to become netrilize citizen of U.S and he didnt pay tax of 2 years will it effect on his case.

Hi i am abroad of U.S my father is in new york city he wants me to go there now he wants to file 130 petition and also he is a green card holder and also wants to applay for citizenship ( want to neutralize) but he didnt give tax for 2 or 3 year( because of some reasons) will this effect on his... View More

James L. Arrasmith
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answered on Jul 2, 2024

To address this situation, there are a few key points to consider:

1. Tax obligations:

Not filing taxes for 2-3 years could potentially affect your father's naturalization application. When applying for citizenship, USCIS (U.S. Citizenship and Immigration Services) looks at...
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1 Answer | Asked in Immigration Law for New York on
Q: If im a visitor with a U.S Visa and i commit an offense of shopliftiing which is in violation of N.J.S. 2C:20-11B(2)

My fingerprint was taken at the police station and i have a court date set to appear virtually. Should i get a lawyer?

Will this affect me traveling to the united states inthr future after paying fines or community services?

James L. Arrasmith
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answered on Jul 2, 2024

I understand you're asking about the potential consequences of a shoplifting offense as a visitor to the U.S. on a visa. This is a serious situation that could have significant immigration implications. Here's some general guidance:

1. Legal representation: Yes, you should...
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2 Answers | Asked in Juvenile Law and Family Law for New York on
Q: I have an issue with a forensic evaluator, they screamed at me and refused to work with me, and showed bias on camera

They stole evidence from me and informed about a situation that was untrue, while laughing at serious issues pertaining to my son. This was all under recording. He lied to the courts to try and save himself after his numerous calls to me after screaming at me trying to “rectify” the situation.... View More

Tim Akpinar
Tim Akpinar
answered on Jun 30, 2024

I'm sorry for your ordeal. This might be something that a family law attorney should advise on, but you await a response for a week. Since you describe a setting involving custody, "Family Law" could be a more relevant category than "Medical Malpractice," the category you... View More

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