Personal Injury Legal Questions

Something definitely smells fishy.  The Infant Compromise Order should have directed that the monies be deposited jointly with an officer of the bank, that no withdrawals would be permitted without a further order of the Court, and that once the child turned 18, the bank would turn over the proceeds without further order of the Court.  The mother / parent should not have been in possession of any of the settlement proceeds (without permission or the Court) or have been able to withhold any portion of the proceeds. You should call the attorney, ask to see a copy of the Infant Compromise Order and have him / her explain why the child's mother has been using the settlement proceeds for her own personal use (and presumably without permission of the Court). Hope this helps. Best, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read Answer

There may be entitled to fee incurred during the period he was practicing. The issue will be whether the reason for disbarrment or the lawyers handling of the case inititially is basis for squabbling over the fees. As a general rule, this will be addressed by the lawyer that got the case resolved. ... Read Answer

I live in Fox Chapel and find the incident you report shocking.  This is a matter that you should present to a lawyer experienced in personal injury litigation. In addition to a potential personal injury claim to recover damages as a consequence of the assault,  such a lawyer should also be willing and able to assist you in communicating your concerns to the school district.  the school bus driver should have found a safe place to stop and should have intervened. I cannot comment further without having further information concerning whether or not its essential that you see to it that this incident is reported. If you have not had a response to the voicemail you left the family should go to the school and make the report directly. This way you can be assured that they know about the event and can learn what steps they intend to take to protect your nephew from being bullied in the future. It's unclear from your question whether the school principal was provided with facts. You should call the school principal again and arrange a meeting with the principal to assure that the matter is dealt with.... Read Answer

First and foremost, this is a matter which you should discuss with a lawyer in your jurisdiction having experience in litigating personal injury claims. I can imagine no circumstance in which it would be all right for your granddaughter to be attacked by 2 dogs and then threatened by the owner. It makes a difference however whether your granddaughteris a minor or an adult. Other important facts included whether the attack occurred on public property on your property or on the owner's property. Most homeowners have insurance that may offer coverage. If the dogs were not Fenced or restrained by a leash or some other means, the owner of the property and the dogs may have legal liability. Even if your granddaughter did not suffer serious physical harm, the attack itself and the fear such an attack creates can be a sufficient basis for the recovery of damages. There are circumstances where a dog is provoked and has not previously demonstrated vicious propensities where depending on these or other circumstances, where it would be difficult to make out a claim against the owner. Facts are important in such circumstances. Without knowing the nature of the threat it's difficult to assess whether the threat provides a separate basis for a claim.  Good luck.... Read Answer

It depends.  Generally speaking, the statute of limitations for a personal injury action in New York is three (3) years from the date of incident.  If the responsible party is a municipality or public authority, etc., however, you are required to file a Notice of Claim within ninety (90) days of the date of incident and commence a lawsuit within one year and ninety (90) days from the date of incident. Best regards, Jonathan R. Ratchik Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662... Read Answer

Pursuant to CPLR § 5003-a, a defendant has twenty-one (21) days in which to make payment on a settlement from the date it receives the settlement papers.  Although everyone's case was presumably settled at the same time, the defendant may have received each plaintiff's settlement papers on different dates.  Also, some plaintiffs may have liens, e.g. Medicare, that need to be resolved before the proceeds can be released to the plaintiff.  Under such circumstances, the attorney would have to retain the settlement monies until the lien was resolved and/or finalized. Your best bet would be to call your attorney and find out the exact reason why you have not yet received your settlement proceeds.  If you can't get an acceptable answer over the phone, make an appointment to see him in person and explain the delay.   Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006... Read Answer

You passed a fake $20.00 - intentionally or not- thats a potential crime and you cannot try to use it again. If you you may find yourself being charged with Federal counterfeiting charges by the Secret Service. . There is no suing anyone in that situation - and the fact that you got it out of an ATM is of no consequence. You are simply out $20.00 now unless you can convince your bank to replace and take the old to give to the Secret Service. ... Read Answer

As a general rule in cases like this, the insurance will offer the policy limits of $250,000, which is all that they are liable for. You do have the option of going to trial and maybe get a judgement, say for $1,000,000. How will you get the $1,000,000? The Defendant probably doesn't have anything to satisfy the judgment or he might file bankruptcy. Additionally, you would have to go to South Africa to satisfy the judgment!... Read Answer

Yes - and your choie is to accept or fire the lawyer and hire one that will. Problem is the lawyer is looking out for BOTH of your interests. Why? The Janet Jackson Principle for one. After you gey say $5,000.00 advance - when the case settles and you woudl usually $15,000.00 in your pocket BUT have to pay all of that to the loan shark - clients then don't want to settle saying "but what have you done forme LATELY?" because they view it as "they didn't get anything" and THAT in and of itself creates a huge amount of trouble - often resulting in the lenders suing the client and then seeking legal fees added to the mix from the settlement. It ALSO sends a HUGE red flag to the other insurance carrier to get a notice of lien from a litigation lender, that your desperate and they can squeeze you for lower settlement. ... Read Answer

Yes you can retain counsel here in Florida because courts in this state have jurisdiction over cruise ship injury claims. Your passenger ticket will likely confirm that. It's unclear from your post whether the accident happened while aboard the ship. If it happened off the ship you still may have a claim you could bring here against the ship but your passenger ticket may need to be reviewed to ascertain jurisdiction. We can't solicit your case pursuant to ethics rules but you can reach out to one of us for contingency fee representation which means you don't pay anything unless you win. ... Read Answer

You could try filing an Order to Show Cause and request that the Court vacate your default in not responding on time and the resulting admission. Best, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read Answer