New York Personal Injury Legal Questions

First of all, it is way, way too soon to make that kind of a decision: you state that you don't know why the air bag did not deploy. That's the first thing that needs to be determined. There are a lot of variables such as speed, crush damage, point of impact, angle of force etc. Next, it would have to be determined that there was a defect in the design or manufacture that caused the failure to deploy.This is very expensive, your lawyer will need to hire expert witnesses and expend hundreds of hours of work over several years to take this case on. Car companies don't settle, they have mega-bucks to pay their lawyers and they won't hesitate to spend $50,000 to defend a $25,000 case. So unless you have a skull fracture or ended up in a wheelchair or something like that, you can forget going up against the car company. But if the other driver caused the accident, that might be a possible course to pursue.... Read Answer

It may not be too late. In NY, if the Statute of Limitations has run while the individual is still a minor, then that person has one year past the age of majority to bring an action. There would be a lot of evidenciary problems proving standard of care, breach, causation and damages. So even if it is not too late, there still would be lot of difficulty proving the case.... Read Answer

Subject to the time limiations and other issues lawyers worry about, generally speaking, yes, you may sue the driver of the SUV if the facts are clear - and here your note is sketchy - the driver, and not you, were negligent. If you have lost pay time at work and medicals plus pain and suffering, yes you can sue.... Read Answer

Thank you for a very interesting question. I have not had occasion to research that issue, but my "gut" reaction is that, if the hospital attempts to pursue the claim against the estate, that would be a good defense. The hospital cannot pursue its claim against the deceased patient's survivors. If there is insurance or medicare/medicaid coverage, let them deal with it.... Read Answer

First, there is a big statute of limitations problem. You don't state your age when adopted, but it was a long time ago. Possibly, you could toll the statute by reason of the fact that you did not know of their error until recently, but I'd not be optimistic about that. Then, there is the issue of governmental immunity. There are a number of errors and omissions that a governmental agency can get away with that you or I can't. Then there is the matter of causation, that the error on the part of DSS led to your many difficulties. Evne if successful on all these, your life would be in a fishbowl for years: they'd get every record, every document that had anything to do with you for your entire life, and they'd stop at nothing to discredit you. Meanwhile, you'd have to re-live all the inequities you describe.... Read Answer

In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the doctor, there is no malpractice, even if the doctor made the wrong call. You will need to get copies of ALL of your medical records and have a surgeon review them; if he/she is willing to testify that your previous doctor(s) failed to conform to accepted practice, then you have a case.... Read Answer

Yes, the comp carrier will should be obligated to pay the bill because the expense arose out of a complication of your underlying condition. They will of course fight it, so you will have to bring the matter back before the WCB judge and you will need a lawyer if you want anybody to listen to you.... Read Answer

Get an authorization from your father for release of medical records and get copies of all his records right away. Immediately report this to the state agency that regulates hospitals. Also, demand a full investigation from the hospital administration. Be polite but persistent, don't make accusations or threats to sue. Be patient also, these things take time, but they do take them seriously.... Read Answer

I don't think there is any requirement for them to fill out an accident report. It's a good idea, it's probably company policy, it may be required by their insurance company, and it's what we would expect them to do. Still, it's paperwork that is done by the corporation for it's own purposes, it's not something done for the benefit of the customer. As for calling an ambulance, from what I can tell they did call when your father asked them to. Until then, they had no way of knowing, would your mother just get up on her own, or would your father take care of the situation or whether an ambulance would be needed. Overall, this is a strange situation: I should think that the store would want the situation addressed immediately, not wait the length of time you describe with an injured, distraught customer in the store. You are right about their claim that there was no manager: stores have lots of mangagers, assistant managers, department managers, etc. Finally, it seems there is some mishigas regarding certain issues: your father was arguing about a "wet floor' sign when he should have been seeing to his injured wife; she was worried about not being able to work for a couple of days and wanted to start the paperwork on that even before she got up off the floor. Ask the store management if any of this was caught on their security cameras, that ought to put some worry on them.... Read Answer

Yes, you do have a case: a worker's compensation case. You can't get anything for pain and suffering, but if you end up with a permanent partial disability you may be entitled to a schedule award. Also: check into whether there might be some other party at fault, such as a repair company or janitorial service, you could go after them.... Read Answer

Well, technically it can be said that you made a left-hand turn in front of an oncoming vehicle. The officer is correct that the following vehicle can manuver around the preceeding vehicle that is stopped waiting for traffic to clear. This is not the same as driving on the shoulder to make a right-hand turn. Unfortunately, you had very little opportunity to observe or anticipate the SUV's actions. By all means, hire a lawyer to fight the ticket. As for a lawsuit, that's going to be 50/50 at best, and the insurance company is going to fight it tooth and nail, so again, without a lawyer, you're going nowhere.... Read Answer

The attorney is required to have a two-party check issued and put in the escrow account. So, you're not the one putting the check into his escrow account, he is. Similarly, he can't hold back some of my money for a bill that you owe, but he can hold back some of your money for a bill that you owe. As for the doctor's lien, I don't know why there would be a lien if the bill was paid by insurance. And as you can see, the answer to the last question is "yes".... Read Answer

There are many nuances to your question. Did your employer have you evaluated by a company retained doctor? Do the notes from your doctor indicate you can return to full activities? Have your injuries been made worse by the return to full duty? These are questions which need to be answered so a decision can be made regarding your need for a work comp attorney.... Read Answer

A lot of "it depends" involved in this question, and this is why your daughter should personally speak with an attorney in her area. Does she know who improperly removed the weights? Did the accident happen at her place of work? How does she know that the weights dropped due to improper removal? Free weights, or an apparatus? Was she using the weights, or was it someone else? If it was someone else, was that person also an employee of LA Fitness?... Read Answer

In NYS motorcycles do not have no fault insurance which would have paid your medical bills. Your only alternative if you do not have private medical insurance is to sue the other bike operator forv your pain amd suffering and medical expenses.  Call me to set up appointment  James Newman 718 823 3122... Read Answer

First of all, you may have a statute of limitations problem: in NY, the limit is 30 months, but that can be extended if the same dentist is continuously treating you for the same condition. Secondly, you "believe this is due to the crown being fitted incorrectly". You may be correct, but to prove it, you need to hire an expert witness and we're talking 5G just to find out if there is anything to go on. Finally, even if there was malpractice, the likely range of recovery might be such that it would not be cost-effective to go forward regardless of the probability of success.... Read Answer