New York Personal Injury Legal Questions

A lawsuit is started by filing a complaint in the court. In this case, it should be in the Supreme Court (the amount of damages is too large for the lower courts). The complaint can be filed in the county where your damaged property is located or in the county where the contractor maintains his office. Technically, you can prepare and file a complaint yourself but, from experience, it is not likely to be a good idea. Do yourself a favor: find an attorney to have your case done right from the outset. A bit of advice: you have 3 years to start the case; however, you should not sit and watch your damages grow. If you do nothing to correct the situation, the court will not order that contractor to pay for the consequences of his breach of contract. You will have to show that you have taken reasonable steps to mitigate (limit) your damages. You likely should hire another contractor to repair the property and make the apartments rentable. But don't take my guess for guidance - tell an attorney everything about your case and ask him/her what you have to do with the property under the circumstances.... Read Answer

There is no clear cut answer to your question.  Most surgeries have risks and doctors are trained to explain them to you.  No surgery guarantees sucess and there are always risks associated with surgeries.  Unless it was an emergency procedure, I'm sure that you had a pre-surgery physical exam which cleared you for the surgery. it doesn't sound like you have a claim.   Michael Barasch Barasch & McGarry 212-385-8000 ... Read Answer

Most courts will allow you to withdraw money from your son's settlement for education and medical purposes.  You'll need to ask your attorney (the one who settled your son's personal injury case)  to make a motion to the court. Michael Barasch Barasch & Mcgarry 212-385-8000... Read Answer

It depends. What kind of office? Did the assault occur in the office? Was the assailant working at the time? Was the contact between you and the assailant in any way related to the business you had with the office? To your knowledge, was is the first time this employee assaulted anyone? At the time of the assault, was the assailant's supervisor aware of what was happening? Was is reasonable to expect that the management would prevent the assault? And so on... The best is to talk to an attorney and give him/her all the details.... Read Answer

Your son should talk to an attorney. One needs to consider many factors to determine the exact way to deal with this situation: the governing documents of the fund, the size of the client's investment, etc. But in any case, there should be a way to either persuade the investor to stop the abuse or to insulate your son from the abuser - without too much damage to the fund. Oh, and please, do not ever say that your son takes anti-psychotic drugs: first, it is likely incorrect (people do not take anti-psychotic drugs unless they absolutely have to do it because of a serious mental illness; the drugs that help to deal with stress or depression are not anti-psychotic drugs), and second, if any of your son's clients or bosses hear you say this, your son's job will be in jeopardy (because a person who needs anti-psychotic medications has no business running an investment fund, and a mere allegation that your son needs them can be enough to ruin his reputation). You have to take care of what you say when there is a disgruntled investor in the picture, especially when that investor happens to be a lawyer.... Read Answer

Hi. This is Barry Salzman, a partner at Barasch McGarry Salzman & Penson. I'm sorry to hear about your girlfriend's mom. There are really 2 issues here. One is whether there is a viable personal injury/wrongful death claim and the other is whether your girlfriend and/or her family has any recourse with the government's decision to drop the charges against offending driver. I can try to address both but need additional information. I invite you to contact me at 212 385-8000 or email me at barry@personalinjuryjustice.com.... Read Answer

To establish a prima facie case for defamation, you must prove: 1. Defamatory language 2. The language must be "of or concerning" yourself. 3. Publication of the dematory language. 4. Damages to your reputation.   Slander is spoken defamation.   If you have any more questions feel free to contact us.... Read Answer

Under new York law, you may not sue your employer but you are entitled to make a workers compensation claim.  You might have a viable claim agasint the owner of the building where you slipped, but you would have to prove that they had prior notice of the slippery subtance before you feel (or that they created the dangerous condition).  Feel free to call me at 212-385-8000. Mike Barasch  ... Read Answer

I'm happy to help, but I need you to answer some questions.  I assume that this happend in New York State.  Did your employer own the building or was it someone else?  If it was your employer, then you may not sue your employer.  If a non-employer owned your building, then you may have a viable law suit.  However, if it was a municiplaity htat owned the building, bear in mind that you have 90 days to file a notice of claim.  If it's a private entity, you have 3 years to commence a lawsuit.   Have you been diagnosed with an illness?  If so, what?  Did you make a workers comp claim?   Please feel free to call me if you want to discuss in this in person. Mike barasch 1-212-385-8000... Read Answer

if your Personal injjry case settled 5 years ago, it is hard to believe that your lawyer hasn't gotten the money (unless they forgot about it).  I suggest that you report this to the local bar association and ask them to investigate.  That will get your lawyer's attention!   Mike Barasch... Read Answer