New York Personal Injury Legal Questions

I would be happy to answer any questions you have concerning your pending lawsuit.  Please call my office at 212 385 8000.  My name is Sara Director and I am one of the lawyers here. Thanks, Sara Director, Esq. Barasch McGarry Salzman & Penson 11 Park Place Suite 1801 New York, NY 10007 212 385 8000... Read Answer

This is the kind of question that gets non-lawyers annoyed at lawyers. It seems so simple, yet we make it so complicated. If the neighbor knew or should have known that the tree might fall, then he is responsible. If there were overhanging branches that the damaged neighbor could have removed and that's what caused the tree to fall in that direction, then he is responsible. If it was a violent storm that knocked the tree over, then no one is "responsible" but the damaged party has to deal with his own loss. Finally, if it just happened to fall without warning, perhaps it coulld be argued either way, but I'd say it's the tree owner who is responsible, after all, it's his tree.... Read Answer

On the facts as you described them, yes, you do have a case. Even though it is difficult for you to deal with it now, and even through the law gives you 30 months to start the lawsuit, don't leave it for later, do your best to start it as soon as you can: the more time will pass, the more difficult it will be to collect all the evidence you will need, the details will fade in your memory and in the memory of witnesses, personnel of that ER might change jobs or even move out of the state altogether, etc. The bottom line: if you want to sue, do it now.... Read Answer

That sounds right to me: the occurrence fits the description. The next question is, are there exemptions, exclusions or limitations that would apply? If this is your situation, I would recommend putting in your claim, then if they disclaim they have to do so in writing, explaining the reasons. and then you would be in a position to determine whether the reasons are subject to dispute.... Read Answer

You could sue for damages but I don't think that there was any fraud, recklessness, or intentional misconduct. The rain likely drove out the ants which likely needed to have been exterminated at an earlier time. I think that you can collect for emotional distress for private nuisance. That is a bargaining chip.... Read Answer

You answered your own question: He is waiting in jail for the other state to come get him, so yes, that is what is going to happen. As for how long, he should ask his lawyer, since it's a criminal charge he either has a retained attorney or an assigned one. You sure you want to be involved in a relationship with a guy who gets charged with some of crime which lands him in parole, then goes to another state (did he have permission to do this?) and then gets charged with strangulation? You should give this some careful thought.... Read Answer

There might be some avenue you can pursue, but it's going to be a tough slog: Did the seller's broker make any representations to you? Did you ask your broker about finding out about the well and the septic? Were there any written disclosures? Did you have an inspection? Did the bank have anyone check out the property? Did you bring up any of these questions with your lawyer?... Read Answer

Frankly, you have a tough case.  Without proof of what caused your injury, it would be impossible to prove that the theater created a dangerous condition.  Moreover, you will be accused of comparative negligence for running in the dark.  Finally, while I'm delighted that you didn't sustain a fracture, dislocation or any soft tissue injury that requires surgery, it wouldn't pay to litigate this matter for years without a serious and permanent injury.   Michael Barasch... Read Answer

You'd probably be suing the elevator company, or perhaps the building owner, or maybe an elevator repair company if that is the situation. You will have to prove what happened, and that you were injured. Were emergency responders called to the scene? Did you report the incident when it happened? What were your injuries? What medical attention have you received? Will your dr be willing to testify that your injuries are due to this occurrence? As you can see, this would not be an easy case, and in any event, this is no job for amateurs.... Read Answer

You will be entitled for damages for your pain and suffering, for your medical expenses, and for your loss of wages, assuming the accident was caused by the negligence of a driver other than you. The statute of limitations for person injury cases in Wisconsin is three years from the date of injury.... Read Answer

Yes. The key thing is that she has not yet filed the Complaint, so if she decides to no longer represent you, there is no "predjudice", no actual harm to your case. There is an attorney-client relationship as between you, but the matter is not yet before any court, so if she closes her file, it's just between the two of you.... Read Answer

I don't believe that you have a case.  had the wire been in the dog food, you would have a case against the company that made the dog food.  But, in this case, you had control of the wire and left it within reach of your dog.  under the law, it's not the restaurant's fault.   Sorry I can't be more helpful   Michael Barasch  ... Read Answer

Unfortunately, you are in a situation in which, although the liability is very clear (or so it would seem) the difficulty in pursuing the case would outweigh any potential recovery. No matter that it seems so simple, that 2 teeth were supposed to be taken out and they took out 4, you have to address standards of care, expert witness testimony, etc. These cases do not settle out of court, so there would be pleadings, filing fees, affidavits, discovery proceedings, depostions, motions, conferences, on and on. There would be thousands of dollars in expenses and hundreds of hours of work involved. For two teeth that probably would have had to have been taken out sooner or later anyway.... Read Answer

Yes, provided that you can prove that he knew or should have known about the defect that caused the injury and had an opportunity to fix it before your injury, but failed to do so. Also, depending on exactly what happened, a portion of the responsiblity may be assessed against you. In other words, it could be found that you were 20% or 40% or "X"% responsible for your own injuries.... Read Answer