New York Personal Injury Legal Questions

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303 legal [2, *]questions have been posted about personal injury by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include boating accidents, nursing home litigation, and automobile accidents. All topics and other states can be accessed in the dropdowns below.
New York Personal Injury Questions & Legal Answers - Page 8
Do you have any New York Personal Injury questions page 8 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 303 previously answered New York Personal Injury questions.

Recent Legal Answers

Should my boss be the one paying my medical bills?

Answered 11 years and 2 months ago by Robert Andrew Michael Burns (Unclaimed Profile)   |   15 Answers   |  Legal Topics: Personal Injury
Your boss's workers compensation insurance is required to take care of these bills and address any temporary disability. The owner of the biter might be liable in tort. Anything you signed is irrelevant as off point or unlawful.
Your boss's workers compensation insurance is required to take care of these bills and address any temporary disability. The owner of the biter... Read Answer

How much will I be compensated for a broken elbow and in pain that happened on the job?

Answered 11 years and 2 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You get 66% of your lost pay and you get your medical bills paid. If you have a permanent partial disability, you MIGHT get a 'schedule award" which is a formula based on your income, the percentage of loss of use, the body part and the amount you have been paid up till that point. If someone other than your employer was at fault, you can go after them. If this was in NY and it was on a construction site, you might be able to go after the project owner or general contractor, depending on exactly what happened.... Read Answer
You get 66% of your lost pay and you get your medical bills paid. If you have a permanent partial disability, you MIGHT get a 'schedule award" which... Read Answer

College athletic trainer diagnosed me with pulled hamstring and continued to let me play college lacrosse until I tore my ACL. Is this negligence?

Answered 11 years and 2 months ago by Dominique Alain Penson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
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It is difficult to answer your question without more information.  What can be said for now is that in order for a medical malpractice action to lie, there must be a doctor-patient relationship.  Whether you could sue the trainer for malpractice based upon the possibly erroneous diagnosis would depend on whether a doctor-patient relationship existed. If you're asking whether you could sue the tainer for allowing you to play with a pulled hamstring, the answer is probably not since the decision of whether to allow a player to play with an injury usually involves the exercise of judgment, which is not usually actionable.  In addition, under the law participants in athletic activities assume the ordinary risks of the given sport. College lacrosse is a physically demanding sport with many attendant risks.  It is likely that a court would find that a torn ACL is one of those risks. This is not legal advice.  No attorney-client relationship exists at present.... Read Answer
It is difficult to answer your question without more information.  What can be said for now is that in order for a medical malpractice action to... Read Answer
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I'm sorry to hear about your accident.  Whether you can sue depends on what caused your accident.  Was there something wrong with the painted cement staircase?  Also, who you can sue depends on more than is apparent from your post.  Was the restaurant locally operated by St. Lucia residents who are independent of RCC?  Did RCC have anything to do with your fall other than select the restaurant?  Assuming that there was something wrong with the staircase, if the owner(s) of the restaurant and staircase do not have a connection to NY, you would probably only be able to bring suit in St. Lucia, and your case probably would controlled by the laws of St. Lucia.  In order to sue RCC, you would need to show that it bore some legal responsibility for the accident.  This does not constitute legal advice.  If, however you would like to further discuss this matter, please feel free to contact us at www.baraschmcgarry.com.... Read Answer
I'm sorry to hear about your accident.  Whether you can sue depends on what caused your accident.  Was there something wrong with the... Read Answer

can i cash my child's settlement check that's issued to me him and bank

Answered 11 years and 2 months ago by Michael Alden Barasch (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
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No.  The money belongs to your infant child.
No.  The money belongs to your infant child.
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I'd be happy to discuss this with you.   For instance, you would need to file a Notice of Claim against the City of New York within 90 days.  If there was negligent supervision or a failure to take a precaution that is customary for the activity that your son was involved in, there may be a viable case.  But, be aware that there are strict time limitations within which to commence an action.  Please feel free to call me at 1-800-562-9190.... Read Answer
I'd be happy to discuss this with you.   For instance, you would need to file a Notice of Claim against the City of New York within 90... Read Answer

What can I do after getting an infection at a nail salon? How?

Answered 11 years and 2 months ago by Edwin K. Niles (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Personal Injury
Every claim or law suit has two basic elements: Liability (fault) and damages (how much). Many times a person may have a good claim but the damages are insufficient to interest a lawyer in taking your case. If the damages are modest you may wish to sue in Small Claims Court, where no lawyers are allowed and the damages are limited to $10,000.... Read Answer
Every claim or law suit has two basic elements: Liability (fault) and damages (how much). Many times a person may have a good claim but the damages... Read Answer

Could I file a case for false accusations by myself and where would I need to go?

Answered 11 years and 2 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Yes, you probably could sue them for slander (possibly libel as well), defamation of character, infliction of mental and emotional distress, possibly fraud, breach of contract, abuse of process, maybe one or two other causes of action I have not thought up. And you can subpoena witnesses and hold depostions, demand documents and so forth. You will spend two years, possibly more, doing this. Slim chance of finding a lawyer to take this on contingency (it's possible, but in my view unlikely) in which case you will be spending at least $10,000 in legal fees. If you don't get a lawyer, you will not be able to do an effective job. You can work your way through several of the items I mentioned above, but to really do it well, you need to have someone who knows the system, the procedures, the techniques, etc. You will have to re-live the experience, you will get mired in details. Then, after all that, if you finally win, can this guy pay you anything? Even if he can and does, will it be worth it?... Read Answer
Yes, you probably could sue them for slander (possibly libel as well), defamation of character, infliction of mental and emotional distress, possibly... Read Answer

Can he be arrested for leaving her there to die?

Answered 11 years and 2 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
I don't see that there was any crime committed.
I don't see that there was any crime committed.

I am being sued for an auto accident but I only had liability coverage, what should I do?

Answered 11 years and 2 months ago by Eric E Rothstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Turn this over to your insurance company. You are covered.
Turn this over to your insurance company. You are covered.

Could I go to small claims court?

Answered 11 years and 2 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Four thousand bucks for a sprained ankle? That's one heck of a sprain. I've filed lawsuits for less. Find a lawyer in your area who is willing to take this on.
Four thousand bucks for a sprained ankle? That's one heck of a sprain. I've filed lawsuits for less. Find a lawyer in your area who is willing to... Read Answer

What recourse do I have if my 9 year old was burned on his face by hot oil while we were eating at a restaurant?

Answered 11 years and 2 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Have you taken the child to a doctor? If not, then it can't be all that serious. If you have, then you should take the legal aspects of this matter just as seriously, and go see a lawyer.
Have you taken the child to a doctor? If not, then it can't be all that serious. If you have, then you should take the legal aspects of this matter... Read Answer

Can I still file an incident report if slip and fall happened two months ago?

Answered 11 years and 2 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
"File" a report with whom? You can inform the apartment management of the incident and they can process the information as they see fit. That does not mean you will get anything out of it, it just means that you will be giving them information.
"File" a report with whom? You can inform the apartment management of the incident and they can process the information as they see fit. That does... Read Answer

Is Worker's Compensation all I can get for a work related injury?

Answered 11 years and 2 months ago by Stuart C. Dimartini (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
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If someone other than your employer or co-employee was at fault for the accident, you can bring a third-party claim.
If someone other than your employer or co-employee was at fault for the accident, you can bring a third-party claim.

What can I do if a security guard has caused me bodily injury?

Answered 11 years and 2 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
You have sort of answered your own question when you ask "what can I do?" and say "looking for an attorney". Find a lawyer in your area who is willing to take on this case. Thhere are many means (particularly the internet) to find lawyers. Then call them up one by one and talk to them. The initial consultation is free. But, these cases can be very difficult, for a number of reasons, so don't be surprised if you have to talk to many before you find one who wants to take this on.... Read Answer
You have sort of answered your own question when you ask "what can I do?" and say "looking for an attorney". Find a lawyer in your area who is... Read Answer

What can I do if I receive an injury in a hit and run accident?

Answered 11 years and 2 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
The first thing you need to do is to find out why they haven't paid you. Maybe you can take an appeal. If you have a car, you might be able to put this back on your insurance. In NY, there is a back-up program called the Morot Vehicle Accident Indmnification Corporation, I don't know what state you live in, maybe they have something similar.... Read Answer
The first thing you need to do is to find out why they haven't paid you. Maybe you can take an appeal. If you have a car, you might be able to put... Read Answer

I'm 17, can I sue my parents for sending me to rehab and accusing me of drug use?

Answered 11 years and 2 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
I don't see a lawsuit as solving your situation, even if you could bring one, and I'm not sure that you can. There are more questions than we can deal with in this forum. If you are institutionalized against your will, you do have a right to a hearing.
I don't see a lawsuit as solving your situation, even if you could bring one, and I'm not sure that you can. There are more questions than we can... Read Answer

Will insurance deny my case since landlord didnโ€™t notify them that he is renting his home?

Answered 11 years and 3 months ago by Michael Alexander Yurasov-Lichtenberg (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
If you were living on the premises with the landlord's knowledge and permission, and paid rent - you were a tenant. If the landlord "forgot" to inform the insurance company about renting part of the house to a tenant, the insurer can refuse to cover the damages. It would make your case harder, but will not defeat it: you are seeking compensation from the landlord, regardless of his insurance coverage.... Read Answer
If you were living on the premises with the landlord's knowledge and permission, and paid rent - you were a tenant. If the landlord "forgot" to... Read Answer

What can she do if she filed for an order of protection over 2 weeks ago and it has not been served yet?

Answered 11 years and 3 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Is there another police agency she can go to, such as the Sheriff's Dept or the State Police? She could go back to the judge who issued the order to seek an alternate form of service of process, such as a private process server.
Is there another police agency she can go to, such as the Sheriff's Dept or the State Police? She could go back to the judge who issued the order to... Read Answer
You have answered you own question: fire him and press charges.
You have answered you own question: fire him and press charges.

Is there a law firm that can handle personal injury, labor, and discrimination law?

Answered 11 years and 3 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
I'm sure there is. Since you are on the 'net, enter those search terms and see what you find. There will be a lot of directories, and you can use them if you find them useful, or go directly to law firm websites, and when you see one that looks like a good fit, call them and talk to someone who can let you know if they are interested in all three.... Read Answer
I'm sure there is. Since you are on the 'net, enter those search terms and see what you find. There will be a lot of directories, and you can use... Read Answer

What is my son and or are we responsible to pay after driving someone elseโ€™s car?

Answered 11 years and 3 months ago by Eric E Rothstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
The owner and anyone the owner allows to drive are liable. Put your carrier on notice.
The owner and anyone the owner allows to drive are liable. Put your carrier on notice.

Can I sue a group home for an automobile accident?

Answered 11 years and 3 months ago by Stuart C. Dimartini (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
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You should obtain the police report if you have not already and consult with a personal injury lawyer as soon as possible.
You should obtain the police report if you have not already and consult with a personal injury lawyer as soon as possible.

Can I sue a group home for an automobile accident?

Answered 11 years and 3 months ago by Eric E Rothstein (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
If the driver was in scope of employment with the group home then the home is liable for the driver's negligence. However, you need to show you suffered a "serious injury" as defined by Insurance Law 5102(d).
If the driver was in scope of employment with the group home then the home is liable for the driver's negligence. However, you need to show you... Read Answer

Can hospital be sued for false imprisonment in hospital and assault?

Answered 11 years and 3 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
Possibly, but it would likely be hard to prove: there is a severe prejudice against people who have mental illness. Doctors and hospital administrators know how to protect themselves, They want to boil it down to: "Who are you going to believe, some crazy person, or the doctors who are trying to help him and protect others?" So it's an uphill battle.... Read Answer
Possibly, but it would likely be hard to prove: there is a severe prejudice against people who have mental illness. Doctors and hospital... Read Answer