New York Personal Injury Legal Questions

Sorry to hear your lawyer is not as responsive as you'd like him or her to be.  Whether you should find a new lawyer is really a personal decision.  You may want to schedule an in-person meeting (or Zoom meeting) with your lawyer and get specific answers as to what's been going on with your case, e.g. have depositions been held, is the case on the trial calendar, have there been any settlement discussions, etc.  If you do not get satisfactory answers you can find a new attorney using the Find a Lawyer tab on the Lawyers.com homepage. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read More

So sorry to hear what happened to you.  It really depends on why the hotel door slammed on your finger.  Was there something wrong with the door?  Or did your finger get slammed by a door that was in good condition in every respect?  If the former, then you might have a case, depending on the nature of the dangerous condition and whether the hotel had "notice" of this condition, i.e. it either knew about the condition and did not repair it, or the condition existed for a long enough period of time before your accident to have permitted the hotel to discover it and repair it.   Best regards,   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read More

You could but it's probably not necessary.  In most settlements involving a minor the Infant Compromise Order (which the judge signs to approve the settlement) does not include a provision for contingent beneficiaries.  Under New York Estate Powers & Trust Law § 4-1.1(a)(4), if a child dies without a Will, the infant's propery (such as the settlement proceeds) goes to the surviving parents.  Best to confirm with your child's attorney.   Best regards,   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read More

So sorry to hear what happened to you.  Addiction is a terrible ordeal to go through.  I'm not aware of any class action lawsuits against Purdue Pharma due to the addictive qualities of Fioricet.  You could have a malpractice lawsuit against your prescribing physician for prescribing the incorrect dosage and/or for not warning you of the risks associated with taking the medication on a long-term basis.  You can find an experienced malpractice attorney using the Find a Lawyer tab on the Lawyers.com homepage.  You'll need copies of your medical records so that the lawyer can have them reviewed. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read More

So sorry to hear about your broken tooth.  Whether your dentist committed malpractice all depends on whether damaging a tooth during a routine cleaning falls below the standard of care or whether it's a risk (albeit an uncommon one) of the procedure.  Unfortunately, given the expense associated with even bringing a malpractice lawsuit, that might not really be a viable option for you.  Your best bet may be to speak with your dentist, explain to him what happened, and see if he will accept responsibility and perhaps fit you with a new tooth (or at least refer you to an orthodontist).  Given the cost of dental treatment, ask if he'll cover (or maybe split) the cost of getting a new tooth.   Hope this helps.   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY 10006 (212) 226-6662 www.kdrpilawyers.com... Read More

If your former lawyer is offering to defend you, then you're already doing what's necessary to protect yourself.  From what you've described, it sounds like the Court has ordered your to appear for a deposition, likely by means of a Court order, not a subpoena.  That you already appeared for a deposition does not mean that you cannot be compelled to appear for another deposition.  I would not worry too much about being sued individually - since you were working for Company A at the time of the incident, Company A is ultimately responsible for your actions and its insurance policy will cover you. Hope this helps,   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 www.kdrpilawyers.com... Read More

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 More

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 More

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 More

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 More

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 More

You should be able to perform a search for a personal injury lawyer on the Lawyers.com website. Keep in mind that you have to file a Notice of Claim against the City of New York within ninety (90) days of the incident before you can file a lawsuit.   Best,   Jonathan R. Ratchik Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 ... Read More

So sorry to hear what happened to your daughter.  Schools have a duty to provide adequate supervision of the students in their custody.  Whether the school would be responsible for what happened to your daughter depends on a lot of factors, such as whether the assault was foreseeable, whether it should have anticipated that this other student would attack your daughter and whether closer supervision would have prevented it.  Keep in mind that before you can file a lawsuit against the school you must file a notice of claim against the school / municipality within 90 days of the occurrence.  If this is something you intend to pursue you should contact an experienced personal injury attorney immediately.   Best regards,   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662... Read More

If you are the guardian of your sister then yes, you could bring a lawsuit against the group home on her behalf.  You should contact an experienced personal injury attorney as there are strict deadlines as to how much time you have in which to bring any such lawsuit.   Best regards,   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662... Read More

Unless you've sustained a "grave injury", you may not bring a third-party action against your employer.  Your sole recovery is limited to workers' compensation benefits.   Best regards,   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662... Read More

You might.  You'd really need to speak with a solicitor in London to answer that question as English Law will apply.  Clearly shower doors are not supposed to explode on their own.   Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662... Read More

You may.  Although it may or may not make sense to bring a lawsuit depending on the nature of the STD.  Here's an article from nolo.com which gives a pretty good discussion of the subject. https://www.nolo.com/legal-encyclopedia/sexually-transmitted-diseases-stds-lawsuits.html   Best regards,   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662... Read More

You may not.  In New York, a parent may not be held legally responsible for the acts (intentional and/or negligent) of their child.   Best regards,   Jonathan R. Ratchik Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662... Read More

Probably not.  Statute of Limitations in New York for personal injury cases is generally three (3) years from the date the cause of action accrued.  Although New York also has a "date of discovery" rule for exposure cases, such cases must be commenced from the date of discovery of the injury or from the date when the injury should have been discovered through the exercise of reasonable diligence, whichever is earlier.  Although you received a letter stating that the building was safe with no contaminants, you were arguably put on notice as far back as 2012 / 2013 that you had been exposed to mold (which started the proverbial clock).  Moreover, New York's courts have been pretty hostile towards mold cases with the State's highest court dismissing a mold case several years ago.... Read More

Medicaid has a right to recover benefits it paid on your behalf and which are related to medical treatment you received for your injury.  And because Medicaid has a statutory lien, it could seek to recover the money from your lawyer if he released the settlement proceeds to you without paying Medicaid first.  That said, two (2) years does sound like a long time, even for Medicaid.  You might want to schedule a meeting with your lawyer to discuss the amount of Medicaid's lien and what efforts, if any, he's made to resolve it.  There should be a contact person at HRA / Social Services with whom he can speak.  If not, he could bring an Order to Show Cause to have the Court resolve the issue. That usually getst their attention.... Read More

Assuming your attorney is still alive and practicing law, your best best would be to report him or her to the Disciplinary Committee.  https://www.nycourts.gov/courts/ad1/Committees&Programs/DDC/index.shtml  As for suing your attorney, I believe the Statute of Limitations has long since expired for any such claim.... Read More