New York Personal Injury Legal Questions

Probably not. If it was actually raining when she fell, unless there was some other special condition (e.g. stairs were covered by a canopy with a hole in it that caused the slippery condition) the MTA can't be held liable. Also, the MTA must be served with a notice of claim within 90 days of the accident, so whether it was 2 or 3 months would make a big difference if you didn't have the issue that it was raining when she fell. ... Read More

You probably do have a case for negligent supervision and premises liability/failure to maintain and repair, but you need to act fast. There is a 90 day limit that runs from the day of the accident to serve the school district with a notice of claim. If you don't do that, no matter how good the case is, it will be barred by the statute of limitations. ... Read More

The school should have called you and also an ambulance. Whether the school's actions exacerbated your son's injury is impossible to say without reviewing his medical records, but you definitely have an action against the school for your son'g injury. Keep in mind that you have 90 days to file a notice of claim against the school district or the action will be barred by the statute of limitations. ... Read More

You probably can't sue the city- but you can sue the owner of the property directly in front of the sidewalk, because they are responsible for maintenance of the sidewalk. The city can no longer be sued for sidewalk slip and fall accidents unless they created the damage to the sidewalk with construction, etc.  The dent has to reach the threshold of an actual sidewalk defect, and you have to be able to explain how you tripped on the dent- looking back at it and saying "that must be what I fell on" doesn't cut it. ... Read More

Generally, abandoning a client while the case is in a court cannot be done without a judge's permission. But, if the client does not abide by the terms of his agreement with the attorney - does not follow attorney's instructions, does not produce requested documents, does not show up for depositions and hearings, does not pay attorney's invoices for legal fees, etc. - a permission to withdraw is usually granted. Under the same circumstances, attorney usually can withdraw from the case before the first court appearance on the case without asking for the judge's permission. The client then has the option of asking the judge to adjourn the hearing to another date so the client might get another attorney. So, technically, your attorney did not violate professional ethics if - he had a reason to withdraw, - your trial was not yet in progress, and - he did not keep the money you paid him in advance for the work he ended up not doing. If he is now suing you for the fees, he will have to prove to the court that - you retained him to do a certain professional work; - he has done for you the work that was proper and necessary on your case, and in accordance with the terms of your retainer agreement; - that the fees he now demands are reasonable and the ones you agreed to pay and - he demanded payment and did not receive it. You will have to defend yourself. I cannot tell you how exactly you should do that because your defenses depend on the facts and circumstances of your case. But one thing is quite certain: the mere fact that your attorney had withdrawn from representing you is not enough to win this dispute, you will need more facts and arguments. No matter how much you might hate this, you likely have to hire another attorney to defend you.... Read More

Small Claims Court does not charge much for opening a case, and you do not need an attorney to present your case to the court. Whether it is worth your time is your decision. You can ask for damages that include a) all the money you paid to the defendant b) all the money you spent on materials c) the difference between the original contract price and the amount you ended up paying to have satisfactory counters d) all other losses you can prove (for example, the wages lost due to the need to be home at request of the defendant) Remember that Small Claims Court cannot award you more than $5000.... Read More

The District Attorney will decide what charges to bring against your neighbor: it can be as little as petit larceny, or go all the way to include forgery, fraud, and federal charges (because the check was stolen from the mail). Then the court will decide what penalties to impose, depending on the charges, the facts of the case (including the defendant's circumstances and criminal history), and the sentencing guidelines.... Read More

Your medical information is strictly confidential and protected from disclosure by a number of laws, including a federal act that imposes huge penalties for violating a patient's privacy even if there are no adverse consequences to the patient. If dissemination of your protected information caused you harm, the doctor's office and the worker who leaked the information, personally, can be held liable for all your damages, financial and emotional. If your first concern is to stop dissemination of your private information (and if you believe it isn't too late for that, yet), write a letter to the doctor (if it is an office shared by several physicians, to your doctor and to the office manager) stating the facts and asking to take whatever steps might be necessary to correct the situation. Do your best to be calm, polite, and factual. Doctors and health care administrators are well aware of their liability for safeguarding your information; so you do not need to tell them you will sue. Tell them that there is a problem, and ask them nicely to take care of it. Often, this approach works. Yelling and threatening only causes the medics to circle the wagons. Mark the letters "Personal and Confidential" and send them by certified mail. If you do not see any real chance to contain the damaging information, get an attorney: if you are heading to court, go there fast. Among other forms of relief, the court can give you a restraining order against the doctor's office and the "joker" who is having fun at your expense.... Read More

As a rule, an employer must pay for any work for hire. It does not matter if the employment lasted only minutes: the employer must pay the agreed-upon wages. So you father can go to court and file a complaint. If he can prove that he was hired and started working, the court will order the company to pay up to 300% of what it owes your father.... Read More

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 More

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 More

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 More