New York Personal Injury Legal Questions

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305 legal 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
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Recent Legal Answers

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

Answered 10 years and 11 months ago by Michael Alden Barasch (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
No.  The money belongs to your infant child.
No.  The money belongs to your infant child.
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 More
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 More

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

Answered 11 years 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 More
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 More

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

Answered 11 years 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 More
Yes, you probably could sue them for slander (possibly libel as well), defamation of character, infliction of mental and emotional distress, possibly... Read More

Can he be arrested for leaving her there to die?

Answered 11 years 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 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 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 More

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 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 More

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

Answered 11 years 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 More

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

Answered 11 years ago by Stuart C. Dimartini (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
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 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 More
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 More

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

Answered 11 years 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 More
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 More

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

Answered 11 years 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 More

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

Answered 11 years 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 More
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 More

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 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 More
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 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 More
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 More

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

Answered 11 years 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 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 More

Can I sue a group home for an automobile accident?

Answered 11 years ago by Stuart C. Dimartini (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
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 hospital be sued for false imprisonment in hospital and assault?

Answered 11 years 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 More
Possibly, but it would likely be hard to prove: there is a severe prejudice against people who have mental illness. Doctors and hospital... Read More

Can I sue the sandwich store for racism harassment if he gives points to everybody except me?

Answered 11 years ago by Andrew Tyler Velonis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
What would you sue for? Points? If this is part of a franchise, report him to corporate. They'll send you coupons and take a firm hand with the franchisee.
What would you sue for? Points? If this is part of a franchise, report him to corporate. They'll send you coupons and take a firm hand with the... Read More

If a minor drives and gets into an accident, can the minor's parents be sued?

Answered 11 years and a month ago by Eric E Rothstein (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
The owner of the car is liable for the negligence of the driver if the driver has the owner's permission to drive the car. Age of the driver is irrelevant.
The owner of the car is liable for the negligence of the driver if the driver has the owner's permission to drive the car. Age of the driver is... Read More

Can I sue my dentist for malpractice because his work on my teeth wasn't satisfactory?

Answered 11 years and a month ago by Andrew Tyler Velonis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Personal Injury
In order to pursue such a claim, you need to be able to prove that the dentist failed to conform to accepted practice. To do that, you need to hire another dentist to review all the records and commit to an opinion to that effect. That can run a couple of thousand just for starters. Then, if he has the opinion that the dentist did commit malpractice, you have to prove your case in court. The jury might believe your expert, or his. Could go either way. This will take several years and thousands of dollars.... Read More
In order to pursue such a claim, you need to be able to prove that the dentist failed to conform to accepted practice. To do that, you need to hire... Read More

I slipped and fell in the bathroom of a suite I stayed in, can I sue?

Answered 11 years and 2 months ago by Andrew Tyler Velonis (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Personal Injury
The short answer is "yes". In my opinion, a plumbing back-up does not occur for no reason, so something must have been wrong with it. Unless it was some weird, unexpected, sudden occurrence, they should have known about it and taken control of the situation. Their failure to do so should render them liable. Of course, such a case could take on any unexpected direction, good or bad. One possible issue, though: was this suite part of a casino owned by an Indian Nation? If so, you are subject to their jurisdiction and their rules and remedies, if any.... Read More
The short answer is "yes". In my opinion, a plumbing back-up does not occur for no reason, so something must have been wrong with it. Unless it was... Read More