New York Personal Injury Legal Questions

Although I appreciate your mother wanting to seek some remedy, I don't see one in the facts presented: She could try to pursue a worker's comp claim, but she'd have to prove that allowing him to drive in his condition is what caused his death. That's going to be a tough sell if the doctor is saying that he had the illnesses long before the trip began. Also, your step-father must have known that he had some health issues even if he did not know the full extent of it, yet he chose to take the job on and he did not get further treatment.... Read More

First of all, bruising is a very common "complication" or side-effect of IV. Second, if it is a collapsed vein, you would have to prove that it was due to a failure to follow accepted medical standards of care, and that requires an expert witness, which leads to the third and final point: it would be so expensive to bring such a case, that even if you did win, you'd end up spending far more than you would ever recover.... Read More

I won't say it's impossible, but I don't think it's a strong claim. Here's why: oddly enough, x-rays aren't always definiitve, and they can be hard to read. It may be that there is a high percentage of cavities that are caught, but that a few are missed no matter what. Possibly, you could find a dentist who would be willing to say that your son's dentist failed to conform to accepted practice and that would be the foundation of a dental matpractice case. Then you have to deal with issues of causation and damages. These kinds of cases are always difficult, time-consuming and expensive, so it is possible that even if there was malpractice, proving it would be cost-prohibitive.... Read More

Obviously, you need to find a new job. But, to succeed, you need to look exactly like you are not looking for a new job. Put in extra hours, or bring work home if you can without asking for overtime. Volunteer for additional projects. Kill them with kindness. Treat your boss as if he's the most wonderful guy you could ever hope to work for. Buy something for your office like a new coffee pot or dust-buster or something. Show up early with donuts for everyone. And, of course, perform your work with alacrity and all the skill you can muster. Convince everyone that this is the place you love to work. Meanwhile, you are looking for another job: get a PO Box, a second e-mail address that you only access with your personal laptop off-site. Save personal days, sick days, vacation days for interviews, etc. NEVER use an office phone to contact a potential new employer, only use your personal cell phone, and again, not at your employer's place of business. This will probably take some time; months perhaps, maybe a year or more. But meanwhile, take heart in the fact that you are taking control of the situation. Then when you get that new job, walk out of the old and into the new. If you are thinking of suing the boss or filing a complaint with the labor dept, forget it. You could do those things and win, but it won't be worth it. Living well is the best revenge. Good luck.... Read More

You can't sue someone for rudeness and as far as breach of contract is concerned, you have not paid, so you are even. Let him sue you, then counter-claim. When they give you a court date, serve him with a subpoena so that he has to show up instead of simply sending an office manager. Then when you are in court, have your say. You may lose, but you will have made him pay for treating you the way he did.... Read More

As to what will happen, no one can say. But as to what might happen: if the child's mother retains a lawyer, that lawyer will probably start by sending you a "letter of representation" and you should get your own lawyer at that point, who will respond with a letter in kind. There are three issues, all of which are on your side: first, they have to prove that the dog was viscious, and from what you say, it was anything but. Next, they have to prove damages and you indicate that the injury, if any, was very minor. Third, they'd have to collect, and since you don't have insurance and have only a limited income, it does not appear that it would be profitable to pursue you. But do get a lawyer if you get such a letter, it might cost you a few hundred, but that's better than facing the prospect of thousands if the situation goes on. Finally: get renter's insurance, I can't tell you how many people I've talked to who have had serious legal and financial problems because they failed to do so.... Read More

First of all, since you are still a minor, you would have to have someone bring a suit on your behalf. Next, while $300 seems a lot to you, as a practical matter, it is not worth pursuing. Finally, it is likely that your mother could come up with some sort of excuse or explanation that she did spend it on you, so there's no telling whether you would succeed.... Read More

It's not really your choice, it's hers. Here's the reason: the law recognizes that with a married couple, when one is harmed, both are affected. The spouse who is affected indirectly has what is called a "derrivative" cause of action, as it derrives from the main party's cause of action. So, it isn't a "legal obligation" on your part, it's a right that she has as her own. Your wife can claim that she was adversely affected by the malpractice committed upon you. Of course, she will have to prove the extent to which she was affected. There are all sorts of permutations, so I can't go into all the possible scenarios here. Talk it over with your lawyer, if there is a possible conflict of interest, she might have to get her own lawyer.... Read More

I'd say it's between the dealer and the supplier. The dealer knew what he was supposed to get, the supplier knew what he was supposed to supply. The supplier did not supply the right part, so that's his responsibility. The dealer did not check to see that it was correct. You were relying on them to do it right, and they failed to do so.... Read More

I don't think suing them is going to get you anywhere any faster. I do have recommendations, but first let me give you some info: After a release is signed, the Plaintiff lawyers send it and other documents to the Defendant's lawyers. Then the Defendant's lawyers turn it over to their client's insurance company (or the client, if that is the situation) and then they have 21 days to produce the check. When they do, they have to send written notice to you that the check has been sent to your lawyers. Then you and your lawyers sign the check and then they deposit it into their escrow account, and then yes, some lawyers will wait a full three weeks before releasing the funds. So, it can legitimately take two months. With that in mind, here's what you do: write up a "time-line", a list of everything it happened with the date, starting on the date you signed the release. Be as complete and precise as you can. Find out everything you can about the liens being paid, etc, you can call the lienors and ask when they got the money. When you have all that, call the local Office of Court Administration Grievance Committee and ask them to look into it. They will want all the info, and there will be paperwork, but go ahead with that. They will look into it, and the lawyers at the firm will definitely take it seriously. In fact, I'd expect that one phone call from the Grievance Committee and you will get your check the next day.... Read More

Unfortunately, dental injury is one of the possible outcomes of general anesthesia. If you had delayed the surgery, would that have made the tooth injury less likely? Was there some form of protection they could have used knowing that you had recently had this procedure? Finally, med-mal cases are very expensive and time-consuming, so it may be cost-prohibitive to take on the case regardless of liability issues. Consult an experienced medical malpractice lawyer in your area, consultations are free.... Read More

Assessment of damages in a personal injury case requires detailed analysis of liability, the injuries, and the effect of those injuries upon the individual. This analysis includes application of legal principles, evidentiary factors, medical documentation, out of pocket expenses, calculation of future losses and experience in your jurisdiction as to likely range of prospective jury awards. To answer the question properly, one would need extensive examination of all the evidence, particularly the medical records. I typically spend about 4 - 6 hours reviewing a file once it is complete in order to determine my settlement position. You don't even mention what the injuries are; you don't say what his employment was, what his income was, or whether he will be able to work in the future. Even your location makes a difference. You do mention that he has a lawyer. Your friend either trusts his lawyer to make the proper evaluation, or he does not. If he does, then he should go with that. If he does not, then he should get another lawyer.... Read More

In order to prove a medical malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. Expert testimony from a physician is required. It could be that the consequence you describe is one of the inherent risks in such a surgery; in other words, suppose that out of a thousand such surgeries, 25 of the patients end up the way you did, no matter how careful the dr was. You might just happen to be one of the 25. Or, it could be that the dr did do something wrong, such as inserting a probe too far or doing something too fast or failing to take some standard precaution, but that's why you would need an expert to review all the records and give you a report. This will run several thousand dollars.... Read More

You sort of answered your own question, though you are making an assumption in doing so: you refer to "the person/business responsible" for the injury. If there is a party who is responsible for the injury, then that party ultimately must pay (and might have insurance to cover that liability) but first it has to be proven that the party is in fact responsible, and that question brings up a whole raft of issues. Meanwhile, the injured party has had medical treatment which needs to be paid for. If that person has insurance coverage, then the insurance company is obligated to pay according to the terms of the policy. Depending on the circumstances and the jurisdiction, the insurance company may have an opportunity to get its money back from the "responsible" party. Also, some businesses have what is called a medical payments provision in a general comprehensive liability insurance policy, called "med pay" for short. Under that provision, the property owner's insurance company will pay the medical bills of a person injured on the insured's property (up to a certain limit), whether the property owner is legally liable or not. But that coverage is not required. (If you are talking about a car crash, that's no-fault and that's a whole different ball game) If the injured party has no insurance and the property owner does not have med-pay, then the injured party is obligated to pay, and if there is any recovery from the "responsible" party, then those proceeds can be used to cover the medical bills or reimburse the injured party for the loss.... Read More

I don't know what you think you mean by an attorney "assigned" to your case. For a slip and fall case, a client hires an attorney. It is the client who decides whether to drop the case. If your lawyer determined that your case was not worth pursuing, there probably was a reason. If the statute of limitations has not run, you can represent yourself, but I doubt that a person in your position would be successful.... Read More

It sounds to me like you are doing everything you can. Stick with it; keep a diary if you are not doing so already, of every call you have, the phone number, the name of the person you talk to, the date and a brief summary of what was said. That will assist you in your continuing follow-up. Be polite and patient, but also persistent. Good luck.... Read More

I understand: The attorney "high pressured" you, urging you to sign off. You did so reluctantly and now think better of it. Here's the view from the other side: this was the best offer your lawyer felt you were going to get, given the circumstances of the case. Had it gone forward, the defendant might have withdrawn the offer and then you would face the prospect of possibly getting more at trial, or maybe less, or maybe nothing. Meanwhile there would be the certainty of trial costs, etc. I have had clients who have been unrealistic, even unreasonable in their expectations, I have no idea if that description applies to you, or if your lawyer thinks it does. I don't know what state you are in, but in NY and some others, settlements involving minors must be approved by a judge, which affords the added protection of an impartial view. At any rate, if you have signed settlement documents, then it is too late to do anything. If not, then have your lawyer explain to you again why he/she recommends accepting the deal. Then listen, please listen.... Read More

One year, though the police and prosecutors dislike on-again-off-again complaints and it is their call. He could just go ahead and file a no-fault claim on your insurance if he wants to get his bills paid. It may be too late for that, but if the insurance company disclaims due to his delay, that's on him.... Read More

She was not injured, so there is no case. But as one parent to another, I'm a little perplexed over your concerns: you react (some might say "over-react") very quickly to the prospect that she might have swallowed a staple, yet you allow her to drink a beverage that is known to be harmful. I'm going to try to post a link here, but in case LawQA does not allow it, I dare you to run an internet search on "The Amazing Statistics and Dangers of Soda Pop".... Read More