Personal Injury Legal Questions

So sorry to hear that your dining experienced was ruined.  Alhough you could technically sue the restaurant for serving you contaminated food and without minimizing what you went through, I'm not sure the time and expense would be worthwhile absent a serious, permanent injury.  Your best course (and an arguably easier course) may be to simply seek reimbursed for your meal and the cost of your urgent care visit.   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

Ms. Crooks, so sorry to hear what happened to your mother.  In New York, owners of real property have a legal duty to maintain their premises in a reasonably safe condition.  Additionally, according to the City of Orlean's Code, owners are required to maintain the sidewalk in front of their premises in good repair.   Your mother should speak with an experienced personal injury attorney to investigate this matter and protect her rights.  The owner of the sidwalk on which she fell may be responsible for her injury including, if you are able to prove so medically, her mini-strokes.  In the meantime, you should take photographs of the sidewalk in question so that you can prove what it looked like at the time of your mother's fall and to guard against the possibility that it might get repaired. 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

It seems to me that the most common concern clients have with their attorney is lack of communications.  An attorney is obligagted to keep you informed and up-to-date about your case. That being said, you state that your have personal injury case.  With the COVID slow down, everything has been placed on the back burner, especially with person injury cases.  It may be months between court hearings.  It is very likely that nothing is happening with your case, with the the COVID slow down, and nothing to report to you.  You are not the only person frustrated.   Let me suggest you give your attorney a call and ask him what is happening.  You will most likely hear what I stated above. ... Read More

Short answer:  No   Based on your commentary, you settled the claim.  Most likely, the settlement agreement states you cannot open a lawsuit.  Once the statute of limitations has past, you lose your opportunity to file a lawsuit.  To preverse your rights, you would have needed to file a lawsuit on the final day before the statute of limitations takes effect.  ... Read More

Short answer:  Yes.  In some States they have the 2 inch rule.  That is, if there is crack in the sidewalk greater than 2 inches and you fall due to the crack, you have a cause of action.  However, this is pothole.  Which is much bigger than a 2 inch crack.   This will require a good deal of investigation.  For example, was the city aware of the uncovered pothole, and for how long?  Did someone else remove the cover.  How long was the pothole open?  Then, what were your injuries?  Did you recover?  Good luck.... Read More

Based on your description of what happened to you, it sounds as if you have a good malpractice case against your dentist.  What makes you case stronger is that the dentist's actions were intentional.  Of couse the dentist will have his side of the story. I can't believe you are the only victim of this dentist.  He's probably done this before.  Start by looking for on-line reviews of this dentist.  Then find yourself a malpractice attorney in your State.   ... Read More

Lawyers are hired “at will”  that means you have the right to terminate a lawyer at any time without cause.  However, let me suggest when you terminate this lawyer, you should do so in writing.  Your letter should state why they there being terminated and it should give instructions as to where you want your file sent.  It can sent to another lawyer or yourself.... Read More

I have to give you an "A" for creativity.  It is my understanding that Urinary Tract Infections are the second most common type of infection.  Respiratory is number one.  UTI's are self-limiting, in other words, they last a short period of time.  And, although there are antibiotics and antibacterials to help clear-up a UTI, sometimes, drinking a lot of water will help flush out the UTI. This being said, it is my opinion you don't have enough damages to justify a lawsuit.  It will cost more for the lawsuit than you can win. As a suggestion, let me suggest, you set-up a meeting with principal or assistance principal, your parents or guardian to see if you can change the school policy, where you are allowed to use the bathroom.  It would seem to me, that your teacher would be very uncomfortable to attend such a joint meeting. ... Read More

Ms. Rodriguez, It is difficult to determine whether you need a lawyer or not from the limited information provided.  This is so because many factors play a role in whether representation by a lawyer would be necessary or beneficial  in a personal injury claim.  It is encouraging that Target has reached out to you and offered to pay you for your pain and suffering and medical bills.  Be aware, it is very likely Target's impression of what would be reasonable compensation for your pain and suffering will be different than yours.  An attorney would be able to help by looking at various factors, some of which you might not consider, in determing reasonbable compensation for your pain and suffering.  Regarding your medical expenses, it is not uncommon for culpable parties to question the reasonableness and/or necessity of medical treatment an injured party receives following a traumatic event for which the at-fault party is potentially liable.  Another issue an attorney would also be able to assess concerning medical expenses is whether your health insurance company is entitled to receive a portion of any money you receive to reimburse the health insurer for accident related medical expenses paid on your behalf.  Most insurance companies have a lien right that must be considered when negotiating a settlement. Medical and Medicare also have rights to be reimbursed for medical bills paid on behalf of an injured party who receives compensation from an at-fault party and/or their insurance company.  An attorney can be effective in negotiating payment of any liens during the settlement negotiation process with Target.   Most personal injury lawyers handle cases that are economically feasible for them to handle on a contingency fee basis.  Under a contingency fee, the attorney's fee is based on a percentage of the client's settlement or recovery after trial.  If there is no recovery, typically a lawyer does not receive a fee for his/her services.  The bottom line is if your case has sufficient value to justify an attorney agreeing to represent you on a contingencey fee, you should be able to find one and you would probably be better off if you were represented by a competent personal injury attorney.  As mentioned above; however, there are too many factors that your question does not address for one to assess whether you would benefit from hiring an attorney, or if an attorney would  be interested in representing you.  I suggest you talk with a few more attorneys, tell them the nature and extent of your injuries, how the incident occurred, and see what they think.  Best wishes for a speedy and complete recovery. Michael J. Menicucci Menicucci Law Group 714-742-6848                ... Read More

I am so sorry to hear about your being hit and knocked down at the supermarket. Unfortunately, your experience is not uncommon. I practice personal injury law in Atlanta and have handled similar cases against large supermarket chains. While you can represent yourself against the supermarket, it is almost never in your best interest to do so. The supermarket has an army of lawyers to protect their interests. Don't you deserve an experienced attorney to protect your interests? The goal of the supermarket is to devalue your claim as much as possible.Personally, I meet with all of my clients for free and you would only pay for my services if they were awarded a settlement. In the meantime, please do not speak with any representative, in person or over the phone, without an attorney present. The supermarket's risk managers and claims adjusters are trained to minimize the damages an injured party can claim and may try to get you to admit fault. Good luck, and I hope you feel better soon. ... Read More

Sorry to hear that your training session did not turn out well.  Unfortunately, suffering a sprain is a risk inherent in working out at the gym, even if you are performing the exercises correctly.  Here's an article I found online which you might find useful.  You should seek the medical attention you need and, when you return to the gym, ask for a different trainer.     Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  1000  (212) 226-6662 http://kdrpilawyers.com/   ... Read More

Very likely yes if you can link the nail the roofing next door. You need to get medical care ASAP first and foremost with the description you have of the injury. You could have nerve damage or an infectionm, let alone tetnus issues. YOu need to take pictures of the area and retain a lawyer ASAP to investigate and pursue the claim. Most lawyers handle such cases on a contingent fees, including our office. We have a toll free number if you have further questions at 1-800-922-6442.... Read More

You're a grown adult. If you want to leave, its your right. They told you to stay but you dind't want to wait. Its not any nursing staff job to force you to stay to find out the test results. You see now why you should have stayed until the doctor reviewed your results and chart, in the first place. You can report this to the hopsital risk management if you like and see what they think. ... Read More

Full disclosure: I do not handle medical malpractice claims.  However, your question would be best answered by consulting an experienced medical malpractice lawyer.   Whether there was a violation of a safe amount of prescriptions or if the doctor violated a standard of care is a question that can't be answered online, but will require a medical expert's evaluation and opinion.  For this reason, I recommend that you check with a malpractice lawyer, just to see if it is something that they are interested in taking a look at. This does not mean, however, that your case is a good case or that there is more benefit than cost in prosecuting a malpractice action.  These types of claims are extremely expensive, on average, and are often not possible to prosecute, even if there was negligence.  This sounds unfair--and I get it--but these are questions that an experience malpractice lawyer can answer for you. Best of luck in whatever you decide to do. ... Read More

While there may be negligence on the part of the Walmart employee, the issue is one of the damages you suffered.  I would encourage you to gather your medical bills together and if you missed work, then you would also have lost wages.  If you have long term brain injury that is a whole different issue. ... Read More

So sorry to hear what happened to you.  You might want to write to the company that shipped you the food and let them know it shipped you expired food, that you became sick, etc.  If you incurred any medical bills you can ask them to reimburse you but they would be under no legal obligaiton to do so.  Unfortunately, unless you sustained a serious, permanent injury, the time and expense of prosecuting a lawsuit would not be justified.  Also, keep in mind that if you knowingly consumed expired food there's probably not much you can do.   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

The work injury in the ditch sounds like a workers compensation claim so you should seek out that type of lawyer, as it is a specialized area of the law.  The gunshot is unclear to me when it occured or who shot you so I cannot commnt other than to say there are time periods within which a case has to be brought and depending on when this occured, it may be too late.  As to the police hitting you with a baton, Colorado requires that a notice be sent to the governing body for the place the police work (like to the City Attorney or County commissioners, etc.), within 182 days of the incident before a lawsuit can be brought. There may be a way around that but even then lawsuits have to be brought within certain time periods and in Colorado to sue a police agency I beleive it normally has to be filed within one year of the incident.  BUT you could talk to a civil rights lawyer about that one, to get more specific insights.  Good luck.... Read More

Sorry to hear about your fall.  There is no law granting you the right to a copy of the incident report you filled out.  And given that you cannot sue your employer for personal injuries, there's really no benefit to getting a copy of the report.  In the event you file a claim for workers' compensation benefits, your employer will have to fill out a First Report of Work-Related Injury/Illness Form.   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

Mr. Boria, have an attorney make the first contact.  The building will not take your case seriously if you do not have an attorney.  Nor will the building's insurance company negotiate with you in good faith if you're representing yourself. That the building was issued violations related to the stairwell may or may not be relevant depending on whether any of the conditions for which it was cited contributed to your fall.  In other words, if you fell because of a torn / loose floor covering, then the violation would be relevant.  If, on the other hand, you fell because there was water or debris on the stairs, the violations would be irrelevant.   Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read More