Skip to main content
Jeffrey Ira Schwimmer

Jeffrey Schwimmer’s Answers

2,964 total


  • Can the estate include future Social Security income payments expected for decedent's projected life expectancy?

    Medical wrongful death claim of elderly patient in Texas. The decedent was 66 y/o at time of death and receiving monthly Social Security payments. The estate is asserting a wrongful death claim. Regardless of the merits of the case I'm trying t...

    Jeffrey’s Answer

    By federal law, the right to social security benefits ceases upon the death of the retiree. There is no minimum guaranteed future payment. Generally, a claim for lost future income in a personal injury or wrongful death case is based upon a person who is employed, with provable wages or income from that employment, and is calculated on the injured or killed party's remaining work -life expectancy. While each State might have different rules, it would be very surprising if Texas law permitted a damages claim based upon "future" social security payments. I will, of course, defer to my Texas colleagues.

    See question 
  • Nash County Sheriff's Department in ABC channel 11 news slander and defamation of character my wife and I's name what kind of la

    A man tried to kill us with his vehicle on i-95 . Long story short when we came to the sheriff's roadblock in Nashville North Carolina, the man was arrested but so was I! The sheriff's say that they were confused as to who the aggressor was. But t...

    Jeffrey’s Answer

    I would agree with Mr. Gravlin. You first need to address the criminal charge/arrest. Having that resolved in your favor adds strength to any civil claim you might have.

    See question 
  • Will he be arrested on sight or will he just receive a ticket?

    My boyfriend was in a hit and run situation a couple of months back. He says that the car went around him at a traffic light & he somehow hit the back of their car. He says the car sped off & left. So he didn't worry about it because his license i...

    Jeffrey’s Answer

    I know you really really want to believe your boyfriend, but when someone is illegally driving without a valid license and no insurance, that person's credibility when it comes to a hit and run scenario is, with all due respect, suspect... at least to the police. As suggested, he should consult with a criminal defense attorney for assistance before contacting the police.

    See question 
  • Can I make the driver take a lie detector test or sue him for perjury or anything?

    My van was t-boned by a bus. Bus company manager who had been talking with the driver on the sidewalk before he got in the bus and hit me, approached me as a police officer and made me move my van and moved the bus. Then the driver lied on the ...

    Jeffrey’s Answer

    Lie Detector tests, and results thereof, are not admissible evidence in the State of New York; certainly not in civil actions. Further, your case is over, so there is no litigation pending in which to present such tests even if it was admissible. Lastly, there is no cause of action to sue someone for perjury, certainly not on the context that you are thinking.

    See question 
  • Can I get her evicted for defamation of character and harassment?

    I have a roommate who has been hoarding all the bills since we moved in together in sept 2015. In Dec 2015, we had late noticed for water and power. She had not shown me one bill and they accumulated. Anyway, she has been trying to get help with b...

    Jeffrey’s Answer

    Who is listed on the lease as a tenant. If it is the both of you, then you can not get her evicted and vice versa. If it is just her, then you definitely have no basis to seek her eviction. The only thing your roommate is doing by complaining to the landlord is making herself look as bad as she thinks she is making you look. In the end, the landlord doesn't care about anything other than getting paid for the rent, regardless of who is doing the paying. As for the utilities, if you are both listed on the accounts, you can likely go down to their offices and look at and/or ask for copies, thus getting the information you seek. If she is the lease holder and you are sub-letting from her, than it would appear that it is time for you to consider moving since it sounds like your relationship, at least as roommates, is seriously broken. As for defamation, while she is not being truthful to others about you meeting your financial obligations for rent and utilities, you have not indicated that such "lies" have cost you financial damages. As such, and even if there is arguendo a basis for a defamation action, it will cost you more money to litigate than you would likely recoup so as a practical matter it seems not to be the course to take. On a final thought, if you are paying any monies directly to her, you may want to do it solely by check or money order, not cash, so that you have a paper trail of proof if needed at a later date.

    See question 
  • Is this considered defamation of character and what can I do about this?

    Recently I was served a injunction for a alleged battery. I have not went to the hearing to see if there is a case or not. I haven't been arrested or charged because there was no proof to the allegations. I was reading in the paper and there's a s...

    Jeffrey’s Answer

    A news article reporting that you have been charged with a battery, or that so and do claims that you committed a battery but without expressly stating that though actually did the battery, is not defamation. Parenthetically, it is interesting that the apparently a hearing scheduled to determine if the injunction ( do you actually mean a temporary restraining order?) was sustainable or should be allowed to remain standing and you chose not to go, which means that the court could very well have concluded that there was a battery and/or other grounds for issuing the "injunction" and allowed it to continue, since you did not oppose the same;yet you are concerned that you have been defamed. Incidentally, for discussion purposes, if someone claims and states that you battered hin/her, it makes no difference that you were not yet arrested or charged" if that statement is true. Truth is a defense to any claim of defamation.

    See question 
  • Is It Considered Perjury for a Defendant to Make Statements in an Affidavit in Support of a Motion That They Know to Be False?

    I am a Pro Se Plaintiff in a Civil Action in which I received a Default Judgment against a Defendant by the trial judge, because not only did the Defendant fail to respond to my Amended Complaint, but had also willfully ignored all of my Discovery...

    Jeffrey’s Answer

    If you have hard evidence that establishes that defendant was properly served under the rules and laws of your state, and even that defendant received mail claimed not to have been received, then you should oppose the motion. As for perjury, that is for the court to determine based upon the evidence presented, but requires proof of intent to lie, not just proof that the other side is incorrect or not believable (ie - the defendant says he was not in the state at the time you mailed something but you gave a certified receipt card signed by him). Many states have statutes or rules which can serve as a basis to request monetary sanctions against an adversary for pursuing a frivolous, bad faith, claim or defense. If your state has such statute or rule, and your proof in opposition to the motion makes it black and white that the defendant has fabricated the assertion, or documentary exhibits, in pursuit of the jurisdictional defense, you may want to consider filing a cross motion (or whatever the appropriate method in your state) to request sanctions. However, as noted by other counsel, whether the defendant's affidavit rises to the level of perjury and whether criminal charges should be pursued because of it, is something for the judge in your case to decide.

    See question 
  • What can I do, is it worth the trouble

    Hi ?, I was eating from Kelloggs cereal, in one of my spoonfuls I bit down on something that caused me to bite the crap out of my inside cheek. It is some round piece of plastic. I call customer service and they sent a retrieval kit and a coupon...

    Jeffrey’s Answer

    Obviously, a box of cereal should not have pieces of plastic in it, so there would be the makings of a product liability /adulterated food case. However, and not to minimize the pain from biting the inside of your cheek due to the plastic, the reality of such types of cases are that they are expensive to litigate, which cost frequently outweighs the nominal compensation a minor injury might be worth in the court system. So, while it doesn't make it right that the manufacturer was not careful enough in the processing of the cereal, it may be difficult to find a lawyer to take the case and don't expect the company to throw money at you to sooth your ire. Still, consult with a local personal injury attorney, since they are given free of charge.

    See question 
  • Can I sue my dentist for performing inadequate dental work?

    Last year summer of 2015 I was approved for a white glass with gold crown for tooth 9. While I was waiting for my tooth to arrive the temporary cover fell off and a little piece of my tooth got damaged. I went back to my dentist and he placed the ...

    Jeffrey’s Answer

    Based solely on your description, which actually is missing some important details, you do not seem to have a dental malpractice claim. That is because there is no reported physical injury to you caused by his treatment of you, which is a main requirement for making a malpractice claim. Technically, you could have a breach of contract claim if it could be proven that he did not provide you with the service you hired him to do, so as to recoup the expenses you are claiming to have to incur, however to pursue the same you would need an expert, another dentist, to attest to the errors you believe the dentist made, or the services he did not properly provide. Such an expert's services will likely wind up costing you more than the additional monies you indicate you will have to expend to correct what you think your dentist did wrong.

    See question 
  • I want to know if I am able to have a personal injury claim against my parents homeowner insurance?

    I was physically assaulted serving eviction papers at my parents home to their tenants. I was asked by my parents to serve the eviction papers and the tenant physically assaulted my and broke my nose. This assault happened on my parents property. ...

    Jeffrey’s Answer

    You can not make a personal injury lawsuit or claim against your parents homeowners insurance. You would have to sue your parents and their insurance would pay only if they were held legally at fault for your injuries.... something not likely in the scenario you have presented. You can and should sue the putative tenant, but even if you get a judgment it is only as good as the assets that person owns that can be used to pay you off.

    See question