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Robert Lewis Fellows
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Robert Fellows’s Answers

38 total

  • Can I Sue The Person Who Hit Me (I Was A Pedestrian) If Their Insurance Coverage Is Only $25,000 And My Injuries Are More?

    I Was On The Sidewalk When A Ford F350 Jumped The Sidewalk And Struck Me, ...... Now I Have Internal Derangement And Meniscular Tear In My Right Knee, Buldging Disc In My Neck, My Attorney Tells Me That If These People Live In An Apartment And The...

    Robert’s Answer

    You must immediatley notify your own auto insurance company if you own a car or live in a home or apratment with anyone else who owns a car. You may have additional coverage under your own auto policy or the policy of spomeone with whom you reside. This is important to do. Check this out asap. You also through an attorney have to determine whenther any one else such as an adjoining property owner or the City may have some rersponsibility for the accident. An attorney should help you and look for additional insurance.

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  • Newyork serious injury threshold

    i was in a car accident as a passenger i been treating for about 5 month now seeing a chiropractor and also physical therapy I am about to do pain management there saying shot will help with the pain since I cant stand for more then 5 min I ...

    Robert’s Answer

    It appears from what you are saying that the injuries which you describe may rise to a "serious injury' and qualify for a lawsuit. An attorney must review all of your medical record including test results. An attorney might want to obtain reports where a treating physician describes your limitations supported by objective findings. If you have unable to work for 90 days because of your injuries this will be used to support a lawsuit. You are well advised to consult with a lawyer experienced in the handling of personal injury matters. You may be able to establish from permanent or consequential limitation which also would support a lawsuit to recover money damages. Best of luck!

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  • I live in Brooklyn, NY am seeking a law firm/ lawyer in NY that specialize in Medical Malpractice (Dialysis/Death)

    How would I obtain the rating of a NY law firm/ lawyer, How can evaluate the lawyer/ law firm ability to win my case.

    Robert’s Answer

    Select an attorney based on a recommendation from a friend, family member whose judgement you respect. Ask a lawyer who you may know and trust for a referral. Check out the lawyers web site. Search Lawyers.com. Call the local Bar Association. Go to the Courthouse and ask questions of Court personnel. Do an extensive google search. Choose wisely.

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  • I Was In An Accident About A Year Ago.I Missed A Stop Sign And hit a Car.

    The Other Driver Was Driving A rental.He Was Not Designated To Drive the rental.His License Was Also Revoked/Suspended. I Was Issued A Ticket For Failure To Stop At A Stop Sign, Went To Court And Paid The Fine.My Insurance Took Care Of The Other P...

    Robert’s Answer

    It appears you are primarily if not entirely responsible for the accident. The fact the the other driver has no license will not be a determining factor. What matters is how each drive-licensed or unlicensed operated their vehicles. Make sure you forward the legal papers to your own auto insurance company. If you have no collision coverage ask the attorneys defending the case on your behalf to assert or assert you in asserting a counterclaim for car damage but it will be difficult to recover as you "blew" as stop sign. Dropping you by your insurance company is an underwriting decision that you have to accept. Your attorneys will defend the case and attempt to minimize the damages and perhaps claim the the other driver bears some small portion of fault for the crash e.g. excessive speed, you entering into the intersection first. Good luck.

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  • I fell on a high school property. I slipped on a hose and sewer drain cover. I tore the ligaments in my dominant shoulder.

    Do I have a case?

    Robert’s Answer

    Here are some initial suggestions. Try to take photographs of what caused the fall and the surrounding environs. Retain an attorney to investigate the matter and counsel must file a notice of claim against the school district within 90 days from the occurrence. Determine by that investigation who owned and maintained the hose and drain cover. Don't give anyone a statement about what happened or how you are doing whether written or oral. Get a free consultation from a lawyer and retain a firm to tell you the strengths and weaknesses of a potential case. Speedy recovery to you!

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  • HI, im 22 years old i have a trip and fall lawsuit against a major store company which has been going on for 5 years

    I had surgery four years ago and im still going through treatment recently my case was passed by the judge for a settlement, also i want to add that this accident took place in the bronx,ny but i would like to know can you tell me what you think t...

    Robert’s Answer

    My sense is that because you are posting this question that the relationship with your attorney may not be ideal, one of communication and trust. Unless the facts of your case are somewhat complex or your injuries compel some delay, generally whether in the Bronx or elsewhere five years for a generic "slip and fall" matter is too long to litigate. Make an appointment with your attorney and feel comfortable after you leave that you have an adequate explanation why you are five years post injury and what are reasonable expectations to resolve your case. Make a decision based on that meeting whether to stay the course with your current counsel or find new counsel based on open communication, access, trust and competence.

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  • Can I sue the nail salon for injury to my body caused by falling on a carpet in the nail salon

    Went to ER had CT scan, three stiches on r elbow, bruise on forehead, x-rays done of chest and back, and hand.

    Robert’s Answer

    For a lawsuit to be worthwhile in pursuing there ought be injuries of some significance and the ability to prove fault of the salon. You must show some defective condition which the salon by its owners or employees created which caused the fall or a condition causing the fall know to it or present for an amount of time that the condition causing the fall should have been known and corrected. I would endeavor to take a pic of what caused you to fall. As an example if the carpet was torn or not properly laid or affixed, these are examples of a defective condition However, the injuries appear not to be serious and long lasting and I would get the treatment you need and then see if an attorney might help you settle the claim or if the injuries are significant and permanent with lasting consequences then consider filing a lawsuit provided you can show that the salon created or knew about what caused the fall and that what caused you to fall is a defective or improper condition. Hope this helps.

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  • How do I go about changing my personal injury attorney?

    He didn't file my no fault application on time, there is a lack of communication between his office and I, he has an inexperienced paralegal handling my case she can't answer any of my questions. Every time I as to speak to him or anyone involvin...

    Robert’s Answer

    Your new attorney will do whatever is needed to implement a change of attorney. You need not involve yourself other then to select a competent law firm experienced in personal injury matters. You have the right to change counsel at your discretion at any time. Interview your new counsel before entering into a new relationship and obtain recommendations from those you trust.

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  • I live in ny state can i only collect on the liability insurance that the other driver had when I settle on my case.

    I was in a horrific accident where the driver at fault died. I will need back and neck surgery she only had a 100,000 liability coverage. can I only sue up to that amount or can I sue for more?. Comp since I was working at the time, on company tim...

    Robert’s Answer

    In New York when you bring a lawsuit you are not allowed to specify the amount sued for in an action arising from a car crash for personal injuries. After the lawsuit is started, defense counsel can ask for you to specify the amount you are claiming as damages. You can choose any amount deemed appropriate. The issue is how do you enforce a judgment, The answer is from the defendant's policy limits unless you pursue the responsible party's personal assets which is not an easy task. In addition, if you have under your own auto policy what is called supplementary uninsured motorist coverage (SUM) you can seek to recover from your own policy, provided your SUM limits exceed the limits of the defendant's policy limits. Suing for any amount is quite different from collecting damages.

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  • What should I do if I get into a car accident in my work vechile?

    I was coming out of a parking spot and we I pull out as I look straight forward the sunshine temporary blinded me, then I see traffic light on Yellow taxi stop on the yellow light

    Robert’s Answer

    Report the accident to your employer. Report the accident to your own auto liability insurance company. Take pictures of vehicle damage. If you have any injury seek medical attention to make a record of your injuries. Ask employer for papers to file a workers compensation claim if injured and/or lost any work time. Do not speak with the representative of the insurance company of the other vehicle . If your injuries are significant consider obtaining workers compensation attorney. More importantly, feel better and enjoy the holiday season!

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