Terrence James Cortelli's Answers

When does the plaintiff have the option of picking a jury or bench trial in a personal injury case?

Under the Constitution, in a personal injury action, each party is entitled to a trial by jury. Generally, the plaintiff requests the jury by filing a note of issue. But, the defendant is entitled to do the same. To be honest, it is generally felt that juries are more willing to give more money to a person injured then a judge would. Also, it is felt that a jury is more willing to find for a plaintiff then a judge will. In short, it is generally felt that jurors are more easily persuaded...

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What is the going rate for personal injury attorney. Is it a percentage of what you get and how much of a percentage on say 250,

In New York, attorneys who represent parties in personal injury actions generally work on a contingency fee contract, meaning they get a portion of the award if its successful. At most, an attorney can charge 33 1/3 percent of the net award. If an attorney charges more, it is an ethical violation. In addition, in medical malpractice actions, the fee that an attorney can charge is less and it depends on the total award received.

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How will i know about spying from Defense in Personal injury case?

I am a PI attorney that practices mainly in NYC. Although you call it spying, in NY we call it surveillence and its permitted, with some exceptions. Basically, they cant do it before you testify. If they do, they have to tell you about the video. But, it hapens all the time. We even had a recent case where they videotaped our client leaving the court room and going home. You just need to assume that its going to happen. I love when it happens because it usually means that I have a great...

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My dad owns a NYC taxi medallion and leased/rented it out to someone. Now that person was involved in a accident, are we liable?

In New York, an owner is liable for any injuries that result from the ownership of a car. So, yes, your dad maybe liable. This is true even though he was not operating the car at the time.

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Can i sue a person personally because of the damage she cause to me and my kids for pain and suffering?

This sounds like a typical personal injury case that my firm handles all the time. If you are seriously injured, then you can start a personal injury lawsuit. You should contact a personal lawyer that practices near you so that your legal rights are protected.

How many times can a personal injury case be appealed??

First, there are two Courts of Appeals in New York. There is a Second Circuit Court of Appeals, which is a Federal Appeals Court and there is the New York State Court of Appeals, which is New York's highest State Court. If your case was decided in the New York Court of Appeals, then your only other option is to appeal to the US Supreme Court. However, given that your case appears to be a personal injury one that does not involve the interpretation of the Consititution a successful appeal is...

Injured in prison

That sounds terrible. When in prison in New York, there are many procedural hurtles to overcome before one is entitled to sue for such an incident. As an initial matter, you may need to file a notice of claim with the NYS Attorney General's office, explaining what happened. There may also be internal guidlines the prisoner must follow before he sues. You should consult an attorney in person. Obviously, you can sue the other inmate who caused the injury but I am sure there would be no money...

Do personal injury lawsuit settle after the discovery?

Most lawyers agree that 90 percent of cases settle. The issue then is when in the process do they settle. At my firm, our goal is always to settle and we dont care when, so long as we get the right number that makes our client happy. Last month, we settled a major automobile case before the lawsuit even started. That case settled for $500,000. However, there are other cases that do not settle until during or even after trial. In any event, the issue is never when will it settle but for...

Do schools have to pay for your bills when you fall while in the school?

Generally, when you fall at any public place, that place's insurance company will sometimes pay your medical bills up to $5,000. Its called the "med pay" and its just a clause in a insurance liability policy that promises to help injured parties without accepting blame. You should call the school and find out if the insurance policy has a med pay. If your injuries are severe, then you will need to sue the school so that your medical bills are paid for. In New York, you need to serve the...

Trip and Fall: Would this be considered a dangerous condition and if so why?

I cannot get your picture from the link you provided. Basically, the law in New York is as follows: If a reasonable person believes the condition is dangerous, than its a dangerous condition. Important to the analysis is whether anyone has tripped or been injured by the condition. Speaking with an engineer can also help resolve the issue. Finally, its always a good rule of thurmb to fix any condition that just might be considered dangerous. As the old folk always say, better safe than sorry.