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Craig A. Post

Craig Post’s Answers

1,091 total


  • Is it law in NY that the surrogate court must sign off on a release letter of settlement if the offer was settled out of court?

    Case of pedestrian hit by a car, a few days on life support then passed. Insurance co for the driver & owner of the car has offered to settle, paying the maximum of their clients policy's limit. No suite or action has been filed . We have the rel...

    Craig’s Answer

    Whether or not an action has been filed has nothing to do with the need to have the settlement compromised by the court. How does the insurance company know who to issue the settlement check to? What's going to happen if a family member steps forward and demands a share of the settlement? There is a procedure for settling these matters so whatever you were told by the court offices, I would not necessarily rely on that advice.

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  • If a compromise for a death settled OUT OF COURT, must it be distributed under both PI/WD? Set for/paid out as either? Who says?

    My friend was hit by a car, on life support/unresponsive for days then passed. He was disowned & is estranged by his entire family for over 40 years. There are extenuating circumstances w proof no family should b heirs. He's never been a source of...

    Craig’s Answer

    Whether or not the matter was settled without litigation does not dictate who is entitled to take. And without more information available, the simple answer is yes, the family can look to get a share of the recovery. Discuss this with your attorney.

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  • Summary Judgement

    If granted Summary Judgement by NYS Supreme Court how does one collect. Can I just go to where his bank account is?

    Craig’s Answer

    As Mr. Schwimmer indicates, you must reduce the decision to a money judgment, enter the judgment in the appropriate court(s) and then seek to execute on it. The procedure is somewhat involved so you may want to consider getting an attorney familiar with collections involved.

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  • If client was rear- ended by a drunk driver; and he lost control of the wheel, that lead to knee surgery, how would solve claim?

    Client knee hit starring wheel ,due to rear ended, by another car; leg went dead, couldn't move due impact; injury lead to medial meniscus tear arthroscopic knee surgery. Ten months of chiropractor therapy, seeing doctor 2x a week. Lawyers in new ...

    Craig’s Answer

    As my colleagues point out, there is simply not enough information here to respond to your question. Your attorney is in the best position to evaluate your damages. If you don't trust him/her, then move on. If you do, then listen to his/her advice.

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  • How can a New York Car accident lawyer withdraw as counsel when he/she feels that the case has no merits prior to filing suit?

    How can a New York Car accident lawyer withdraw as counsel when he/she feels that the case has no merits prior to filing suit?

    Craig’s Answer

    As Mr. Pascale says, the lawyer can send a non-engagement letter based upon the results of his/her investigation. Do you want a lawyer handling a case he/she feels has no merit?

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  • Can I go to multiple no-fault treatments on the same day?

    I was rear ended twice. It resulted in two different No Fault cases, with different injuries and some exacerbated injuries. I'm already doing PT 3x/week & Massage 3x/week, each on their own day for one case. Its been recommended that I try aqua...

    Craig’s Answer

    Technically you should be able to go to different therapies for different injuries. As a practical matter, your therapists should know what you are doing especially since the overlapping treatment multiple times a day may be doing more harm then good. You also run the risk of getting one or the other (or both) accident related treatments terminated if each is determined to not be medically necessary in light of the other. Be up front with your therapists.

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  • I'm 31 years old. I was molested at age 8. I'm a nj resident. I didnt remember until I was 18. Can I sue my offender civilly?

    He molested me for a year. I blocked it.out becaue we moved. When I was a teenager we moved back and I saw his face and everything hit me like a brick. I did research on him and.discovered he continued to sexuly.assult young girls.even though I be...

    Craig’s Answer

    Ms. Brice is correct. It is likely that your time to bring a claim has expired however if you have proof that such acts are still being committed, you should consider going to the police.

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  • If my husband gets into a car accident for DWI and he is sued, am I his wife, affected as well?

    I'm concerned that everything I worked for (my home) can be taken away by a lawsuit that I have no fault in. If so, is there anything I can do to protect myself n children to prevent losing my savings, assets, etc. if such a lawsuit would take pl...

    Craig’s Answer

    Possibly. Do you have an ownership interest in the car? Is the house jointly owned? If you have an ownership interest in the car that was involved then you may be vicariously liable by statute. Signing a document will serve no purpose. If you are concerned about your personal exposure as a result of this accident, you should consult with an attorney to discuss that exposure and how it may impact your assets.

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  • How long does it take to get short term disability from an employer? I am going on ten weeks with no income and lost job.

    I have been out of work since May 24, 2015. I have been to multiple doctors and have had papers to prove it. I have done what I was told to do by the insurance company. The only problem I had was submitting my doctors papers on time. That has sinc...

    Craig’s Answer

    Short term disability claims in NY are administered by the Worker's Compensation Board. Have you attempted to contact it in order to determine the status of your claim? It may be 10 weeks since you were injured but you do not indicate when the application was actually made or how long ago they received the medical information that you were unable to timely submit.

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  • My daughter in kindergarden got hurt in classroom with cut by eye. Nurse called and tols us about it and said she didnt think it

    needed stiches. been like 9 months and now there is a pretty good scar which looks like will be a permanent mark. Its in nys is it worth it to get a lawyer or not.

    Craig’s Answer

    If you are seriously contemplating a claim against the school or student or whomever, you should at least consult with an attorney. Only by doing so will you know whether it is worth pursuing and all of your options. Good luck.

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