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Craig A. Post

Craig Post’s Answers

1,125 total


  • What is negligence in a personal injury case?

    This was a simple person to person contact in which one person fell and had very minor injury to the hand. No sprain or broken bones. Slight hairline fracture, if anything at all. Person who fell is threatening to sue even though there was no inte...

    Craig’s Answer

    Basically, negligence is the failure to exercise that degree of care that someone acting reasonably would be expected to use in similar circumstances. It can be performing an act unreasonably or failing to perform an act when one was appropriate. If the person initiating the contact owed a duty of care to the injured party and acted unreasonably in making that contact that resulted in the harm, then you've made out a basic negligence cause of action.

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  • How can I proceed to replace my car?

    Car was parked at work and a driver hit 5 parked cars including mine.

    Craig’s Answer

    I assume you're asking because your car was totaled. You are only entitled to the blue book value of the vehicle at the time the damage is sustained. Put in a claim through the offending driver's insurance company.

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  • Serving process strategy

    If a skip trace returns multiple current addresses for a defendant and the defendant was served through nail and mail at one address, would it be okay for plaintiff to wait and see if defendant would default before plaintiff asks for permission to...

    Craig’s Answer

    Unless the method of service was directed by the court, multiple services would not be prohibited even after filing proof(s) of service. As suggested, you should be guided by the statute of limitations. If time is running out, you should verify the address your are using for service. The defendant can always try to open a default which would likely be granted if he/she can show the address for service was not valid.

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  • Can a non blood related son sue for wrongful death of a parent in nys ?

    My mother died last year due to malpractice! I wanted to sue the hospital for negligence. My older half brother who is not her blood relative and was not adopted by her wants to sneak behind our backs and sue. Can he supersede me or am I the only ...

    Craig’s Answer

    There are 2 issues here. Is it possible that he could be appointed as administrator of your mother's estate(assuming there was no will)? He could be, particularly if there is no objection raised by any other family member. Being administrator does not entitle him or anyone else to a share of any recovery. That is governed by the rules of intestacy. Depending on who has survived your mother, your half brother might not be entitled to anything. If you don't want him acting as administrator your must object in timely fashion. If he has filed, I would suggest speaking with an attorney as soon as possible.

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  • What happens if I was in a no-fault, no injury caraccident during my switch of ins. companies and I technically was not covered?

    My car ins. comp. dropped me due to driving record, I got new ins. but there was a brief lapse between the two. And during the few days of course me & a Lady were driving in parking places and hit each other police were called nobody got any ticke...

    Craig’s Answer

    Barring any issue as to the whether or not your insurance company properly cancelled your coverage, then it sounds like you have no coverage. It may be premature as it doesn't appear that the other carrier has started formal proceedings but you should consider consulting with an attorney to discuss you options including a determination as to whether or not your carrier followed proper procedures.

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  • Can a policy limit be more than $50,000?

    If three people were injured in a car accident and one had a arthroscopic knee surgery, & the other two had serve back pains, headaches; doctors call it whiplash. The adjuster forwards the insurer policy limit and its a total of $50,000, the two h...

    Craig’s Answer

    There are certainly policies with limits greater than 50k. The policy you are dealing with sounds like a 25/50k policy which is the minimum in New York State. There is something wrong in your calculation. The lawyer(s) only get a percentage of what their clients receive, not a direct share of the available policy limits. Based on what the injured parties are to receive, there is still 10k available. Unfortunately, this is not an unusual scenario when there are multiple injured parties with a limited policy. Talk to your lawyer.

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  • Summons with notice

    Summons with notice is filed by pro se party online with an approved application to proceed as a poor person (fee waiver). At what point should a RJI be filed and can it be filed online with another fee waiver application submitted? Or the first f...

    Craig’s Answer

    If you are the pro se party, make sure you keep track of your time to serve a complaint in response to the defendant's notice of appearance. Once issue is joined (the answer is served) then you can file your RJI. You should contact the county clerk's office concerning the fee waiver issue.

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  • I injured my mouth and broke my tooth on a bo e which was in a prime rib at outback steak house, whats my recourse.

    Went to dinner. Ordered the prime rib dinner and there was a bone that i didnt see. Was contacted by there legal department but no action has been taken, this was last year

    Craig’s Answer

    Your recourse is to gather your medical records and consult with an attorney in your area to discuss your options. I would not discuss the case with their legal department unless your willing to settle for a voucher for another prime rib dinner. It sounds like you are at least half way through the statute of limitations so you should consult with an attorney as soon as possible.

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  • Should I settle or persue?

    3 years ago, I was involved in a car accident as a passenger in a friends car. I suffered a 4 inch laceration from the top of my head to an inch into my forehead, I also suffered a couple of herniated disks. There has not been one day since this t...

    Craig’s Answer

    I agree with Mr. Pascale. First, your attorney is in the best position to answer the question. Second, it is unlikely that the insurance company has topped out on its initial offer.

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