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Craig A. Post

Craig Post’s Answers

1,088 total


  • Medical Litigation Attorney? Had a needle biopsy performed on my breast. Can I sue for emotional distress & substandard care?

    Dr. calls me & said there is an issue with the angle in which biopsy was performed & marking clip was inserted. Dr. asked that I come in for additional mamo. Since I am in remission from Hodgkins & my exposure to radiation is to be limited I am ha...

    Craig’s Answer

    This is a difficult case. Based on what you've posted, it's not certain that malpractice was committed. Even if liability was established, your damages appear somewhat limited. Best thing to do is to get your medical records together and consult with a qualified medmal attorney as soon as possible.

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  • Can a court put a case back on after it was dismissed for nobody showing up because the court calendared it wrong?

    I had a case calendared for the today originally but when i checked online it was for yesterday. I went yesterday to confirm it was dismissed. They stated that it was. Today i received a call saying the case was supposed to be on for today and ...

    Craig’s Answer

    As Mr. Horner indicates, the court is ultimately in control of it's calender and as long as there is no abuse in that discretion, it can certainly rectify an error.

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  • Won Arbitrator's Ruling, does it need to be confirmed via Article 75. If so, what needs to be done so we can use in Federal Ct?

    Presently we are Pro-Se, and looking for an Attorney to work on contingency.

    Craig’s Answer

    As indicated, you need to confirm the decision via petition pursuant to CPLR Art. 75. Using article 75 implies this is a state court matter. Is it your intention to use the award as a defense in a federal court action? You need to clarify that issue.

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  • Can I sue?

    I went to the ER with ankle pain. The doctor seemed to not even want to be in the room with me. Very standoffish and rude. He gave my ankle a once over, told me I was fine and to go home. I insisted I was in pain so he laughed and told me to buy a...

    Craig’s Answer

    What are your damages? Unless the delay in diagnosis aggravated the condition in some way, the doctor's bad bedside manner is not the basis for a lawsuit.

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  • Nys no fault adjuster

    A NYS no fault adjuster wants a notarized employee loss wages form verification and employer will not comply;what is the process to compel employer to assist for loss wages from a car accident.

    Craig’s Answer

    Not sure why your employer refuses to cooperate. I don't believe there are any remedies per se under no-fault regulations. Your option may be to file a complaint with NYS Dept. of Labor although that may not result in a warm and fuzzy relationship with your boss. Perhaps taking the papers to your job and walking it through may be the best approach.

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  • A judge administratively disposed my personal injury case. Can I refile it although the Statue has run?

    I did not go to a preliminary conference.

    Craig’s Answer

    Please take a look at CPLR Sec. 205(a).

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  • 120 days is 4 months and I don't know if you count the day you buy the index number, etc

    Please can you help me... I purchased my index number in NY Supreme Ct. on 4-16-14, then served the Complaint on Aug. 13, 2014, and filed the Amended Complaint on the same day Aug. 13, 2014, then served the Amended Comp on Aug. 28, 2014. T...

    Craig’s Answer

    120 days is not 4 months, it is 120 days. That being said, your service of the original and amended complaints seem timely. Is the defendant challenging the filing or service in some way? Please refer to CPLR Sec. 3025 which governs these situations. The only issue is whether or not the amendment was made within 20 days "after" the original pleadings service since it was done on the same day.

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  • How do lawyers place a value personal injury case?

    I was in a accident ,I had a knee surgery. I was rear ended by a driver who was intoxicated. Chiropractor treatment for ten months, still strengthening quads & calf muscle. Surgery cost $3,400 and treatment was around $6,500 . One lawyer said he g...

    Craig’s Answer

    You are comparing apples to oranges. In your case, you have to prove a serious injury pursuant to insurance regulations where the person that fell on the sidewalk does not. Unless you have reason not to trust your attorney, he/she is in the best position to evaluate your damages.

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  • What if in a collision the other driver is unwilling to share information? Should I call the cops?

    When I say information I am talking about names, phone numbers, addresses, insurance information.

    Craig’s Answer

    Yes. In fact it is never advisable to leave the scene of an accident with out having the police respond just for this reason. The other driver wouldn't have the option to withhold such information.

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  • Motorcyclist hit me as I have almost completed my right turn. He was taken away by EMS.

    Motorcyclist hit my right tail light and bumper as I have almost completed my right turn. He was taken away by EMS. It was obviously his fault. But he was trying to say that I cut him off. Given the position of impact -- is there any possibili...

    Craig’s Answer

    The answer is "yes", there is always a possibility you can found to be at fault. I suggest that you put your insurance carrier on notice of a potential claim and continue to document the accident as you've done. Good luck.

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