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James D. Kiley

James Kiley’s Answers

425 total


  • I was struck by a car while walking a pedistrian xing. What's the maximum compensation I can get out of the accident?

    I was struck by a car while the car was turning left and hit me while I was walking on a pedestrian xing. I suffered from significant injuries including fractured arm and leg, and I underwent hours of surgery and was hospitalized a number of weeks...

    James’s Answer

    If you or a member of your household owned a motor vehicle at the time and you had SUM (Supplemental Underinsured Motorist ) coverage you could bring a claim against your own insurance company for additional compensation. Speak to your attorney about SUM

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  • Personal injury caused by NYCHA

    My mother used to live in public housing. The door in her lobby used to slam very hard and on August 8, 2014 while I was visiting her, that door slammed on my finger and fractured it. I had to have stitches in my finger. The door has since been ...

    James’s Answer

    You will need to petition the Court to allow you to file a late Notice of Claim, which is supposed to be served on the NYCHA within 90 days of the accident. You must file a lawsuit within 1 year and 90 days of the date of accident. Tough case. You will need to prove that the door was dangerous ( probably with an expert enginneer ) and that NYCHA was on notice of the dangerous condition of the door.

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  • What happens when i hit a person, who jaywalked and i didn't speed or was not drunk and did not do any illegal activity?

    I was driving without speeding and i see this guy running and i try to stop but it was too close and hit the guy. But when i saw that person he wasn't injured that much but he did take a ambulance.

    James’s Answer

    Notify your insurance company about the accident. if you get an an attorney's letter or get served with papers,, forward to the insurance company which will provide a lawyer for your defense.

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  • Can I file a law suit?

    My grandma fell in the hospital while using the restroom in the step down icu and broke her hip

    James’s Answer

    if your grandmother was a fall risk then you could certainly argue that the hospital was on notice that she might fall and had a duty to assist her in the bathroom. Get a consultation with a personal injury attorney to thoroughly vet the facts.

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  • Do I have A Personal Injury Case After a Fall?

    Two weeks ago I was dropping my daughter off at school & fell- I tripped from the walkway on to the stoop, requiring stitches on my face. At first, I thought it was just a freak thing where I somehow tripped, but when I brought her to school the ...

    James’s Answer

    You will need to file a Notice of Claim within 90 days of the date of accident with the appropriate municipal agency. I would encourage you to meet with an attorney and file the Notice of Claim to protect your rights going forward. If the sidewalk cracks are significant and caused your fall, you likely have a case.

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  • Car Accident Help

    I was on Southbound Hutch a few weeks back. The car in front of me stopped and I stopped too but the car behind me hit me and forced me to hit car ahead of me...There was a chain reaction involving around 10 cars. Since that accident I have lower ...

    James’s Answer

    All personal injury attorneys work under a contingency fee retainer which means they only earn a fee if they are able to recover money for you. Sounds like you have a claim, at minimum against the driver immediately behind you. The problem is that your injuries might not be considered "serious" as the term is defined under New York's insurance law, which is required to bring a claim for pain and suffering arising from a car accident. You have a soft tissue injury which may or may not be claimable, depending on what your MRI shows,the amount of treatment you have, your recovery etc. However, it is certainl worth pursuing and you should get yourself a consultation with a PI attorney.

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  • My son had bad accident at work last Thursday Fell off ladder had operation on both legs

    He had a rod put in right leg and screws in left We hired a workmans compensation lawyer but do we a disability lawyer Im confused isnt the same thing .He will be going for major therepy for maybe month but no work for 3 to 4 months

    James’s Answer

    I would think your workers comp attorney could handle the application to social security for disability. If you have not already, you should consult with a personal injury attorney to make sure you don't also have a case for bodily injury. If your son was working for a sub contractor on a construction site, he would likely have a claim against the owner of the property and the general contractor under New York's Labor Law.

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  • I had an accident in NJ I am from NY what state should I be looking for an attorney in

    My accident happened in NJ, I am from NY, driver who fell asleep at the wheel who hit me from behind is from NJ with NJ insurance

    James’s Answer

    NY doesn't have personal jurisdiction over the New Jersey defendant so you will need to bring the lawsuit in NJ. You could always hire a NY attorney( if you knew somebody) who could correspond with the insurance company in an attempt to settle out of court but he/she would have to send it to NJ counsel if the case needed to be litigated.

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  • My son cracked two teeth biting into a piece of food with a stone in it from a major franchise.

    We contacted them with dental pictures as well as pictures of the piece of food with the stone. The dental costs are $850 and he's experiencing pain and must take off work to get the teeth repaired and bonded. My wife is also concerned that this ...

    James’s Answer

    Too low. Hire a PI attorney. You won't get as much going alone

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  • Do you know what fee's would be assessed for a consultation/conference regarding estate planning?

    I need to information regarding estate planning for my husband and myself. I need to schedule a consult or conference with an attorney as our issues may be complex. However, I need a ballpark range of how much a conference/consultation would cost...

    James’s Answer

    We charge $400 for an estate planning consult..if theat helps you.

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