James D. Kiley’s Answers

James D. Kiley

Great Neck Personal Injury Lawyer.

Contributor Level 13
  1. If my dog bit two of my neighbors and neither one of them sued, can my building make me get rid of my dog?

    Answered over 1 year ago.

    1. Edwin Drantivy
    2. Joseph Jonathan Brophy
    3. James D. Kiley
    4. Matthew C Simon
    5. Christian K. Lassen II
    6. ···
    10 lawyer answers

    Absolutely. The landlord is now on notice of your dog's vicious propensities ( so are you for that matter) and might be liable for a future attack.

    13 lawyers agreed with this answer

  2. Do we need an attorney to prepare our "wills" or is Legal zoom's $79 comprehensive will sufficient?

    Answered over 1 year ago.

    1. Eric Edward Rothstein
    2. Gregory Herman-Giddens
    3. James D. Kiley
    4. Jayson Lutzky
    5. Charles Adam Shultz
    6. ···
    11 lawyer answers

    Spend the money and have the will prepared and executed under the supervision of an attorney. You should also have Health Care Proxies and Powers of Attorney. What if one of your children predeceases you both? Do you want grandchildren to inherit? If they are in their minority , their share should go into a trust. Who should be trustee? What should the terms of the trust be? What is the size of your estate? Are there potential estate taxes- if not federal than state? Do you have a...

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I fell in snow at a local grocery store now my back and arm is killing me!!

    Answered almost 2 years ago.

    1. James D. Kiley
    2. Anthony A. Ferrante
    3. Neal A. Goldstein
    4. Michael J Palumbo
    5. Gregory Scott Gennarelli
    6. ···
    10 lawyer answers

    Regardless of where you fell, some entity (whether it be Stop and Shop or the landlord/owner of the shopping center and its walkways and parking lot) has a duty to maintain ita property in a safe manner. Is the store liable? You don't really give enough information to answer the question. Where specifically was the fall? in the parking lot? on the sidewalk? immediately in front of the store. If the latter, the store has a non delegable duty to provide a safe means of ingress and egress to...

    12 lawyers agreed with this answer

  4. In New York State, is a retainer required for a personal injury case? Thank you.

    Answered 10 months ago.

    1. James D. Kiley
    2. David Ian Schoen
    3. Konstantin Burshteyn
    4. Joseph Jonathan Brophy
    5. George Peter Conway
    6. ···
    9 lawyer answers

    Yes. And the attorney must file a retainer statement with the Office of Court Administration within 30 days of being retained.

    Selected as best answer

  5. My 7 year old daughter was bitten by a neighbors dog, resulting in several thousand $ in medical costs . Can we recover?

    Answered almost 2 years ago.

    1. Marco Caviglia
    2. Gregory Scott Gennarelli
    3. Albert Lee Crosner
    4. Larry Van Roberts
    5. Yefim Rubinov
    6. ···
    12 lawyer answers

    You need to establish that the dog had "vicious propensities".... this means that there is evidence that the dog had bitten ( or even menaced or threatened) someone prior to your daughter's incident. Some dogs are considered viscious per se i.e. pitbulls. If you can establish that ( through a neighbor or someone else's testimony, then the owner is strictly liable. If the owner of the dogs owns a home, the claim should be covered under the general liability policy . We handle such cases. I...

    11 lawyers agreed with this answer

  6. Had surgery last thursday 3/28/13 suffered injury from breathing tube bleeding in near uvula as well as voice box

    Answered over 1 year ago.

    1. Craig A. Post
    2. Daniel DeMaria
    3. Edwin Drantivy
    4. James D. Kiley
    5. George Costas Andriotis
    6. ···
    8 lawyer answers

    Are your injuries permanent? Case is not worth pursuing if you did not sustain permanent injury. Even if you do have a permanent injury, it might not be malpractice. Depending on your surgery and your anatomy perhaps injury from the breathimng tube is a risk of the surgery. Bad result doesn't necessarily mean medical malpractice. Your 4 days post surgery. My advice would be to concentrate on your recovery. When you have, obtain your medical records including the operative report and...

    10 lawyers agreed with this answer

  7. Lawyer has requested that a patient get a copy of their medical records for their MVA case. Can doctor bill patient for copies?

    Answered over 1 year ago.

    1. Anthony A. Ferrante
    2. James D. Kiley
    3. Christian K. Lassen II
    4. Robert Bruce Kopelson
    5. Michael R Crosner
    6. ···
    6 lawyer answers

    Yes 75 cents per page pursuant to NY State Public Health law

    10 lawyers agreed with this answer

  8. My son, 15 yrs old will be getting a settlement from a car accident back in 2011.can i take any monies from his settlement?

    Answered almost 2 years ago.

    1. Anthony A. Ferrante
    2. Jeffrey Bruce Gold
    3. Jeffrey Mark Adams
    4. Manuel Alzamora Juarez
    5. Jayson Lutzky
    6. ···
    13 lawyer answers

    The check will be made payable to you as natural guardian of your child and an officer of the bank in which you deposit the money. You will need a copy of the Compromise Order from the Court to open the account. You will not be able to make a withdrawal from that account without a further order from the Court. The court will absolutely NOT allow you to withdraw money to pay your expenses. Its your child's money.. not yours.

    10 lawyers agreed with this answer

  9. How long do I have to file for a personal injury claim in Ny ? And do I have a Claim against my Landlord ?

    Answered almost 2 years ago.

    1. Michael Paul Lagnado
    2. Craig A. Post
    3. Yefim Rubinov
    4. Michael J Palumbo
    5. James D. Kiley
    6. ···
    7 lawyer answers

    If the landlord is a private individual or entity and not a municpal entity, then you have a three ( 3) year statute of limitations. Keep in mind, howeever, that evidence gets stale, memories fade, etc. etc. No reasons to wait that long if you are interested in pursuing litigation. Snow and ice cases can be tough. You need to obtain the weather date to establish that the landlord had enough time to remedy the icy condition. If it was snowing just before or during the incident, you may...

    10 lawyers agreed with this answer

  10. How can insurance fin out about past driving records for a personal injury lawsuit?

    Answered about 2 years ago.

    1. Eric Edward Rothstein
    2. Yefim Rubinov
    3. Brian C. Pascale
    4. Michael J Palumbo
    5. Robert Bruce Kopelson
    6. ···
    8 lawyer answers

    You indicate that you have filed suit already. In that case, you really need to be advised by your current attorney. You are on a number of topics here and only your attorney has the big picture and can properly advise you. Why are you not asking him/her? If you have, the second question is why are you not listening to his/her advice. Perhaps its time to find a new attorney?

    10 lawyers agreed with this answer