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James D. Kiley

James Kiley’s Answers

421 total


  • 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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  • Can i sue acces - a - ride service for dropping off a client in a wrong place ? if a result was a personal injury ...

    My aunt was rehabbing from back surgery so she uses Access A Ride . One day driver dropped her off ACROSS the avenue from destination ( because he was rushing somewhere else ) . He didnt even check a spot or helped her out . Just left .. ( accordi...

    James’s Answer

    Could be both. If she fell as soon as she exited the car, you could argue that the driver had a duty to ensure she had a safe means of exiting the vehicle. Case against the City would be tough as you must show the City had actual notice against of the sidewalk defect. If she fell in front of a commerical building ( not an owner occupied 1, 2 or 3 family home) then her best course would be to bring a claim against the adjoining landowner, as it would be responsible for defects in the sidewalk in front of its property.

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  • Is there liability against the ambulance personnel and company?

    I had taken too many muscle relaxants and an ambulance was called. In transferring me to a wheelchair, the ambulance personnel dislocated my shoulder.

    James’s Answer

    You have a case. Contact a personal injury attorney.

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  • Do I need an attorney for being hit by a car while biking in NYC?

    I was in the bike lane on Jay st. South, Driver was making a right on green onto johnson st. I got hit and flew over the handlebars and landed on my hands. I was bleeding and have minor knicks on my face. I got the information of a witness, (name,...

    James’s Answer

    You should not be using your parents health insurance. You need to get the accident report which should have the insurance information for the car that struck you. The car insurance will pay the medical bills under the "no fault" coverage. You must promptly make a claim. If you submit the bills to private insurance they will disclaim coverage and by the time you get notified of that, the time to make a claim against the no fault coverage will have expired and you will be left with the bill. You need to be your own advocate. Once you get a claim number from the insurance company, you should contact the billing department at the hospital as well as any other medical providers you have treated with and give them the information. If for some reason the driver was not insured, you are entitle to make a no fault claim against your own car insurance, if either you or a member of your household owns a car. If you have a fracture, you have a good case and you should retain a personal injury attorney immediately.

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  • My parents died 10 years ago ,my sister has been in the home since,the deeds are in their names..she wants to sell what's needed

    What does she have to do to get the house on the market....their are no liens and the house was paid off 20 years ago

    James’s Answer

    Most likely you will need to probate the will of the most recently deceased parent. If he/ she died without a will then you will need to bring a petition for administration of the estate. There may be a chance to sell the house as "heirs at law" without going through probate. Depends on which title company is involved. I would hire a local real estate attorney and ask them if their title company will do that.

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