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Tanya Gendelman

Tanya Gendelman’s Answers

7 total

  • I need a lawyer. I live in NY, car accident happened in Ca. where do I need to retain a lawyer?

    While on vacation in San pedro, Ca.I was a passenger in a car that was stopped at a red light and was rear ended. Went to hospital, had whip lash and concussion. Four months later my neck still hurts and the insurance co. wants to settle for $3500...

    Tanya’s Answer

    The offer of $3500 does not appear to be sufficient if you are still in pain after four months. You may have serious damages and may require additional medical treatment in the future. Consult with a personal injury attorney in San Pedro, California.

    Tanya Gendelman, Esq.
    www.WeSettle.com

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  • What happens when I don't have money to pay for a personal injury case?

    My dog bite a home aid, 2 month ago. I live in a public housing and living on SSI. It was a minor injury, barely any blood. I did offered medical help but she declined my help and said she has health insurances. She went to the hospital to get her...

    Tanya’s Answer

    This is a civil matter. The home aid may be eligible for worker's compensation benefits under her employer. In addition, she would have to prove liability and permanent damages in order to sue you and win, this may not be easy to do in dog bite cases. If you do get sued by her, you would need to address the matter with a defense attorney, until then, I don't think you should worry about it too much.

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  • Can I sue my apartment management company for getting bed bugs in my apartment? I got terrible bites even after pest control

    Ive never had bed bugs in any apartment ive lived in NYC and when I moved to this old building I got them and pest control came twice and bugs are still there and they said that I need to get rid of my couch which is brand new because it is infect...

    Tanya’s Answer

    Yes, you can sue if you have legal and medical proof. Pictures also help, as well as documented medical records. I just settled a case for a few thousand dollars against a hotel.
    Sincerely,
    Tanya Gendelman, Esq.

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  • My father had a claim pending from a slip and fall accident y recently passed away now the lawyer does not want to continue

    my father had a claim pending from a slip and fall accident y died a month ago and the law firm does not want to proceed with the lawsuit, they advised me to look for another lawyer he slipped in december 2008 and the notice of claim was in feb200...

    Tanya’s Answer

    Sorry to hear about your loss. Your lawyer probably does not want to pursue the claim because now there is an issue of probate, which can be complicated. You may need to spend money on the probate, since your father's claim has to be handled by the Administrator of your Father's Estate, who has to be appointed and/or approved by the Probate Court. Also, without your father as a witness, there may not be enough evidence to prove the case, and/or not enough damages. Feel Free to call my office if you need to discuss this matter further.
    Sincerely,
    Tanya Gendelman, Esq.
    www.wesettleclaims.com

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  • Motorcycle accident

    I was injured in a motorcycle accident. Should I settle it myself, or do I need a lawyer?

    Tanya’s Answer

    It is always advisable to contact a personal injury attorney. You may think tat you can settle the case by yourself, however, there may be issues that you are not aware of. For example, as a general rule, there is no coverage for no-fault benefits for motocycle riders in New York, as such, you may have to pay your own medical bills. If you settle your case for a low amount, you may "get stuck" with high medical bills. Another example is my recent client who filed a lawsuit by himself in an attempt to settle quickly. As it turned out, the insurance company did not settle, the client had filed the lawsuit in a wrong court, the Statute of Limitations has already passed and now he is facing dismissal,medical bills, and zero compensation.

    In the long run, it is most likely that you will not be saving time money by settling the case by yourself, especially, if have been injured.

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  • Under NY civil procedure can I move a auto personal injury case to arbitration

    Do I have a choice to use an arbitrator or not for a personal injury auto accident in NY?

    Tanya’s Answer

    If you are talking about settlement of your personal injuries, you may ask the insurance adjuster to either arbitrate or mediate your case, otherwise, your case should be litigated before a trial judge. If your question involves your no-fault claim, i.e. medical bills or lost wages which have not been paid, the outstanding no-fault claim has to be arbitrated.

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  • Car accident

    Hi! My suv was hit by a car that was supposedly stolen. I say supposedly because the keys where in the car. The driver fled and the owner reported it stolen. The owner claims that he left the keys in the car and went into a building. When he came ...

    Tanya’s Answer

    As a practical matter, I would send a letter to the owner of the stolen car (by Regular and Certified mail), advising him of your position and listing all of the outstading damages that your insurance carrier is not covering. Advice him that unless a reasonable settlement agreement is reached, you intend to bring an action for negligence in Small Claims Court, where you can sue for up to $5,000.00. The men should know better then to leave keys in the car in Brooklyn, NY! If you get a response, try to negotiate, otherwise go to Small Claims and file action, including all of your damages; i.e, deductable, transportation expenses, rental, loss of time from work, etc.

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