William G. Mccabe's Answers

Personal Injury/ Premises Liability: Would this be considered a "hazardous/dangerous condition" and why?

Your picture of the porch, although an important piece of evidence, is not sufficient to determine whether a dangerous condition exists. In order to determine that it would have to be proposed to either a Judge or a jury. A Judge, if aksed to do so, might determine that a dangerous condition exists as a matter of law. However, without that ruling your question is unable to be answered. Your provided photograph does seem to depict a porch of questionable safety and if in fact someone was...

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I found a full length press on nail, glue attached, in my drink, at a restaurant after i drank from it. Can I sue?

The proper question is not "Can I sue?" The better question is should you sue. In order to "sue" you need only file certain paperwork and pay a fee. The real issue is would it be worth it. In order to be compensated through litigation you need to have been injured in some manner. What are your injuries?

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Do i need dental malpractice attorney?

There are many attorneys that view dental malpractice cases as too small to handle. However, that is not always the proper evaluation. Dentists as with any medical practitioners are required to practice within a certain standard of care. If a dentist fails to render treatment within that standard of care it is considered malpractice. There are two steps to proving a dental malpractice case. Firstly it must be proven that the dentist deviated from the accepted standard of care and secondly that...

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Auto accident

Generally in situations like yours the police reports are not accurate. Stories differ between the involved drivers. Your insurance company should appoint you an attorney, depending on your policy. Typically these attorneys are capable and will represent you adequately. However, make sure you speak with your attorney prior to giving any satements.

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Do I need a legal representative if a family member has been diagnosed with lung cancer but had the symptoms way before?

You should contact an attorney immediately in order to determine if there is a case or not. You state that your grandfather had early symptoms of lung cacer. What were these symtoms? If the symptoms you are speaking of are consistent with lung cancer there may be a failure to diagnose issue. Further, it must be determined if in fact there were symptoms would an earlier diagnoses have allowed for treatment and increased the chances of success. If you would like to discuss the case further please...

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Do I need a defense attorney in a pedestrian claiming personal injury against a bicycle(me)

At this point there is technically no lawsuit pending against you unless you have been served with a Summons and Complaint. The attorney representing the pedestrian may not pursue the matter as you do not have enough assets to collect against. Therefore, a lawsuit mat never be filed. A possible course of action is to wait and see if you are served with a Summons and Complaint and if that occurs you should immediately contact an attorney.

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How long does a New York personal injury case usually take?

It is extremely difficult for an attorney to estimate the timing of a personal injury case in New York. There are many factors that are considered in a lawsuit such as which insurance company you are dealing with to which medical office you are treating with. As a result of the myriad of reasons leading to the speed in which a case will be resolved attorneys are hesitant to speculate. More likely than not the plaintiff's attorney is pursuing the case as aggresively and quickly as possible....

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While shopping the store elevator doors closed on my child's head, can I pursue a claim against the store a

You may have a case against the retailer, JC Penny, as well as the elevator repair firm. TThere are various questions that need answers. We have a contact number to answer any questions you have.

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I'm getting a settlement for an accident that was yrs ago when I lived with my now ex-boyfriend, are they entitled to any of it?

Not sure of the law in your State, however I doubt that a non-spouse is entitled to any of the recovery unless there is some sort of common law marriage situation. Ask your attorney assuming you had one handle your accident case.

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Can I Sue My Dentist For Negligence?

As stated in one of the previous answers, yes you can sue. The quesion is will you be successful and will it be worht the time and money needed. I have been handling dental malpractice cases for many years. Your particular situation sounds like the damages are very limited and it may not be worth the time and money to pursue. However, you are willing to call my firm at 718-897-2211 to discuss this further. Additionally, there are other avenues you can pursue such as contacting the dentist's...