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Gregory Scott Gennarelli
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Gregory Gennarelli’s Answers

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  • Can I be sued and held liable if my son gets in an accident and I am the one financing the vehicle?

    My son is in his 20s. I am financing the car for him because my credit is better than his, and he will pay me back for the loan. He lives in New York, and I live in California. Can I be held liable for any accident that he may cause? If yes, how c...

    Gregory’s Answer

    If you are the registered or title owner of the vehicle, you are just as responsible as your son if he gets into an accident. New York's Vehicle and Traffic Law section 388 makes the owner of a vehicle responsible for the negligent acts of its driver. Therefore, if he is at fault in an accident, you would be responsible. Moreover, if he is as little as 1% at fault in an accident, you could be responsible for 100% of an injured parties damages. Therefore, adequate insurance coverage is highly recommended.

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  • I have a workers comp case going on and recently got approved for my knee surgery (meniscus) 2 months after the case was open.

    Will my knee ever be the same? And should I talk to a lawyer about disability if it isn't? I'm a union carpenter so I need to be physically fit to thrive.

    Gregory’s Answer

    You could talk to a disability lawyer, but you also may have what's called a third party action if you were injured on a job site. If you fell from a height, or tripped on debris, for example, you could have a claim against the owner and general contractor at the jobsite where you could also seek compensation for your pain, suffering and any economic loss above and beyond the Worker's Compensation benefits. Therefore, if you were hurt on the job, i highly suggest you contact a personal injury lawyer experienced in construction accidents.

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  • When you get into a car accident during work will the insurance company pay your medical ?

    My husband was driving his work truck going to a job and stopped at a light when he was rear ended. His back is bothering him now and wants to be checked out by a doctor. The insurance company says he has to go through workmans comp. why wouldn'...

    Gregory’s Answer

    Workers Comp. will pay for his medical expenses and lost wages. The insurance company for the vehicle that struck him would get involved if he wants to make a claim for personal injuries, pain and suffering and any additional economic loss he may incur as a result of the accident. His chances of success depend on liability, and the extent of his injuries. Since he was hit in the rear while stopped, the liability portion not much of an issue. The extent of his injuries, however, is important to know to be able to determine if he may have a viable personal injury case that would cause the other cars insurance company to compensate him in excess of the Workers Comp. benefits. I suggest that you contact a personal injury attorney to evaluate a potential claim. Good luck.

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  • I was involved in an elevator accident at work. Do I have a case?

    I was in an elevator at work when it the belt snapped and I was dropped 2 floors. I was stuck for a long time with little to no air circulation and was very scared. I am not sure how to react to this but it was very traumatic and I am worried abou...

    Gregory’s Answer

    If you sustained an injury as a result of the incident, you would likely have a viable claim against the owner of the building and the elevator maintenance company. Have have received any medical or psychological treatment as a result of the incident?

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  • Do you have personal injury lawyer

    I have a possible malpractice suit

    Gregory’s Answer

    Use the search function here and find an attorney that handles malpractice cases. There are plenty.

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  • Medical malpractice tolling ground

    Aside the continuing treatment doctrine, in ny law can statute of limitations be tolled till when a plaintiff discovered they were injured?

    Gregory’s Answer

    Generally speaking, the exceptions are for a foreign object, infancy and insanity. However, there has been a lot of litigation and case law on what does or does not constitute a foreign object. Recently, on June 10, 2015, the Court of Appeals (New York's highest Court), once again took up the issue in Walton v. Strong Memorial Hospital. The decision provides a very comprehensive analysis on the issue and goes through what is or is not a foreign object and what criteria should be used in making such a determination. I suggest you, and anyone involved in handling malpractice cases, read it here (http://www.nycourts.gov/reporter/3dseries/2015/2015_04786.htm). The same day the Walton decision came out, the NY Assembly passed Lavern's Law, a bill which was supported by Governor Cuomo and would have tolled the statute of limitations until the date of discovery instead of the date of malpractice or last date of treatment. Unfortunately, the NY State Senate failed to act on the bill and it died. Hopefully it will be taken up again next session, pass, and get signed into law by the Governor, though there is a lobby against it about concerns that insurance premiums will rise. However, it is difficult to understand how any reasonable person could deny a person the right take action or be fairly compensated for injuries that do not manifest for years because the alleged malpractice or injury is hidden or not otherwise discoverable by the patient/victim.

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  • If my child was slightly bitten from a pittbull can I still sue for damages

    3 unleashed pittbulls came to my property chased my 9 yr old and mutilated her bike.. one bit her on the rear slightly.she.was treated in ER and released with antibiotics . .she has little scaring.. i followed through case in animal crt..worked...

    Gregory’s Answer

    If your daughter was bitten by a dog that had "vicious propensities", then the owner of the dog that but you is strictly liable and responsible for any injuries your daughter incurred. Evidence of a vicious propensity can be a prior bite, but it doesn't have to be. Snapping, growling in a menacing way, or killing another dog could be considers vicious. So yes, it sounds like your daughter would have a case but the amount of her potential recovery depends on the a number of factors, the most important two being the extent of her injury/scarring and whether or not the owner has insurance. You should contact an attorney who has previously handled dog bite cases. God luck.

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  • I got into a accident on the 4 of July while a backseat passenger in a cab a car ran a red light & hit my side straight on

    I flew to the other side hitting my shoulder and head I didn't seek immediate help but I told the emt where I was hit my shoulder is in a lot of pain now & I'm going to the emergency room can I sue?

    Gregory’s Answer

    Your success depends on the extent of your injury. In order to recover for your injuries, pain, suffering and any economic loss, you need to be able to show that your injuries are "serious" under the law. To do that, you need medical proof of your injuries, treatment and limitations. If you are having pain, you should go to the doctor and get any treatment, testing and therapy that is indicated. This will go a long way in establishing the extent of your injury. If a lawsuit is brought, you should sue the owners and operators of each car involved in the collision. Good luck.

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  • How do lawyers place a value personal injury case?

    I was in a accident ,I had a knee surgery. I was rear ended by a driver who was intoxicated. Chiropractor treatment for ten months, still strengthening quads & calf muscle. Surgery cost $3,400 and treatment was around $6,500 . One lawyer said he g...

    Gregory’s Answer

    There is no magic formula or chart, but there are many different criteria that go into placing a "value" on your case and maximizing your recovery for the injuries and damages that you sustained as a result of the accident. The first thing you should to maximize your recovery is to hire an experienced lawyer if you haven't already. The insurance company just isn't going to pay you what your case is worth if you try to do it yourself. A good attorney has the ability to maximize your bottom line, and is not afraid to go to trial if a reasonable offer is not made. As for value, looking at other similar cases can be helpful, but by no means does that mean your case is not worth substantially more or substantially less. It is rares that you find two cases are the exactly the same. Some of the factors: the nature of the injury; treatment (surgery vs. non-surgical), therapy, recovery; age, type of employment and status (knee injury is different on a pro athlete than the rest of us), lost time from work; the tpye of case (car accident vs. trip/fall vs. construction accident, etc.); how you would appear to a jury; the insurance company (some are better than others); the amount of coverage available; your likeability (how you'd look to a jury); are just some of the factors. There are too many to list, but attorneys who regularly handle theses case generally know. I recommend you call one. Good luck.

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  • Personal injury mta pedestrian

    i was hit by an mta bus about 6 months ago, had my lower leg injured (tibia and fibula), had to undergo a surgery, was hospitalised for a week and have been bed resting ever since and now I'm finally off my crutches. My lawyer won't tell me what a...

    Gregory’s Answer

    Speak to your lawyer but I wouldn't be concerned. Many lawyers don't state an amount at all in a lawsuit and simply state that the claim is for an amount in excess of the jurisdictional limits of the lower courts, meaning in excess of $25k. With respect to going back to work, it could effect the amount of your claim, but not going back could also effect your bottom line. It is really a decision between you and your doctor. If you stay out of work, you could claim lost earnings related to the accident, but there is no guarantee that you recoup that money. If you lose, you never get that time back. Similarly the defendant in your case could argue that you were "malingering", meaning you stayed out of work or exaggerated your injuries or complaints for financial gain. Some lawyers may tell you otherwise but my view is if you and your doctor feel that you can go back to work and support yourself and your family, you should. Best of luck.

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