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Thomas Joseph Foley
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Thomas Foley’s Answers

14 total


  • Do you think my lawyer would be offended if I ask for the " Discovery"?

    same question

    Thomas’s Answer

    Offended? It's your case. Ask away. You are entitled to everything.

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  • Lost Wages how long to receive after submitting disability letter?

    When a disability letter is sent to an adjuster,how long does it typically take to receive lost wages? My letter was submitted on December 5 and i still have not received any reimbursement. This is frustrating for injured persons as they have no s...

    Thomas’s Answer

    Tough question to answer. We find that most delays are caused by either the client's employer or the client's doctor failing to timely send in necessary paperwork. I would check with both your doctor and your employer to see if they have sent in the necessary forms.

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  • Do I have a case and who would be responsible the synagogue owner and or the city.

    I am in NY as i was cleaning up after my dog my foot got caught on the concrete lip where trees used to be .The Synagogue recently repaired the sidewalk . The soil in the area is low about 3 to four inches below the concrete . I fell backwards and...

    Thomas’s Answer

    You certainly have a case worth exploring further. Did you take picutres of the sidewalk? This will be very important because any expert will need to see the condition of the sidewalk at the time you fell. This will assist the expert in determining if something was done wrong.

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  • How do i go about suing insurance company for car accident?

    I am from NYC & traveled to florida July 5,2014, my friend picked me up in his car & on the highway the car spun out and flipped over multiple times down the hill of the highway. The car was upside down and i had lost conscious for a few minutes u...

    Thomas’s Answer

    You may not need to sue at all. Your medical bills and lost wages will be covered by the insurance company for the vehicle you were traveling in. If your injuries are significant, you can bring a lawsuit against the driver of the car you were in. His/her insurance company will defend him/her and pay your claim, if warranted.

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  • I am 30 weeks pregnant and fell in a supermarket in Brooklyn, NY. There were no signs/indications of a wet floor. Can I sue?

    30 weeks pregnant transported to local hospital in ambulance.

    Thomas’s Answer

    Yes. You can always sue. However, whether or not you are successful will depend on the factors as set forth by my colleagues. For instance, what caused the wet floor? Did the store have notice of the condition? What are the extent of your injuries? The best advise would be to contact an attorney to help you investigate your case.

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  • Do I have a solid case to take legal action for a traffic accident?

    I had a traffic accident 2 months ago, where a black car driver ran over my foot during a red light. I was crossing the street, and the driver came too fast unable to stop on time and ran over my foot while braking. My roommate was with me and go...

    Thomas’s Answer

    You might. Did you have any diagnostic tests that objectively established an injury? Without "objective" proof of an injury, it might be a tough case to prove.

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  • My handicap daughter broke her tibia while her nurse the school hired was wheeling her through a doorway. Can we sue?

    Is the school liable?

    Thomas’s Answer

    Sure you may have a claim. You need to know that there is time limits on bringing this type of claim, so you need to decide right away.

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  • Rare end case , knee hit dashboard which led to surgery and ten months of therapy. How much should I settled for

    Medial meniscus tear

    Thomas’s Answer

    There are three parts to a successful personal injury case, namely liability, damages and insurance. If one of those pieces are missing, it can impact the entire case. For instance in your case, there is a significant injury and great liability. However, without knowing the amount of insurance available and the insurance carrier, it makes answering your question very difficult.

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  • Can I file a civil suit against someone who assaulted me?

    I was assaulted by an individual, I have a permanent scar from it. The individual is still going through criminal court and the DA is working on getting me a 5 year restraining order. Can i file a civil suit against this individual?

    Thomas’s Answer

    You certainly can file suit against this individual. The question is whether or not it is worth your time and effort. Generally speaking this person will not be able to pay any judgment you obtain against him. If the assault on you occurred as the result of the defendant's intoxication, the case may become more worthy of pursuing. There is a law in New York (dram shop law) that holds tavern owners responsible for the negligent actions of their patrons under certain circumstances.

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  • Is filing a personal injury lawsuit in my case hurtful to another lawsuit I have filed

    I currently have a lawsuit filed against the state of NY in Federal Court for a officers assaulting me (back in August of 2013) which is still on going, which resulted in a number of injuries, as well as for false arrest etc... The criminal case w...

    Thomas’s Answer

    Any person who testifies (at a deposition or trial) is subject to cross examination. A skillful defense attorney could question you about the prior claim and argue to the jury that you are a professional plaintiff. However, if both cases are solid your attorney can make a stronger argument that the defendant should not be absolved from responsibility simply because you were the victim in another matter.

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