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Thomas Joseph Foley
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Thomas Foley’s Answers

10 total

  • 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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  • CAN A LAW-ENFORCEMENT OFFICERS USE A TEENAGER TO INCRIMINATE SOMEBODY ,BY INSTRUCTING HER_HIM AND WHAT TO SAY , OR WHAT TO ASK ?

    AND MAKE RECORDINGS OF THAT CONVERSATIONS AND LATER USE THEM IN A TRIAL ?

    Thomas’s Answer

    Based upon those facts, it seems like this would be admissible. Of course, although admissible the testimony may not be reliable.

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  • I live in NY. I slipped on loose gravel and broke my ankle in two places at Safari Park West, in Santa Rosa. My husband did

    Not take pictures. We were very upset. I had never even thought of suing. The park paid for us to fly home first class. After returning home I realized that my injury was going to cause long term difficulties so I hired a lawyer from a recommendat...

    Thomas’s Answer

    Photos are very important for a variety of reasons. Most importantly, you need to prove that the owner of the location where you fell was negligent in some way. Without photos or measurements, this may be difficult to do. To answer your question, yes you should hire a competent attorney in California.

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  • Can I sue a hotel from fall on their outside grounds

    My husband and I stayed at a hotel in Va. He fell on their property outside on the grass- broke ankle need emergency surgery - he had to get a plate and pins . He said he felt a divet in grass . He was taken away in an ambulance and not one per...

    Thomas’s Answer

    You can make a claim against the hotel. If the fall was on hotel property, there may be insurance available to you to help with your medical bills. In addition, if it can be shown that the hotel was in some way negligent for this condition on the property, you may also pursue a personal injury claim against the hotel.

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  • I WAS INVOLVED IN A TRAFFIC ACCIDENT IN LONG ISLAND, NEW YORK. I NEED AN EXPERIENCED LAWYER WHO CAN HELP ME IN THIS MATTER.

    I WAS DRIVING ON SOUTHERN STATE PARKWAY IN LONG ISLAND ON TUESDAY, MAY 14TH AROUND 9.00 IN THE MORNING. TRAFFIC WAS VERY HEAVY. TRAFFIC WAS MOVING VERY SLOWLY. I HIT THE CAR IN FRONT OF ME WHICH STOPPED SUDDENLY. I DO NOT KNOW WHAT HAPPENED. THE ...

    Thomas’s Answer

    Did the police witness the accident? If not the ticket is subject to dismissal. Was the charge following too closely?

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