William Thomas Mccaffery’s Answers

William Thomas Mccaffery

Garden City Ethics / Professional Responsibility Lawyer.

Contributor Level 5
  1. A neighbor gets hurt on our property. Do I need a defense lawyer for potential lawsuit against us?

    Answered 2 months ago.

    1. William Thomas Mccaffery
    2. Peter Jonathan Gregory
    3. Alan James Brinkmeier
    3 lawyer answers

    Report the potential claim to your insurance company. Your insurance policy may have a requirement that you notify them of a potential claim ASAP - even if no actual claim or lawsuit has yet been brought against you. The insurance company will handle it for you and if you are sued, then the insurance company will provide a lawyer to defend you. If there is a valid claim and the neighbor is entitled to a recovery, your insurance should cover it.

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  2. Do I need an attorney to file a claim in civil court?

    Answered 2 months ago.

    1. William Thomas Mccaffery
    2. Jack Richard Lebowitz
    3. Eric Edward Rothstein
    3 lawyer answers

    Not unless you are suing as a corporation. Otherwise, you are free to represent yourself. The term used when a party represents himself/herself is "pro se" so you may hear this term as you proceed. Sometimes it sounds like a good idea to represent yourself, but often times you are better served to have an attorney represent you. If you haven't already spoken with an attorney, you should speak to a few before you "go it alone." You might be surprised and find the representation costs to be...

    6 lawyers agreed with this answer

  3. Insurance says I'm 65% responsible for accident but police report says otherwise .. who is at fault?

    Answered 5 months ago.

    1. William Thomas Mccaffery
    2. Eric Edward Rothstein
    3. Craig A. Post
    4. Lily Aminova
    5. Gregory Scott Young
    6. ···
    6 lawyer answers

    There is no correct answer. Only a jury can make a final determination of the parties percentages of liability. It sounds like the insurance company is adhering to a common formula of 2/3 - 1/3 liability in the case of an intersection accident, where the intersection is controlled by a stop sign ( i.e., you had the stop sign, so you're 2/3 at fault). This is a common approach, but it's not necessarily accurate, as you know. For example, if the other vehicle was speeding, then its percentage of...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Can lawyer refuse to sign a substituion form after submitting a motion to withdraw?

    Answered 5 months ago.

    1. William Thomas Mccaffery
    2. Eric Edward Rothstein
    3. Jennifer L. Ellis
    3 lawyer answers

    Your question presents many issues. I'll address one. Presumably his motion will be granted on Monday. Your new attorney can then appear on your behalf without the need for the prior attorney to sign the consent to change attorney form. Speak with your new attorney about it. Good luck.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Can my lawyer sue my insurance for underinsured motorist? On top of the 25000k from the defendants insurance?

    Answered about 2 months ago.

    1. William Thomas Mccaffery
    2. Eric Edward Rothstein
    3. Brian C. Pascale
    4. Anthony A. Ferrante
    4 lawyer answers

    You must have Supplemental Underinsured Mortorist (SUM) coverage on your policy in order to pursue a claim for it. If you do have such coverage, then you can only pursue a claim for it if you have recovered the full limits of the liable party's insurance policy (i.e., if the other car has limits of $250,000, you must be paid that full $250,000 before you can pursue an SUM claim against your own insurance carrier for SUM benefits). Not knowing the full details of the case, it's impossible to...

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  6. If Defendant doesn't comply with 1st discovery request should I motion to compel (after good faith effort) or demand more first?

    Answered 4 months ago.

    1. Eric Edward Rothstein
    2. Richard E Weltman
    3. William Thomas Mccaffery
    4. Jeffrey Steven Feinberg
    4 lawyer answers

    If your case is in New York, it is generally a better idea to file a request for a preliminary conference rather than filing a motion. The court will generally convert the motion into a preliminary coference request anyway, so by simply filing the request, you save unnecessary time otherwise spent drafting the motion. Good luck.

    3 lawyers agreed with this answer

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  7. Western New York: resolving difficulties in a stipulation agreement

    Answered 3 months ago.

    1. Lee Michael Huttner
    2. William Thomas Mccaffery
    3. Richard Glenn Elie
    3 lawyer answers

    It seems to fit both categories. Post the question in both categories. The more answers you get, the better! Good luck.

    3 lawyers agreed with this answer

  8. My moms attorney in a medical malpractice case has requested jury at plaintiffs request. What happens next, if no settlement?

    Answered 3 months ago.

    1. Eric Edward Rothstein
    2. Craig A. Post
    3. Mitchell Aaron Nathanson
    4. William Thomas Mccaffery
    5. Zaheer A Shah
    6. ···
    6 lawyer answers

    If the case cannot settle, it will go to trial to be decided by a jury, but there is a often a long delay between when a jury is requested (when the case goes on the court's trial calendar) and the actual trial date. This leaves plenty of time for continued settlement discussions. So the case may yet settle; just because the Note of Issue has been filed and a jury requested does not mean that the case will not be settled. Good luck!

    2 lawyers agreed with this answer

  9. Small business civil litigation - Being sued and bullied by a car insurance company

    Answered 4 months ago.

    1. Eric Edward Rothstein
    2. Mario David Cometti
    3. William Thomas Mccaffery
    3 lawyer answers

    Report the claim to your insurance company. You could lose coverage if you don't timely report a claim that's been asserted against you. Your insurance company will appoint an attorney to defend you; let the attorney handle it.

    2 lawyers agreed with this answer

  10. My lawyer won't return my calls in regards to my settlement. Went to his office and it is completely gone. What do I do?

    Answered 6 months ago.

    1. Eric Edward Rothstein
    2. William Thomas Mccaffery
    3. John Michael Phillips
    4. Anthony Bettencourt Cameron
    4 lawyer answers

    Contact your local bar association (i.e., county bar association). They should be able to help you. If that doesn't work, get a new lawyer to handle it for you. Don't delay!

    2 lawyers agreed with this answer