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Neal A. Goldstein
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Neal Goldstein’s Answers

78 total


  • Do i have a case if i ate chinese food andwent thru anaphaletic shock cause of it?

    i ordered chinese food from a regular spot i get food from. upon eating the meal at home i started to feel itchy and face swelled up. i took pictures. realizing i was having a reaction i called ems and they instructed me to use my epi pen upon ret...

    Neal’s Answer

    Sorry this happened to you. It is unclear from you question if you already knew you had peanut allergies (or was your epi pen for another allergy) and if you notified the place that you were allergic to peanuts. There are many popular Chinese dishes with nuts, and woks are not typically washed between orders. If the eatery was not put on notice that you have the allergy or did not specifically claim on the menu that their dish is nut free I do not think there is a way they can be held responsible.

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  • Car on the street illegally parked and had a rusted piece of fender sticking out and it hits your car.You leave, hit and run?

    If a person leaves, is it hit and run? Say they came back around because the cars were parked on both sides of the street leaving very little room for passage or stopping. No damage done. parked in front of a house with no one there. Only dam...

    Neal’s Answer

    Since the other car was parked, even illegally, you can be found at fault. That is because you were the only vehicle moving in the accident. Leaving the scene of the accident is hit and run--I am assuming since you asked that you did not leave all your information in a note on the other car, since it was unattended.

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  • Slip and fall in Wal-Mart

    I fell in the bathroom in Wal-Mart cause the floor was wet but I fell on my butt didn't make anything of it but 3 hours later I've had to go to the hospital emergency room cause my back and neck was in alot of pain they said I had cotusions in my ...

    Neal’s Answer

    Slip and fall cases can be very difficult. In addition to proving your injuries were caused by the fall, you will need to show that Wal-Mart either knew or should have known about the slippery floor in the bathroom, or they caused the condition themselves. So, if there was just water on the floor because the person before you splashed water from the sink, you do not have a case. But, for example, if there is a broken pipe or leak that you can prove has been there for a week or two, then you may have a case. The best thing to do is contact a local attorney for a free consultation.

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  • I an under investigation for DUI and my car has some damage (no injuries just auto damage to only my car). Will insurance cover?

    Want to know if Progressive will cover the collision damage based on the circumstances? I don't want to call them and ask.

    Neal’s Answer

    Put in the claim, this is usually covered, and you won't know for your policy if you don't ask or try. In general, the two scenarios excluded from coverage would be intentional accidents or those in stolen vehicles.

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  • Is the supermarket responsible if someone breaks into my car in their parking lot ?

    While I was food shopping, someone broke into my car parked in the supermarket parking lot.

    Neal’s Answer

    As has been mentioned probably not. However, if the supermarket had knowledge that there is a high level of crime in their parking lot, it was done by an employee, their lot has inadequate lighting, security or in some way did not protect its customers with prior knowledge of a dangerous situation, then they could be held in part responsible.

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  • Personal injury attorney is neglecting my mother's case (Car accident)

    Hello, my mother's personal injury case (from a car accident in which she was a passenger) has dragged on from the summer of 2008 with no end in sight. We think her attorney wants her to settle for $10000 (this amount was offered as a settlement) ...

    Neal’s Answer

    I agree with everything that has been said and just want to add that if you ultimately think you do want to switch attorneys, this is a right you have and there will not be any extra fees or costs to you. The new attorney will need to agree to work from your original retainer agreement and then work out how to split the fees with the first attorney. We've written a free booklet on this subject which you can download from the link below.

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  • In New York, Westchester County..Can I sue the town/city I live in for going over a pothole that caused my tire to blow out, rim

    To bend and damage to my suspension.. ? I want to know if I have a legal claim against the city or town I reside in for monetary damages caused to my vehicle..? Can I sue the city which is responsible for caring for AND maintaining the roads I ...

    Neal’s Answer

    These cases are very difficult to prove. Especially here in New York this particular winter, where our very cold, snowy winter caused numerous potholes to very quickly litter the streets and highways. As has been said, the municipality overseeing the road must have prior notice of a dangerous condition and reasonable time to make repairs. Find out if the road is overseen by the state, county, town, village or city. Once you determine which government body is responsible, you have, in most cases, 90 days to give them notice of your claim. Each county, town and village has different requirements of what is needed to prove your case.

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  • Is it possible to win a lawsuit if I only have 6 months left til statute of limitations runs out?

    On 10-23-2012 while splitting wood at a home in Nipomo, Ca.I severed my right index finger. Im aware of the fact that on 10-23-14, the 2 year statute of limitation will be over. Since my accident I've been represented & dropped by several law firm...

    Neal’s Answer

    You can still file your lawsuit as long as you are within the 2 years. I would be very careful with a lawyer who tells you your case is a "slam dunk."

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  • Injured my neck on a roller coaster ride, wanted to find out if I can sue the company

    Some months back, I went on a roller coaster and when I come off I started feeling mild pain on my neck but I felt it wasn't something serious so I didn't bother to report it. Lately the pain has been increasing, I was placed on pain medications...

    Neal’s Answer

    Even your own wording sounds like you are not sure the injury is a direct result of the roller coaster ride, which is what you would need to prove. Plus, was there a problem with the roller coaster or some type of malfunction that caused the injury? Were other people injured on the ride? There is a certain amount of risk that everyone takes when they go on a roller coaster ride--that they will get tossed around sharp turns and fly down steep drops. That is why there are usually signs that warn those with back problems, heart problems, etc not to go on ride.

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  • Car accident

    Can someone sue a person because the dog got out on the street?? Basically meaning if a person whom is rushing to drop their kid to school and the dog runs in the street. . Is there room for a law suite if there was no accident?? There was no d...

    Neal’s Answer

    If there was no accident and no injuries, then there are no damages and therefore no reason to sue. Very fortunate no one was hurt! Had there been an accident, it would depend on the specific circumstances and one would need to consult a lawyer--for example, one might ask did the dog have a history of running in the street, what are the local leash laws, was the woman speeding or driving recklessly, etc.

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