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Carol Lynn Schlitt

Carol Schlitt’s Answers

170 total

  • Received a summon stating that someone fall on my business property. As it happened , a person was a salesperson of one of vendo

    Can I reply personally? Summon claims that location was in a hazardous,dangerous and defective condition. Apparently sales person tried to go in a basement without our permission. And while doing that a person fall. Summon does not specifically a...

    Carol’s Answer

    If you received a summons, most likely that means someone has filed a lawsuit against you. I strongly urge you to notify your insurance company. Failure to do so will result in them disclaiming you, which could put you at financial risk. And your insurance company will provide legal representation to handle this claim.

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  • Should we sue

    Wife was rear ended and she hit her face on the steering wheel. Hospital said all was ok but now she's having back problems. She's had multiple MRI and she's been in therapy.

    Carol’s Answer

    I am sorry to hear about your wife's injury.

    If you have not already done so, make sure to notify your insurance company that she needs No Fault coverage. You will receive that through your auto insurance company and it will pay for medical expenses, lost wages and related expenses.

    Your wife may have the basis for a claim. She will need to prove the liability of the driver who hit her, which is easy, thought not guaranteed, if she was hit in the rear. She will need to prove that the crash caused her injuries. That will depend on the medical records and if her doctors link the injuries to the crash. And, because this is New York, she will need to demonstrate that her injuries meet the State definition of a serious injury. It is impossible to say at this point if she will as she is still receiving treatment.

    I strongly recommend that you speak to a personal injury attorney about this claim. The attorney can help assess the claim and give you the best advice about moving forward, but it sounds like a claim worth pursuing to me. That consultation should be free.

    I hope this information helps and I hope your wife is able to make a full and fast recovery.

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  • Do I have a case?

    I was a patron at a bar. The night was coming to an end. They asked me to restock beer for them(I've done in the past). I was pretty intoxicated but said yes. This was the only place I was that night mind you I had come straight from work. On my w...

    Carol’s Answer

    I am sorry to hear about the ordeal you have suffered. You might very well have a case if you fell because of some defect or the conditions of the bar. Obviously, there are complications because of your drinking and doing work for them. I cannot give you a more definitive answer without knowing more details.
    My advice: speak to a personal injury attorney as soon as possible. The consultation should be free. The attorney will help you assess the situation and advise you on the best way to move forward.

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  • Personal injury

    What do lawyers hope to accomplish at the final pretrial conference and do the judge makes any suggestions

    Carol’s Answer

    The more pertinent question would be what does your lawyer hope to accomplish at a pretrial conference. Let me offer you some general information.

    First, let’s explain the pre-trial conference. Once a case has been added to the court calendar, the court may schedule a pre-trial conference. The attorneys for all the parties in the case will attend the conference. There may be more than one pre-trial conference depending on how long the wait for trial is and how busy the court calendar is. As the actual trial date approaches, the judge will use the pre-trial conference to plan the trial.

    What happens at the pre-trial conference will vary greatly. Sometimes a judge will meet with the attorneys to ask about settlement talks and the judge may take an active role in trying to mediate a settlement. The judge may put pressure on one or both sides to alter their position. I always find it helpful when a judge requires the adjuster for the defendant’s insurance company to attend or be available by phone because that puts all the decision makers in the same room.

    Too often, nothing happens at many pre-trial conferences. Some defense firms may send associates with no knowledge of the case or the adjuster may not have given the defense lawyer authority to negotiate a settlement. Judges are often too busy and the court calendar too crowded for a judge to get involved at each pre-trial conference.

    Most attorneys have a good idea what will happen at the pre-trial conference and know whether the other side is ready to negotiate. So we come back to the beginning with the suggestion that your attorney should explain to you what he or she expects to accomplish.

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  • What is the time limitation to file a malpractice lawsuit in NY?

    Doctor upset because patient complains about poor treatment by staff. Does not treat patient. Patient has multiply surgeries later after 2nd opinion.

    Carol’s Answer

    The statute of limitations for filing a medical malpractice lawsuit in New York is two and half years from the incident or from the end of continuous treatment. There are exceptions including one for a victim under the age of 18.

    My best advice is to call NY medical malpractice attorney and discuss your case. That consultation should be free and the attorney can answer your questions with more knowledge of your specific situation.

    I hope this helps.

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  • I fell on ice in the driveway where I live. The driveway was not properly cleaned. I would like my medical bills paid .

    Went to ER, had a mild concussion. Notified Landlord but have not heard from them. How do I get them to pay the uncovered expenses and something for my pain..

    Carol’s Answer

    First, I am sorry to hear about your fall and your injuries, though I am glad that you are getting the treatment you need.

    You may be entitled to compensation for your injuries and that compensation would include payment for your medical injuries and your medical expenses as well as any lost wages or other expenses you incur. Snow and ice cases can prove challenging, bu they are winnable. The best advice: consult with a personal injury attorney who has experience winning snow and ice cases and that attorney can help assess your case.

    The landlord may have "Med Pay" insurance, which will cover your medical bills even if the landlord is not at fault. I would speak to an attorney about a possible negligent claim before approaching the landlord's insurance company about Med Pay. If the attorney believes you have a case, then the attorney will also handle the Med-Pay claim. If you do not have a case, then you can still pursue the Med Pay coverage.

    You can find an attorney here on Avvo.

    I hope this information helps and that you are feeling better.

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  • Do I need an attorney for being hit by a car while biking in NYC?

    I was in the bike lane on Jay st. South, Driver was making a right on green onto johnson st. I got hit and flew over the handlebars and landed on my hands. I was bleeding and have minor knicks on my face. I got the information of a witness, (name,...

    Carol’s Answer

    It sounds like you have been through a terrible ordeal. Make sure you get the medical treatment you need, especially for your wrist.

    You automatically qualify for New York No Fault insurance, which will pay for your medical bills, lost wages and related expenses. You will receive that coverage through the insurance company for the car that struck you. You need to notify them right away as you must file a No Fault claim within 30 days of the incident.

    You may have a claim to receive compensation beyond No Fault based on your injuries. I suggest that you speak to a personal injury attorney who has experience with bike accident cases in New York City. That attorney can help you assess your case and help you with filing for No Fault. The consultation should be free.

    I hope this information helps and that you are feeling better.

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  • I had a slip, slip, fall at Kennedy airport by an entrance street. I dislocated my shoulder, fractured my collar bone. i was tol

    I was told that because I didn't take pictures, nor witnesses other than the security camera that does have a video on hold that shows me fallen,and that I don't know what I slipped on that I don't have a case. Do I?

    Carol’s Answer

    You do need to know what caused your fall, but the lac of video or witnesses does not mean that you do not have a valid claim. Witnesses can be fond. Other evidence may exists. A personal injury attorney can build a case for you.
    My best advice: get the medical care that you need and call a personal injury attorney and ask the attorney to help assess our case. That consultation should be free. The lawyer can answer your questions and help determine if you have a claim worth pursuing.
    You can find good attorneys right here on Avvo.
    I hope this information helps.

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  • What process should i take in seeking help in medical injury.

    On Saturday afternoon (03/07/2015) due to my landlord's negligence in clearing the door way/drive way ice, I took a bad fall on the slanted drive way and bruised/fractured my tailbone. Currently I'm facing a whole day worth of pain, prob...

    Carol’s Answer

    I am sorry to hear about your injury. It must be quite difficult at work.

    You should get immediate medical care. You can call your primary care physician and ask for an urgent appointment. If that is not possible, then go to an emergency room or an urgent care center. You want to find out the nature of your injury and the best way to treat it.

    If you believe you fell because of the landlord's negligence, then I wold consult an personal injury attorney immediately. That consultation she be free. The attorney can help you determine if you have a claim and the best way to proceed. You can find a good attorney here on Avvo.

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  • Personal injury

    Is it true that most insurances will not negotiate seriously until after the defense medical exam and if this is true how long after the exam do they reevaluate your case

    Carol’s Answer

    There is no set pattern by which insurance companies respond to a claim. The truth is it varies by claim and insurance company. The best leverage for a plaintiff comes form the willingness to prosecute aggressively and to take a case to trial.

    Some claims can be settled pre-suit and insurance companies will pay good value pre-suit. Other insurance companies will not pay attention until you file suit. Sometimes, filing a suit brings a valid offer; other times the offer does not change from the pre-suit offer. Sometimes, filing suit wakes up the insurance company; other times, it puts them to sleep and they will not pay attention until the case is on the court calendar.

    Sometimes, the insurance company wants to go through depositions and the defense medical exam (DME). Sometimes, the insurance company will not pay attention until the eve of trial when a judge may try to get them to act in a pre-trial conference. As I said int he beginning, the plaintiff should drive the case. An insurance company may be wiling to make an offer, but it will be a low offer. Only the willingness to take a case to trial will force the insurance company to raise their offer. And some cases need to go to trial.

    Speak to your attorney. He or she should know best based on experience and knowledge of your case. I hope all works out well for you.

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