Marco Caviglia’s Answers

Marco Caviglia

Poughkeepsie Personal Injury Lawyer.

Contributor Level 19
  1. My 7 year old daughter was bitten by a neighbors dog, resulting in several thousand $ in medical costs . Can we recover?

    Answered over 1 year ago.

    1. Marco Caviglia
    2. Gregory Scott Gennarelli
    3. Albert Lee Crosner
    4. Larry Van Roberts
    5. Yefim Rubinov
    6. ···
    12 lawyer answers

    Yes. If the owner had reason to know that the dog was or had vicious propensities, s/he is strictly liable. The medical costs may pale in significance compared to the other damages you may be able to collect.

    17 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can alcohol related ACD from Queens almost eight years ago affect my DWI case today in Nassau County ?

    Answered over 1 year ago.

    1. Marco Caviglia
    2. Scott Evan Gross
    3. Howard A. Schwartz
    4. Christopher Irvin Simser
    5. Joseph A Lo Piccolo
    6. ···
    7 lawyer answers

    The prior ACD should have ripened into a dismissal unless you failed to satisfy a condition which was imposed and the DA or court reopened it timely. Your prior incident is not a predicate for any enhanced penalty for your DWI, unless other evidence shows you have a serious drinking problem and he disposition of your current charge is deemed to warrant alcohol counseling, etc.

    17 lawyers agreed with this answer

  3. Immigration and undocumented

    Answered about 1 year ago.

    1. Marco Caviglia
    2. Eric Edward Rothstein
    3. Anu Gupta
    4. Christian K. Lassen II
    5. Simone Rosemarie Coley
    5 lawyer answers

    The charges will be the same as one not an illegal immigrant. For example, if a forged license is used, there would be several crimes involved, at least one a felony. If there was reckless driving, then that charge could be raised. Typically, if it is just a typical accident, there are no criminal charges. Your concern would be what could happen if someone reports that the driver is illegal. In that instance, ICE could become involved.

    16 lawyers agreed with this answer

  4. I went to a casino and they kept giving me free drinks. I spent $6,500 (lost it all) because I was drunk. Date rape? damages?

    Answered about 1 year ago.

    1. Brian Curtis Pascale
    2. Anthony A. Ferrante
    3. Effimia Soter
    4. Christian K. Lassen II
    5. Marco Caviglia
    6. ···
    10 lawyer answers

    You have an interesting theory, but you were too in control of the situation even when you got out of control. But a creative attorney might turn your case into one of first impression similar to the concept behind NY's Dram Shop act. That said, you may be better served by parceling out how much you are OK with losing when gambling, put that in your pocket, and leave all else home, including your credit card. Better yet, take your spouse or significant other with you unless they drink too...

    Selected as best answer

  5. A Goya bottle broke in my hand on 12/10/2011 it caused my to have surgery to try to repair to my nerves in my right hand.

    Answered about 1 year ago.

    1. David Ian Schoen
    2. Jayson Lutzky
    3. Michael R Crosner
    4. Alan James Brinkmeier
    5. Merry Melinda Fountain
    6. ···
    11 lawyer answers

    Is a negotiator a euphemism for someone practicing law without a license? Anyway, get a real attorney who does PI work. It won't cost you anything, so why mess around? The reason the company may not be settling is that our description is the way NEVER to open a jar, as it may cause an unseen fissure in the glass and then you apply your Herculean strength to it and POP goes the weasel. Unfortunately, you have severe injuries, so you should pursue the matter. But you should not recite...

    14 lawyers agreed with this answer

  6. Can my alien wife (German) move with my son to Germany without my permission?

    Answered over 1 year ago.

    1. Marco Caviglia
    2. Howard A. Schwartz
    3. Jean M. Mahserjian
    4. Deborah G. Fiss
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    Obtain a court order through an attorney to prevent her taking the child out of the country without a relocation hearing, assuming NY has jurisdiction through adequate residency of the child. There are also one or two treaties or international compacts that come into play, reinforcing you need of an attorney, but you should act quickly.

    14 lawyers agreed with this answer

  7. Can I sue for injuries sustained in my car accident?

    Answered about 1 year ago.

    1. Marco Caviglia
    2. Eric Edward Rothstein
    3. Jonathan David Marx
    4. George Costas Andriotis
    5. Joshua Richmond Lippes
    6. ···
    12 lawyer answers

    It sounds as if you have a "soft tissue" injury that does not automatically allow you to sue successfully in NY. It will have to be shown that the injury amounts to a "serious injury" as defined by the statute or be subject to a successful dismissal motion. You should contact a personal injury attorney to assess your case, and if s/he thinks it is worthwhile, most likely would be willing to agree to retainer on contingency.

    13 lawyers agreed with this answer

  8. What's going to happen?

    Answered about 1 year ago.

    1. Tatiana Kadetskaya
    2. Brian Andrew Trodden
    3. Michael R Crosner
    4. Philip Anthony Fabiano
    5. Christian K. Lassen II
    6. ···
    7 lawyer answers

    She will most likely be charged with the A misdemeanor of endangering the welfare of a child. She should obtain criminal law counsel.

    13 lawyers agreed with this answer

  9. I was arrested for a dwi and convicted of a dwai traffic infraction.

    Answered about 1 year ago.

    1. Marco Caviglia
    2. Christopher Irvin Simser
    3. Ethan Patrick Meaney
    4. Eric Edward Rothstein
    4 lawyer answers

    A DWAI Alcohol conviction is not a crime in NYS, a violation like many other traffic infractions. While the arrest may have come up, apparently the disposition as a violation did not. If the application asked you about a conviction, then you answered correctly. If you must prove you were only convicted of the violation, obtain a conviction of disposition from the local court in which you were convicted. There is a small fee for the certificate.

    12 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Being charged with 120.00 and 240.26 however, I acted in self defense! Need help understanding my rights!

    Answered over 1 year ago.

    1. Marco Caviglia
    2. Joseph A Lo Piccolo
    3. Jayson Lutzky
    4. Eric Edward Rothstein
    5. John J. Carney
    6. ···
    6 lawyer answers

    Bar room cases are hard to prosecute, but less so if the other party is an employee of the bar. You should assist your attorney by trying to obtain proof you were not drunk (e.g. witnesses unless you had the foresight to get a blood test for BAC level or the officer may agree you did not appear intoxicated), and assemble any evidence to show that there was excessive force. Also, there are probably security tapes which need to be preserved, as bar owners like to have them erased very soon...

    Selected as best answer

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