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Jeff D. DeFrancisco
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Jeff DeFrancisco’s Answers

8 total

  • How can I get information from the insurance company unless I am a lawyer? I am wondering if I got a settlement and never knew.

    I had a liability suit against an Insurance company, and over the years the case was settled, I have not heard from my attorney and the insurance company will not tell me anything, unless I am an attorney.

    Jeff’s Answer

    For your case to settle, you would have needed to sign a Release. If you did not sign a Release the case did not settle. If you did sign the Release and the attorney forwarded it, the insurance company technically has 21 days to issue the settlement check to the attorney. Typically we have settlement checks in our office within 2 weeks. If a settlement check is more than 21 days then you would be entitled to interest at 9% compounded annually. The settlement checks are also typically written to the attorney/law firm AND the client so technically the attorney cannot deposit the settlement check in their escrow account unless you came in to sign the check or you signed a limited power of attorney to your lawyer giving him authorization to do so. If you did do all of the above and the attorney never forwarded your proceeds then you could have a claim against the lawyer. You really need to confirm what happened first. If the attorney doesn't return your calls, try calling another lawyer.

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  • Farming accident

    On Friday, my 72 yr old grandfather was asked by a local woman to help with her farm. He did so, but in the course of helping her get a hay trailer. They went to her field to retrieve a empty hay trailer, after attaching it to her tractor, she tol...

    Jeff’s Answer

    [removed]

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  • If a driver cuts in front of a bicyclist in a bike lane causing the bicyclist serious harm, does the driver have any liability?

    Bicyclist slammed on brakes to avoid hitting car, pitched over handlebars and broke C2 vertebra in neck. Car did not hit bicyclist although bicyclist ended up with legs under car.

    Jeff’s Answer

    There can clearly be liability there depending on the facts and circumstances. There can also be comparative fault between both the bicyclist and the driver, again, depending on the facts. The case is definitely worth being investigated.

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  • What should I do???

    I was dropping my kids off at daycare and when returning to my car I tripped over a crack in the side walk which resulted in me tearing the tendon in my elbow to wrist. This has left me with limitations of use with my left arm and hand and most li...

    Jeff’s Answer

    Your case is definitely worth looking into. My office is located in Syracuse if you would like to discuss this matter further. Jeff 479-9000

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  • Just wondering if I can sue the landlord and property management company too for my injuries from my fall down my front steps?

    I fell down my outside stairs and I sprained my ankle very bad from the fall and may have torn ligaments in my ankle and foot,I have now been pulled out of work because of this injury and the property management company has been notified several d...

    Jeff’s Answer

    Property owners (including landlords) are under the duty to maintain their premises in a reasonably safe condition. The fact that you have notified your landlord that the railing was broken and the stairs were in a poor condition really put the landlord on notice of the defect and clearly something should have been done sooner. Potentially both the landlord and the property management company could be responsible for your injuries. If suit is filed, both would need to be named as parties to the case. My law office is in Syracuse if you wish to discuss this further. www.defranciscolaw.com or 315-479-9000

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  • My father died a week ago. He was on chemotherapy. After his third dose, he got sick and went into renal failure. While he

    was in the hospital. the oncologist kept saying "I overdosed him" and "I never put any of my patients in the hospital", "I guess you could sue me if you want" I asked to see my dad's records as I am the health care agent and they refused. ...

    Jeff’s Answer

    Whether you have a case will depend on a few things. Obviously your father was sick with his underlining cancer. Depending on the type of cancer, his prognosis, and age, those would play factors into whether a viable case exists. As sad as this sounds if your father had end stage cancer and was going to pass irregardless of the overdose then in the eyes of the law there are no additional injuries. On the other hand if he had a good prognosis but for the overdose it would definitely be worth investigating.

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  • Should i hire a malpractice attorney????

    I went to the er with abdominal pain and bleeding. i was told i was pregnant and it was possible i was having a miscarriage after tests they decided that they wld keep me over night. something was seen that could be on or in my falopian tube but t...

    Jeff’s Answer

    It sounds like you had an ectopic pregnancy that was missed. My office has handled those types of cases before if you are interested in speaking to us. Our law office number is 315-479-9000. Jeff

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  • What is the law in nys on who is intitled to a settlement on a wrongful death lawsuit

    mom,dsd

    Jeff’s Answer

    The Estates Procedures and Trusts Law (EPTL) will also tell you who would be entitled to the proceeds in an estate if there is no Will.

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