James Edward Morris’s Answers

James Edward Morris

Buffalo Car / Auto Accident Lawyer.

Contributor Level 9
  1. How much a NY lawyer can take out legal expenses plus 1/3 from $25,000 Settlement?

    Answered over 2 years ago.

    1. James Edward Morris
    2. Brian C. Pascale
    3. Craig A. Post
    4. Joseph Allen Bollhofer
    5. Daniel C. Minc
    6. ···
    7 lawyer answers

    You should have signed a retainer with the lawyer previously. Under New York law the attorney can take necessary disbursements such as court costs, service of process off the top and then take a one third fee, assuming you signed a retainer. In your case if the disbursements were $1000, the fee would be $8000, or one third of the remaining $24000. Your net recovery would be $16,000., assuming there are no liens on the file. Your attorney can explain the process to you.

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  2. Personal Injury involving entrance of an apartment, walkway and steps

    Answered about 3 years ago.

    1. James Edward Morris
    2. Craig A. Post
    3. Jeffrey Ira Schwimmer
    4. John Gus Zgourides
    5. Benjamin M Pinczewski
    5 lawyer answers

    I do not think there is enough information to render an opinion that an attorney "dropped the ball" in not hiring an expert from the information provided. Your question does not describe the nature of the defect. There is no information as to whether your attorney had obtained photographs and measurements of the condition. There may be witnesses to the nature of the condition and notice to the landlord of the defect who would help to prove liability. For example, there may have been a prior...

    7 lawyers agreed with this answer

  3. I believe my lawyers are not working to my best interest and are just looking to settl because they dont want to go to trial.

    Answered over 3 years ago.

    1. James Edward Morris
    2. Joseph Jonathan Brophy
    3. Marc P. Weingarten
    4. Jeffrey Bruce Gold
    5. Brian C. Pascale
    5 lawyer answers

    Your lawyers know far more about your case than the information that you provide in your question. Therefor it is not appropriate to comment upon their advice without more information. One question that comes to mind is how clear is the liability or legal responsibility of the defendant? The offer of $50,000. may be a good offer if the chances at trial are slim. Another issue is causation - that is did the defendant's actions cause your depression. An evaluation of the medical records...

    7 lawyers agreed with this answer

  4. What can i do if i do not want to settle with the offer my lawyer and the other lawyers want...

    Answered almost 3 years ago.

    1. Brian C. Pascale
    2. Yefim Rubinov
    3. Benjamin C. Rabin
    4. James Edward Morris
    5. Dave Bahr
    6. ···
    6 lawyer answers

    You have the right to decline the offer and go to trial. A delay in treatment can present difficulty in proving that the injury or accident caused the herniated disc. The fact you were pregnant may help explain the delay in treatment as pregnancy itself can cause back pain and mask an injury. I would suggest that you discuss these issues with your current lawyer and if you are not satisified you have the right to retain a different lawyer. The new lawyer could recommend that you accept the...

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  5. Bite by a dog

    Answered about 3 years ago.

    1. James Edward Morris
    2. Jeffrey Ira Schwimmer
    3. Craig A. Post
    4. Hosep J Yepremian
    4 lawyer answers

    You should contact a lawyer that handles dog bite cases if you have a significant injury. In New York State you can recovery against a dog owner if the dog owner knew that the dog had exhibited a vicious propensity. This can be shown through an investigation documenting that the dog had bitten someone before, or proving that the dog had snarled and bared its teeth in a threatening manner in the owner's presence. If you prove vicious propensity, the dog owner is strictly liable for your...

    5 lawyers agreed with this answer

  6. Why does open and obvious defense in a slip and fall only relief the owner of warning but doesn't relief the duty to keep safe?

    Answered about 3 years ago.

    1. James Edward Morris
    2. Jon D. Lichtenstein
    3. Craig A. Post
    4. Jeffrey Ira Schwimmer
    5. Daniel Paul Buttafuoco
    5 lawyer answers

    An owner has a responsibility under New York law to correct unreasonably dangerous conditions on their property. The law recognizes that a customer or visitor may not see or recognize the danger presented. The costs of an injury is often borne by society and taxpayers as a whole, as in the case where the party injured has their medical bills paid by Medicaid. As an example, a large oil spill may be open and obvious in a gas station parking lot. The customer may be looking away from the...

    5 lawyers agreed with this answer

  7. Is my Job Termination for late reporting wrongful ?

    Answered about 3 years ago.

    1. James Edward Morris
    2. Daniel Christopher Knauth
    3. Christian K. Lassen II
    3 lawyer answers

    Your question does not include information important to providing you an answer. If you are a member or a union or have a written contract you may have rights under that contract. If you do not have a contract you are an at will employee and your rights are limited in New York State. An employee at will can be terminated for any reason, so long as the employee is not terminated for an improper reason such as race, color, gender or age. You indicate that you have made complaints to a manager,...

    5 lawyers agreed with this answer

  8. Can I sue my neighbors for emotional harm that exacerbated pre-existing health issues? I am disabled, they've been harassing me.

    Answered over 3 years ago.

    1. Craig A. Post
    2. James Edward Morris
    3. Christian K. Lassen II
    3 lawyer answers

    You may have a claim for intentional infliction of emotional distress. You also may have a action against the wife for slander. If she falsely accused you of being a child molester in front of neighbors, that would be the basis for a claim. The extent of and causation of your health problems will be issues. I would suggest that you promptly contact a local attorney to discuss your case further. The statute of limitations on slander is one year in New York State.

    4 lawyers agreed with this answer

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  9. Can I sue if I was involved in mutiple accidents. I am having pain.

    Answered over 2 years ago.

    1. Craig A. Post
    2. James Edward Morris
    3. David J. McCormick
    4. Andrew Daniel Myers
    5. Bret A. Schnitzer
    5 lawyer answers

    Yes you can sue, but you need to speak to a local and qualified personal injury attorney. New York State has a 3 year Statute of Limitations for personal injury claims so any lawsuit must be filed within 3 years of the date of the accident. A qualified personal injury attorney can work with your doctors to determine the connection between your injuries and your accidents. You may have a right to recovery even if your injuries are aggravations of a preexisting condition.

    3 lawyers agreed with this answer

  10. Can I sue my landlord

    Answered almost 3 years ago.

    1. Robert Lewis Fellows
    2. Daniel James Michalek
    3. Jeffrey Mark Adams
    4. James Edward Morris
    5. Richard Edward Noll
    6. ···
    9 lawyer answers

    You may be able to sue your landlord. The law in New York would require proof that the ice constituted an unreasonably dangerous condition and that your landlord had constructive notice of the condition and failed to apply salt or similar product to remove the ice. A meterologist is sometimes required to prove that the ice was present for a sufficient time to permit the landowner to remove the ice. If the ice resulted from a storm in progress or there was inadequate time to remove the ice...

    3 lawyers agreed with this answer