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James Edward Morris

James Morris’s Answers

35 total

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

    I have had 3 accidents this year. One In January of 2012, I was rear ended which caused me more issues. I had one in March of 2012 I was at fault. I ran into the side of a ladys car due to defective tires,and one accident in may of 2012, a man ran...

    James’s Answer

    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.

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

    I was the pedestrian and hit by a car. The driver have Geico insurance and they agree to give me the full policy which is $25,000. How much a lawyer can take out for legal expenses plus 1/3 since we didn't go to court. I already sign the release f...

    James’s Answer

    • Selected as best answer

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

    my case is 6 years old . Ive had shoulder surgery and lower hernaited disk and nerve issues. The lawyer is saying ive waited to long to go to the drs. Which i was 4 months pregnant the drs didnt want to do everything to after. Then i kept telling ...

    James’s Answer

    • Selected as best answer

    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 offer presented or agree with you that the offer is not sufficient. You also have the right to retain the new lawyer to handle your case and your prior lawyer would have a lien on your file for the services provided.

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  • Can I sue my landlord

    I slipped on ice in my driveway and herniated a disc in my lower back. I have been unable to work since, have lost my job, and Im looking at back surgery next month or two. Physical therapy has not helped, lumbar injections have not helped.

    James’s Answer

    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 you may not be entitled to a recovery. I am located in Buffalo New York and I do handle cases in Olean. Please call me at 716-855-1118 if you wish to discuss your case further. You should consult a lawyer. James Morris

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  • Personal Injury involving entrance of an apartment, walkway and steps

    I would like some honest answers here. Please understand that I am not putting attorneys under the bus. We all know that there are a handful that don't quite know what they are doing. Young adult mid 20's has permanent nerve involving the wris...

    James’s Answer

    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 claim of injury resulting from the same condition which would establish notice. The deposition of the defendant can result in admissions that prove notice. I would suggest that you talk to your lawyer and ask the question as to how he or she intends to prove notice and why an expert has not been hired. Many cases involving defective conditions have been established without the incurring the costs of hiring an expert. If the case is still ongoing your lawyer may still be able to retain an expert to testify based upon photographs or other evidence describing the condition.

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  • Bite by a dog

    I have belén bits en by the dog of my neighbour, wat can i do?

    James’s Answer

    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 damages including medical bills, lost wages, pain and suffering and any scarring. It is important to determine if the dog owner has insurance coverage as it can be difficult to recover if the dog owner is not insured. In limited circumstances you can bring a claim against a landlord if the landlord is aware that a tenant has a dangerous dog on the premises.

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  • Can I sue the school ?

    Hello I just wanted to know about something. My son was at soccer tryouts a week ago after school and he was playing on the school field. When he was running there was a ditch in the ground and his foot fell into it and jis knee bent inward and he...

    James’s Answer

    You may be able to bring a lawsuit against the school. A soccer player assumes the ordinary risk of playing soccer which could include a knee injury. You would have to show that the ditch was an unreasonbly dangerous condition on the soccer field. I would suggest that you immediately contact experienced personal injury counsel in your area. Photographs and measurements of the ditch should be taken to prove the dimensions of the ditch. This should be done before the ditch is filled in or changed if possible. Witnesses to your son's injury and the characteristics of the ditch should be identified and statements of those witnesses obtained. Proof of prior complaints concerning the "ditch" would be helpful as well. A notice of claim must be served within 90 days of the accident upon the school district. A late notice of claim can be served under certain circumstances if the case has merit.

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  • 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?

    How is it possible for a property owner to still be liable for an open and obvious condition? I understand that it relieves the duty to warn but why doesn't it relieve the duty to keep the premises safe? I have heard about cases being on 50% -...

    James’s Answer

    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 ground as he or she walks, perhaps looking for traffic or watching another person. If the owner of the gas station knows of the oil spill and fails to clean it up, it is foreseeable to the owner that someone will fall and be injured. The law holds the owner responsible for negligence. The law in New York does reduce the injured party's recovery for their negligence in not recognizing the danger through the defense of culpable conduct. Thus, if the jury finds both parties negligent and assigns 40% of the fault to the injured party, that party will only recover 60% of their damages, such as medical bills and lost wages. Since the owner may have seen the dangerous condition several times and failed to remedy the dangerous condition, the jury may find the owner to be more responsible than a party who may have had only one opportunity to recognize the dangerous condition. If the owner is has insurance the insurance company will retain a lawyer to defend the owner and pay any resulting settlement or verdict.

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  • Can personal injury case be moved to another court and can a judge throw out a jury verdict? If so why and how does it work?

    A person get injured due to an accident. The plaintiff race is a very small percentage in this area. Not saying all the people in the area have a problem with his race but this can play a factor at trial. I understand that the jurors are asked que...

    James’s Answer

    In the event the jury made an award that the trial Judge finds to be insufficient the Judge does have the right to review the award and determine if the award was legally sufficient. In New York State the Judge can order a new trial if there is no rational basis to support the amount of the jury award. The Judge would review the nature and severity of the injuries and damages against other cases where appellate courts have considered the amount of money awarded. If the Judge does not set aside the award the plaintiff's attorney has the right to appeal the award to the Appellate Division. In regard to the racial make up of the jury, the lawyer would have to make any objection during jury selection. For example, if the defense attorney used a preemptory challenge against a juror simply because of the juror's race, that would be improper. A challenge to the racial make up of the entire jury pool is rare but could be made at the time of jury selection. A motion for a change in venue based upon the racial composition of the jury pool could also be made but would most likely be denied, unless there were extraordinary circumstances. An experienced attorney will work to secure a jury that will fairly hear the case.

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  • Is my Job Termination for late reporting wrongful ?

    Hi, I have been employed with a Museum at New York for the last five years as an Unarmed Security Guard and have been terminated recently. I had a number of occurences of being late in the past due to medical problems, and they considered it an...

    James’s Answer

    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, which may provide the real reason you were terminated. The nature of those complaints should be reviewed with a lawyer familiar with employment law. Your medical problems should also be discussed with the lawyer since the Americans with Disabilities Act provides limited protections to employees against discharge. I would suggest that you contact an employment attorney to review these issues.

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