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Rafael Omar Gomez

Rafael Gomez’s Answers

136 total


  • Pedestrian hit by hit and run cab driver, serious injuries. How can I sue/identify the cab driver?

    I hailed a yellow cab in Manhattan in June, the driver asked where I was going and when I said "Brooklyn" he sped off. My shirt got caught on the vehicle and I was dragged half a block. Thankfully I'm alive but I shattered my collarbone among ot...

    Rafael’s Answer

    Under these circumstances you can make a claim to MVAIC or if you have your own auto insurance you can file a SUM claim. Under NY law you have a qualifying injury to get a recovery. Consult with a personal injury attorney as soon as possible.

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  • Been on comp 2 yrs for a knee injury i am listed at 85% disability i make 639.00 bi weekly on comp how much of a settlement

    i have had 2 surgeries as the first one was messed up by the doctor i believe and now i can not straighten my leg i had a F.C.E. which showed i could not work a secondary job and im listed at 85% disability to the knee what type of settlement shou...

    Rafael’s Answer

    A Worker's Compensation settlement has to take into consideration many factors beyond the pure injury, such as need for future treatment, type of work you can still do, your age, and the opinions of your medical providers as compared to insurance company hired physicians. It is important that you sit down with your attorney and review same before considering any offers to close your case. If you do not have an attorney, then you should get one immediately. Most firms, as ours, will provide a free consultation to discuss your options and the cases are then handled on a contingency basis with required approval of any payments from the Board.

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  • Do I need an Malpractice lawyer

    On July 3 2014 I had an MRI of my right knee. I had been having some problems with it for some time.I went to visit my primary doctor,and she explain the results of my MRI to me. She told me that I have a micro metallic object in my knee,which cam...

    Rafael’s Answer

    There are certain cases where the statute of limitations can be extended in a malpractice case. I would advise you contact an attorney as soon as possible to review your options and whether you have a viable claim.

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  • Can I apply for ssi

    My doctor has me at 45% lose of use of my left foot can I apply for ssi

    Rafael’s Answer

    In order to qualify for SSI you just be unable to work at all and there are monetary considerations as well. The social security website is very helpful and is a good source of information to see if you are eligible. Most attorneys who handle these cases will also provide a free consultation to determine if you have a viable claim.

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  • Question on Medical Malpractice Issue -- Statute of Limitations

    Want to find out if I am out of the Statute of Limitations time -- Buffalo NY

    Rafael’s Answer

    Many issues can effect when the statute of limitations begins to run. It is 2 1/2 years for medical malpractice but depending on the situation that time is extended from the actual malpractice because of continuous treatment. You should consult with an attorney on your situation as soon as possible to determine if you have a claim and if it is timely.

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  • Can i sue my employer for firing me after i got hurt on the job?

    they fired me a week lated after.I called the union and they never helped me liked they said they were going to.So i got a lawyer. and got on comp.

    Rafael’s Answer

    The timing of your termination seems suspect. There are a number of details necessary to evaluate whether you have a claim such as, how long were you working there, was employer on notice of accident and injury, did your injury prevent you from doing your job etc... You should discuss this with your workers compensation attorney who can explain your situation and available remedies, if any. If you are not happy with that attorney then you should seek out a new one. Good luck.

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  • I fell in my neighbors driveway 6 months ago and fractured my wrist. As of this day I still experience pain. What can I do?

    I fell on ice in my next door neighbors drive way 6 months ago, I had to be taken ton the hospital by ambulance. As of this day even though it did heal I experience constant pain and have to get another x ray. Can I do anything about this now.

    Rafael’s Answer

    You have 3 years to bring a negligence claim against your neighbor. In your situation you will need to establish your neighbor knew, or should have known, about the icy condition and failed to remedy it. The issues of how long the ice existed, where it was located an what type of weather was happening at the time of the accident will come into play. I would advise you contact a personal injury attorney in your area as soon as possible to discuss your options and how to proceed.

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  • Need an injury attorney at queens ny feb 27 2014 rear ended to my mercedes s350 15k repair billed paid but

    after accident just x-ray taken at hospital but now have horrible pains at back even can not work car registered to own business and February total income is 15k don't know how to claim this need an attorney can do both injury and cl...

    Rafael’s Answer

    I am sorry for your situation. An accident can cause many financial hardships and stress. You have what sounds like a viable personal injury action and a no fault claim. You should contact an attorney as soon as possible. Most attorneys will provide you with a free consultation to discuss the specifics of your case and how to proceed. This can be a difficult process and a long one so find someone who you enjoy working with and trust. I cannot respond to the direct solicitation but I hope this information helps.

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  • I have a chronic illness that flares up at times and I am unable to work. My employer denied me FMLA now what can I do ?

    In oct 2013 I presented the HR person with forms from the DOH website for intermitant FMLA. She declined to take them even though my doctor had filled them out. I dropped the matter in January I went into a severe flare and could not work. I was g...

    Rafael’s Answer

    Unfortunately there are some details needed to be able to give you proper advice. You are entitled to 12 weeks of FMLA time per 12 month time frame. Your employer has the option of deciding how the 12 month time frame is calculated. So you will need to consult with your employee handbook or ask the HR person. If it is the standard calendar year, meaning from January 1 to December 31st, then you may have exhausted your leave time. Most attorneys will provide you with a free consultation to discuss your situation and determine if there has been any violation of State of Federal law.

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  • My employer forced me to work in unsafe working conditions and would not let us leave if injured is there anything i can do?

    i have seriously injured my fingers and hands by getting them bunt or cut and y emploer would not let me leave work. also one day the gas was left on all night because the stove is broken and i was the one who walked into the restraunt

    Rafael’s Answer

    There are several issues here involving workplace safety, Workers' Compensation and potentially a personal injury action depending on what occurred to you. I would advise you contact an attorney to discuss these issues as soon as possible.

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