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Rafael Omar Gomez

Rafael Gomez’s Answers

136 total


  • Child lead poisoning

    My family has Ben resting an older house for about a year now, we found out my son has lead poisoning, the county environmental team came and inspected the house and found lead paint had been used on the house. Our lease has nothing stating "lead ...

    Rafael’s Answer

    Lead paint poisoning cases are essentially premises liability cases. A property owner had a duty to ensure the property is habitable and free and clear of dangerous and hazardous conditions. In 1996 a law went into effect requiring lessors of property to advise tenants if there is lead paint in the house and to provide a pamphlet about the hazards of lead in older homes. It sounds like this was not done. These cases can be tricky and you should consult with an attorney as soon as possible to discuss your situation and whether a premises liability case can be made for you. Right now you should focus on the recommendations of the medical providers to help reduce the potential effect the lead exposure will have on your child. The right attorney will guide you through protecting your child's right to compensation if possible.

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  • Do I have a lawsuit RN blew my vein I'm in awful pain and the bruising is terrible?

    This happened on 05/7/14 and it is now the 11 my arm looks so bruised I'm embarrassed people stare like if I've been taking drugs I feel in fact that this nurse blew my veins in my right arm do I have a case because the pain I'm feeling they shoul...

    Rafael’s Answer

    It is a little too early to tell if you have a viable case. The facts so far at least warrant more investigation because there are certain situations where liability may attach for negligence in placing an IV. You should consult with an attorney who can talk to you about the process of evaluating a med mal case and whether you truly have something to pursue. I am sorry for what happened to you and hopefully you heal so and don't have any residual effect.

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  • I have been working for the same company for 2 1/2 years and have never had a review for a raise. Is that legal?

    There are people that started after I did and make more an hour than I do and I have 2 children and they all still live at home.

    Rafael’s Answer

    If you are an employee at will then your employer has the right to maintain your wages at the same rate as long as it complies with State and Federal Minimum wage laws. However, if your wage issue is based on a discriminatory reason then the employer may be liable for treating you differently if you are within one of the protected classes.

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  • If I am in surgery can I be burned and given no explanation of how it why

    I was in surgery for double mastectomy and cane out at his a burn in an area that was not being operated on. It is not healing well and this took place April 15, 2014. What can I do about it because know one has been able to give explanation of ho...

    Rafael’s Answer

    • Selected as best answer

    It sounds like there is something here which warrants investigation. You should take photos of the area to show the progression of the healing and make sure you see a medical provider who can document the burn and the extent of same. Also, consult with medical malpractice attorney as soon as possible to help you in the evaluation of this possible claim. A major consideration will be the outcome of the burn, whether you develop problems in that area, scarring, etc... Our office, as most, will provide a free consultation to discuss your rights and possible claim.

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  • Not sure what a classification means?

    Hi I got hurt almost 5years ago at my old job. I've had 4surgeries on my ankle. I went to my dr for permanent loss of use and he ended up giving me a classification which I don't understand? Help

    Rafael’s Answer

    Your question needs some clarification because I do not exactly understand what you are asking. Do you want to know what a classification is? Or, do you want to know what happens next?
    A classification is a determination from the doctor about whether your injury is permanent and the percentage of limitation. This is what will be used to determine what award, if any, you may be entitled to for your injury. If you do not have a lawyer yet I would strongly recommend you get one to assist in the negotiation with the insurance company for your employer. Our office handles Workers' Compensation.

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  • I was wondering if I should file a lawsuit. I was severely injured at work in my dominate hand.

    I was about half way through my normal shift at work. I'm a bread baker. I lifted the mixers lid and the large dough hook stopped spinning so I proceeded to reach into the mixer bowl for the dough when the hook suddenly turned back on and pulled t...

    Rafael’s Answer

    Sometimes machines do not do what they are supposed to and people get hurt. You should consult with an attorney right away because a thorough investigation into the mixer will need to be conducted to see if you have a claim. Time is of the essence in these types of claims to evaluate the facts and determine of there is a basis for a products liability claim. Our office as most will provide a free consultation to discuss your options regarding the workers compensation claim and the possible action against the mixer manufacturer.

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  • Accident report. question

    I was. a passenger in a accident and received injuries. that are permanent brain injuries facial .scarring .broken nose in five places .ect.I have. a lawyer but don't feal he's doing everything right.The person driving the car i was in has 250/50...

    Rafael’s Answer

    The police report itself is not evidence which can be used in the case. However, it does give a good road map of the anticipated versions of the accident. There are a lot of details that go into the evaluation of an individual defendant's potential liability and will have to be based on the actual facts. Your question lacks the details to provide that kind of analysis. If you are unhappy with your lawyer please let that person know and give them a chance to redeem himself or herself. If you feel like that would be pointless than look for a new attorney. It does not cost you any more money to switch lawyers and you are entitled to find someone who is a better fit for your expectations. Our office handles personal injury cases across NY State and we provide free consultations. Good luck.

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  • Workmans comp, I have two injuries from two different employers 4 months apart. Just had surgeries done for both. Last week.

    Both jobs are in the nys pension system.one is fireman and the other is utility authority.How much am I entitled for weekly salary. I get paid$ 930.00 at job 1 ,weekly And receive approximately 1200.00 a week at job 2.Thanks

    Rafael’s Answer

    This question is somewhat unclear. You should consult with your Workers' Compensation attorney. If you do not have one then I advise you get one as soon as possible. The employers will have both counsel and an insurance company working against you so it is important you protect your rights. Our office provides free consultations for these matters.

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  • Need advise for payments

    My company was hired as a contractor to deliver and assemble goods in multiple states. We hired sub contractors to perform the work for us as we don't have employees. The companies we worked for have not paid us and are refusing to make payments. ...

    Rafael’s Answer

    You have a complex situation, but one which is not uncommon in commercial litigation. I advise you contact an attorney right away to review the contracts and your situation. There are several options available at this point, and the most likely one is that you will need to sue the company you entered into a contract with to get payment. Typically this will keep the subcontractors at bay while you try to get everyone paid. Our office provides free consults for these types of matters, and you should not wait.

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  • I recently dislocated my knee by slipping on water inside a 7-11. I didn't need surgery but have pain. What can I do?

    I went into the 7-11 to get a coke and when I walked up front to pay I fell at the end of the aisle and this cause my knee to dislocate. I have been to Physical Therapy and an Orthopedist and have all the medical records. I didn't need surgery. ...

    Rafael’s Answer

    You should consult with a personal injury attorney as soon as possible to discuss your rights and potential claims. Our office practices throughout Western New York and we provide free consultations for these types of matters. It is important that you provide all of the details about what occurred and the cause of your fall. The store will only be liable if it was negligent, and that negligence caused or contributed to your fall.

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