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Rafael Omar Gomez

Rafael Gomez’s Answers

136 total


  • My daughter was hit by an SUV Escalade on a pedestrian crossing that was displaying safe to walk.

    She was 14 years old, in March 2013 crossing a road independently with the white sign - safe to cross. The driver obviously didnt see her and knocked her to the floor. She was taken by ambulance to hospital, no broken bones, but spent several w...

    Rafael’s Answer

    In a case like this it is important to review all of the medical records to determine if your daughter has a viable case and the value of same. Under NY Insurance Law 5102(d) your daughter will need to establish she has a serious injury to get a recovery. There are some automatic qualifying injuries, but it does not sound like she has one. A lawyer will be able to evaluate the case for you and the potential damages to which she may be entitled. There are no guarantees it will result in more money for your daughter. In this situation I enter into an agreement to only take a contingency fee on the amount above what has been offered to date. So there is no downside to retaining a lawyer to assist you and your daughter in this situation. Our office provides free consultations for these types of matters.

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  • Slipped and fell on ice in the parking lot of my apartment complex.

    The sidewalks and other areas of the complex were covered in thick icy mixture due to the thaw and refreeze that occurred over the weekend. No salt or plowing was done to clear it on Sunday. I fractured my right wrist (i am right handed) and will ...

    Rafael’s Answer

    A property owner has a duty to keep the property free and clear of dangerous and hazardous conditions. It sounds like this was not done in your situation. You should consult with an attorney as soon as possible to investigate your potential case. M

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  • Slip and fall

    A friend fell and broke his arm on ice at a town parking lot Should he consult an attorney

    Rafael’s Answer

    There are a few factors that go into evaluating whether there is a claim. Based on what you have indicated so far it is definitely worthwhile to consult with an attorney to determine if there is a viable case. There are time constraints in bringing a case against a town so your friend should reach out to an attorney as soon as possible.

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  • Do I have grounds for a lawsuit for my son due to personal injury?

    Over Labor Day , my son was on a bike ride with friends, he rode past a concrete barrier and ripped his leg open due to the sharp corners. He lost a lot of blood! An ambulance was called and he went to Children's Hospital needing over 30 stitches....

    Rafael’s Answer

    There may be a potential claim here, but you should consult with an attorney to discuss this in detail to determine if there is something to pursue. I would advise you contact someone as soon as possible as there is a 90 day time frame to place a municipality on notice of a claim. As you are beyond the 90 days, an application to file a late notice of claim will be necessary. This assumes it was a municipality that was responsible for the concrete barrier. If the accident happened on private property there will be no requirement for a notice of claim. My office, as most, will provide a free consultation for matters like this one. Good luck and I hope your son is doing better.

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  • Can i sue my doctor for malpractice case while im on worker's comp.

    had ankle fusion ,radiographs showed hardware failure. nonunion tibiotalar joint, and collapse of the talus and subtalar arthritic collapse as well. now i need a tibiotalocalcaneal fusion using bone graft

    Rafael’s Answer

    • Selected as best answer

    The fact you are receiving Workers Compensation benefits does not prevent you from bringing a claim for medical malpractice. However, the insurance company will have a lien if it paid for any benefits arising out of the malpractice against any recovery against the medical provider. I recommend you meet with an attorney to discuss your case and all of the potential issues. Our office, as most, provides free consultations for these type of matters. Good luck.

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  • 66 year old woman 15 day hospital stay resulted in stage 2 bedsores.

    admitted to hospital to stabilize sodium levels, admitted 15 days, non ICU. Total immobility entire length of stay, hospital staff barely assisted patient using restroom or bedpan. When visiting we timed the response for bathroom assistance to 4...

    Rafael’s Answer

    The evaluation of this potential claims requires more details. On its face it sounds like there may be something. If you wish to look into this further I advise you contact an attorney as soon as possible. Most attorneys will provide a free consultation as we do in our office.

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  • Is it legal to be fired while on maternity leave only 18 days after the birth of your child?

    I was working at a collections agency and they sent me a termination letter only 18 days after my son was born, they said I wasnt covered by the family medical leave act. They also told my unemployment agent I quit now my unemployment benefits are...

    Rafael’s Answer

    It sounds like you may be protected under the Pregnancy Discrimination Act and the Family Medical Leave Act. However more details are necessary to give you proper advice. Our office provides free consultations for these types of cases. Feel free to contact us for an appointment if you wish to pursue this claim. There are time limits for you to bring a proper claim so I would advise you to act sooner than later.

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  • Is there such a thing as wrongful dismissal from employment?

    I am seeking advice regarding termination from employment. I was told on December 3, 2013, that i was being terminated from my job as Director of Emergency Department. I had been badgered regarding resigning in the past and my working conditions ...

    Rafael’s Answer

    You appear to have a complicated situation which requires more details to provide sound advice. Our office provides free consultations and I would be more than happy to discuss your situation further.

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  • Spinal fusion after car accident

    Involved in an auto accident last year, the other driver was at fault. Month after accident had an mri due to pain and numbness radiating down shoulder. MRI showed large herniation at C6/7 level and small on c7/t1. I did conservative treatment for...

    Rafael’s Answer

    Under NY Insurance law you can request written proof of all available insurance coverage to satisfy any claim against the driver who caused your accident. So you are not limited to the "word" of the adjuster in making you an offer that this is all that is available. Also, you may have coverage available through your insurance which is called supplemental uninsured/underinsured motorist coverage which would be in addition to the $25,000 if that is all that is truly available. I would advise you consult with an attorney to make sure all of your legal rights are preserved and you get the full recovery you deserve for this terrible accident. Our office works all across New York State and would be more than happy to provide you a free consultation to investigate this further. Good luck.

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  • How long does it take for a car accident settlement take from 2 yrs ago ?

    I have 2 herniated discs in neck 3buldgeing With no surgery! Been out of work for 2 years!

    Rafael’s Answer

    There are a lot of factors that can dictate whether you will receive a settlement or will need to take your case to trial to win an award. A personal injury case can take anywhere from 2-5 years depending on type of accident, injuries and the insurance company on the other side. If you are Not satisfied with the way your attorney is handling the case contact the attorney and ask for a meeting to get an update. If you are still hesitant of continuing with that attorney than consult with another attorney about taking the case over. There is no additional cost to you to change attorneys and you may benefit from finding someone who will communicate better with you.

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