Rafael Omar Gomez’s Answers

Rafael Omar Gomez

Buffalo Personal Injury Lawyer.

Contributor Level 10
  1. Husband was involved in an auto accident 2 years ago. Geico wont settle.

    Answered over 2 years ago.

    1. Jeffrey Mark Adams
    2. Gregory Scott Gennarelli
    3. Craig A. Post
    4. Christian K. Lassen II
    5. David J. McCormick
    6. ···
    7 lawyer answers

    Under your insurance policy Geico has an obligation to provide you a defense and indemnification up to your limits above $300,000. Any award or judgment in excess of that amount would be the responsibility of your husband. The primary issue for you to be concerned about is the severity of the infant plaintiff's injuries and whether or not there is a chance the case is worth more than the insurance coverage. Geico must attempt to resolve the case within the policy limit if there is sufficient...

    4 lawyers agreed with this answer

  2. I was involved in a head oncollision and the driver in the other vehicle was found 100% at fault can my passenger sue me

    Answered over 2 years ago.

    1. Yefim Rubinov
    2. Eric Edward Rothstein
    3. Kevin Coluccio
    4. Rafael Omar Gomez
    5. Lars A. Lundeen
    6. ···
    6 lawyer answers

    Yes you can be sued but if the evidence is as strong as you say it is then the case against you should not go very far. Your attorney, hired by the insurance company, will have to go through the discovery process and then move for dismissal of the case agyer everyone testifies about the accident.

    4 lawyers agreed with this answer

  3. Can I file a medical malpractice suit against an oral surgeon?

    Answered 6 months ago.

    1. Rafael Omar Gomez
    2. Eric Edward Rothstein
    3. Mario David Cometti
    4. Craig Bernard Mitchell
    5. Michael C. Wild
    6. ···
    6 lawyer answers

    I am sorry for the terrible situation you are dealing with as a result of that treatment. In order to evaluate your case you should consult an attorney as soon as possible to review the records and speak to your new dentist. If there was a deviation from the acceptable standard of care and you were injured as a result then you will have claim.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Workers Compensation Claimant's Medical rights:

    Answered 7 months ago.

    1. Camila P. Medici
    2. Michael S. Welch
    3. Rafael Omar Gomez
    4. Gilbert Earl Fisher
    4 lawyer answers

    Your medical treatment and the tests ordered are between you and the providers. Your attorney only works with the facts given and cannot request a treatment for which there is no medical support because the Board will deny it. I suggest you discuss your situation with your attorney, and if you do not have one, then get one. If you are not happy with the advice of your medical provider you can go get another opinion.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Is my doctor, or any doctor I've seen, liable for medical negligence?

    Answered about 2 years ago.

    1. Ryan M. Finn
    2. Brian C. Pascale
    3. James Mitchell Hoffmann
    4. Joseph Gerard Dell
    5. Rafael Omar Gomez
    6. ···
    6 lawyer answers

    I am sorry for all the troubles you have endured. In order to determine if you have a case you need to consult with an attorney as soon as possible. Our office provides free consultations on these types of cases and the process is explained on how it is determined if you have a case. Your medical records will need to be evaluated by a physician who will identify whether there was a deviation from the acceptable standard of care. If you are interested in pursuing this matter I recommend you seek...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. I have witnesses who state a person was drunk walked into my car I own but was not driving at the moment. Can this person sue me

    Answered over 2 years ago.

    1. Gregory Scott Gennarelli
    2. Christian K. Lassen II
    3. Hee Joong Kim
    4. Manuel Alzamora Juarez
    5. Lars A. Lundeen
    6. ···
    7 lawyer answers

    Yes you can be sued as the owner of the vehicle. However, if the driver of the vehicle did not have your permission to drive it at the time of the accident you have a defense to the claim. Under NY Vehicle & Traffic Law 388 it presumes that anyone driving a vehicle has the permission of the owner. So the burden will be on you to prove the driver did not have permission. Adivse your insurance company immediately about this and an attorney will be assigned to your case to help you fight it.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. I got hurt at work, smashed my right middle finger, which is also my main hand of use, what should I do??????

    Answered 3 months ago.

    1. Rafael Omar Gomez
    2. James Steven Villamar
    3. Michael S. Welch
    4. Michael C. Wild
    5. Jerry Anthony Gambino
    6. ···
    6 lawyer answers

    This is a workers compensation case which will be dependent on how hurt you are from the accident. There may also be a potential claim against machine manufacturer depending on how accident happened and if there was a defect in design or manufacture. Consult with an attorney as soon as possible.

    3 lawyers agreed with this answer

  8. Got hit by car while biking over weekend. I fractured my ankle and they performed surgery immediately. No fault question.

    Answered 6 months ago.

    1. David Ian Schoen
    2. Jeffrey Mark Adams
    3. Rafael Omar Gomez
    4. Carol Lynn Schlitt
    5. Michael Evan Greenspan
    6. ···
    10 lawyer answers

    You have presented very good questions. No Fault and liability are separate, even in a case like this where the offending driver's carrier is paying your bills and reviewing your claim for personal injury. There will be two different adjusters assigned to the matter with different responsibilities from your claim. No Fault will only cover up to $50,000 of medical bills and expenses, mileage and lost wages. If the policy has additional personal injury protection then there may be more...

    3 lawyers agreed with this answer

  9. Do I have a case sister dies from a botched up surgery

    Answered 7 months ago.

    1. Michael Charles Conway
    2. Eric Edward Rothstein
    3. Michael C. Wild
    4. John L. Schroeder
    5. Zaheer A Shah
    6. ···
    10 lawyer answers

    You should consult with a medical malpractice attorney. These types of cases require a close investigation and the proper experts to develop.

    3 lawyers agreed with this answer

  10. Accident report. question

    Answered about 1 year ago.

    1. Michael Evan Greenspan
    2. Craig A. Post
    3. Spencer M. Fein
    4. David Ian Schoen
    5. Jeffrey Mark Adams
    6. ···
    8 lawyer answers

    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...

    3 lawyers agreed with this answer