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Rafael Omar Gomez

Rafael Gomez’s Answers

137 total


  • 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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  • I was hired to do a wedding at a member onsite property with their own chapel. the steps broke and I broke ankle .what to sue?

    The concrete brick steps broke apart and I broke my ankle, they refuse contact with us but we got the report showing its their fault.

    Rafael’s Answer

    The answer will vary based on who owned the property and who was responsible for stairs. For example, were they temporary stairs brought in for the event? If so then the company who owned would have liability. It is important that you consult with an attorney as soon as possible to help you identify the potentially responsible parties and evaluate your claim. Our office provides free consultations as most personal injury attorneys in the area.

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  • I was riding bicycle with traffic at t intersection driver made left and hit me said sun was in her eyes

    i was knocked unconscious and injured badly. other driver is atty. stated she could not see me due to sun glare no summons issued as of yet

    Rafael’s Answer

    The lack of summons does not mean you do not have any legal recourse. Based on what you have described it sounds like you have a legitimate case and you should retain counsel as soon as possible. Our office provides free legal consultations, as do most personal injury attorneys. There are a variety of time frames that come into play so if you would like to pursue this you should do so quickly. [removed]

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  • Can I get unemployment benefits if I quit my job due to harassment by my boss because of an investigation due to illegal billing

    My boss is being investigated because he allowed unlicensed employees to perform therapy on patients then billed their insurance. I know and can prove that this was done. He is telling me if you can't give names, dates, and times, it didn't happen...

    Rafael’s Answer

    It seems you are in a very difficult position. There may be some Whistleblower protections available to you to assist in bringing to light the activities you identify. I would advise you consult with an attorney as soon as possible to see what legal remedies may be available to you. Our office, as most, will provide a free consultation to help identify if you have a case.

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  • 50 yr old female. THR 5/17/11. my acetabular cup has been misplaced. LLD is due to the cup. Extreme pain in groin.

    Unable to stand or sit for long periods. Had to stop walking 5 miles /day because of pain. I've gained 20 pounds. I need to know if I have a case, even though the docs will never go against one another.

    Rafael’s Answer

    There are a number of different hip replacement devices which are the subject of products liability lawsuits for being defective. As a result additional information is needed about your situation to help determine if you have a viable case. There are specific time limits on your ability to bring a claim depending on your situation so I would advise you consult with an attorney as soon as possible.

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  • I fell in the parking lot where I use to work , also I have injury in my lower back, my 2 hand wrist and my right knee,

    Also I have surgery in both hands and shots in my low back it been over a year out of work. If this is lawsuit and what kind a lawsuit? I'm still on medical treatments for this injury.

    Rafael’s Answer

    There are some missing details from your question which will affect the advice about what you can or cannot do in this situation. I recommend you consult with a personal injury attorney as soon as possible about your potential case. My office provides these type of consultations for free. Good luck.

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  • How long do i have to file a claim for injuries from a car accident

    I was driving straight, and a car from the opposite direction made a left turn and tried to cut across traffic..this occured on 9-08-13. Is it too late to file a claim?

    Rafael’s Answer

    The question seems relatively simple but is complicated by the missing details. First, the statute of limitations to bring a claim for this accident will depend on who the other driver was that hit you. If it was a vehicle owned by a governmental agency, either local, state or federal then the applicable time frame will vary. If it was just another person, then it will be three years from the date of the accident. Where the accident happened will also effect the applicable time frame. There are other matters which you will also need to take into consideration. You should have notified your own insurance company already, and if not, then you should immediately. Also, if you sustained injuries in the accident there are applicable time periods for providing No-Fault insurance with notice and submitting an application to get your No-Fault benefits. However those benefits are assumed if your accident happened here in NY and your vehicle was registered and insured in NY. As you can see there are many things to evaluate and if this is something you want to pursue then I recommend you consult with an attorney. Our office provides free consultations for all NY based personal injury cases and can help you get the advice you are looking for about this accident. Good luck.

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  • I have bad back problems due to car accidents and slip and falls can I become eligible for SSD due to severe back problems ?

    I have been in multiple car accidents,a couple were at fault accidents while the others weren't, I have bad back problems over the years which causing me to almost loose my job, I am working but not sure if I can I can do this any longer, would ...

    Rafael’s Answer

    There are several different issues here which you need to address. Your ability to qualify for SSD will be based on your prior work history, and the extent of your disability. You should consult with an attorney as soon as you get a chance. Our office provides free consultations to discuss what legal remedies are available.

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  • Can I reopen a workers comp ccase in ny from 3 yrs ago.

    Lower back injury and now it's bothering me again after pulling it again but not at work.

    Rafael’s Answer

    It will depend on how you left things with your case. If it is still open, and you have not been using it because you did not require medical treatment and were back to work, then you should still have rights under that claim. It is important you contact an attorney to discuss your rights in this situation. Your employer is provided an attorney from the insurance company and you should have one as well. We provide free consultations on these types of cases to discuss what we can do for you.

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  • Can I sue for injuries sustained in my car accident?

    I was at a complete stop, at a busy intersection while I was suddenly struck from behind. The woman behind me(driving a buick regal) was struck at a high speed by a Ford explorer, which caused the woman in the Buick to hit me. My head was thrashed...

    Rafael’s Answer

    You may have a claim and should contact an attorney as soon as possible. Under NY law you must prove the other driver was negligent in causing the accident. Which seems apparent under your facts. The second part requires that you must have a "serious injury" as defined under the Insurance Law. There are various categories of serious injury, and will be dependent on what was injured and the effect it has on you. Our office provides free consultations and would be more than happy to discuss this further with you.

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