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Rafael Omar Gomez
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Rafael Gomez’s Answers

158 total


  • Who would be a good attorney for this case and a figure for a settlement amount as this will have an affect on his future

    my son is 19 he suffered a crush injury to his right foot while working his summer job this happened 6/11/2015 . he has had 5 surgeries so far am unsure how many more he may end up with a partial amputation we are looking for a good attorney for t...

    Rafael’s Answer

    I am so sorry for your family's difficult situation. There are a number of details which need to be determined to figure out if your son has a viable claim or not. There is a significant difference between a third party claim and a workers' compensation claim. I would advise you contact a personal injury attorney to discuss what happened and your options.

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  • What kind of lawyer do I need to address this problem???

    CVS gave me the wrong dose of Risperidone witch I took for 1 month and it caused me to have migraine that wont stop, even though they fixed the problem and admit the mistake.. When my doctor realized what they did he gave them a call and pointed...

    Rafael’s Answer

    You need to consult with a personal injury attorney. At this point I would recommend you cease any further communications with CVS and talk to an attorney. Most attorneys will give you a free consultation and go over your situation and advise how to proceed.

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  • Do I have any legal recourse and if so, what type of lawyer do i need?

    I work in a union shop. 2 months ago, the plant manager and my own department head got rid of work chairs that have been around long before the 17 years i have worked there. They told the other workers is was because of me specifically. This is t...

    Rafael’s Answer

    There are many potential issues here which may create a remedy for you. However, nothing in employment cases is simple. So I would advise you contact an employment attorney for a consultation. Most will meet with you for free to determine if there are any potential options.

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  • What can i do regarding my bosses refusal to pay me overtime and his delay in paying me a check - which turns out, was bogus?

    I was employed by a contacting company - who was paying employees through payroll. he agreed to pay any overtime i worked in straight cash. he never gave me cash for any of my overtime hours. he tried to give me a $20 lottery ticket for pay once. ...

    Rafael’s Answer

    There are a number of protections under State and Federal law to prevent employers from withholding or not paid earned wages. I advise you consult with an attorney as soon as possible. Your circumstances suggest there is a viable claim to be made under the FLSA to recover those unpaid wages, damages and attorney's fees. Most attorneys will provide a free consultation to evaluate your situation.

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  • Strong Hiring Discrimination Case from Big Bank Settlement Amount Estimation? Help Needed

    Im permanent resident muslim girl that wear scarf. I applied for a job with a BIG bank. Human resources were so excited to hire me and offered me the position. I completed all the paper and my national and international back ground check was clear...

    Rafael’s Answer

    I am sorry you are experiencing such difficulty. Under your circumstances I would recommend you contact a local attorney for consultation about your rights. You have asked several questions here, but there are a lot of details missing which an employee attorney will want to know before providing you advice about your options and what can be expected in the process. Good luck.

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  • What is the estimated time for settlement in a case like this? What is the estimated settlement amount in a case like this?

    I was rear ended in June of 2012. I am currently being represented by a local attorney. I was treated for 6 months by a local chiropractor. I was diagnosed with a small fracture in t1 and a few bulging discs. After that, I missed a no fault appoi...

    Rafael’s Answer

    Every case is different and I generally advise clients it can take from 2 to 5 years for a resolution. You should request a meeting with your attorney and discuss these issues with him or her. If you are not happy with the service you are receiving then you are free to find new counsel. There is no additional charge to you for switching attorneys, and sometime a free consultation with another attorney can be helpful to decide if you want to stay or leave. Good luck.

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  • Should i get a lawyer for a workers compensation injury?

    I hurt my shoulder at work eariler in the year and was off for a few months, I was cleared to go back to work but there was still slight pain/numbness i was told it would go away and now here i am currently working but still seeing doctors for mus...

    Rafael’s Answer

    Yes. Your employer has an insurance company and the lawyer it hired to review your case. You need an attorney to help guide you through what can sometimes be a complicated process. There is usually no charge in this area to meet with a lawyer to find out if you are comfortable with that person handling the claim for you. Good luck and I am sorry for your unfortunate situation.

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  • I need advice dealing with a home owners insurance company. They have made an offer and I was wondering if I should accept.

    I fell about a story and a half off a ladder while assisting my step mother. This was just a freak accident so no one is at fault. The insurance company is offering $10,000 in lost wages and $1,000 for transportation expenses. I suffered a comp...

    Rafael’s Answer

    You may have a potential claim under the NY Labor Law. Before you make any decisions on the offer you should discuss your situation with an attorney. Attorneys in our area will provide a free consultation. It is important to know your rights as soon as possible.

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  • What are my legal right under the disabilities act, 16 weeks pregnant?

    My doctor has put me on light duty, lifting, pulling, pushing no more than 20lbs. I work at a child care center in an infant room and much of my work requires these duties. I have been doing administrative work, but just received a letter from m...

    Rafael’s Answer

    This can be a tricky situation because you can perform some duties but not others. Your employer has an obligation to provide a reasonable accommodation which may be something you are not comfortable with based on your disability. I would advise you contact an attorney to discuss in detail and find out your options.

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  • My friend was on a city bus when a car cutt the bus off the driver slammed on his breaks and she was hurt does she have a case

    When the bus driver slammed on his breaks she flew form her seat and was hurt her and three other people went to the hospital afterward

    Rafael’s Answer

    There are two parts to every car accident case in NY. First, there must be negligence, and it sounds like there may be fault on the car that cut off the bus and possibly the bus driver. Negligence is fact specific and in this instance your friend, as a passenger, likely bears no fault for the accident. But this will need to be investigated to establish the claim against the proper persons and/or entities. Second, there must be a serious injury as a result of the accident. There are 9 different categories of injury which your friend must apply her situation and qualify under at least one in order to receive any damages. The bus is part of a municipal organization so there are tight timelines to put in a claim for both No-Fault benefits and liability. I would recommend your friend consult with a personal injury attorney as soon as possible.

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