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Stephen Boyd

Stephen Boyd’s Answers

60 total


  • Should I be notified by Insurance Co.that a settlement was reached?

    I fall on ice and was seriously injured.My lawyer told me that the Judge refuses take the case, but the Court dismissed the case because he didn't appear for a Compliance Conference. Two Insurance Co. were involved and two seperat cases.To make th...

    Stephen’s Answer

    You should seek the advice of a legal malpractice attorney in your area. Additionally, many New York Courts are searchable online. You might try to search for your case, call the judge and find out what the disposition is/was.

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  • My car was part of a hit and run accident. When I call my insurance company will I have to pay my $500 deductible?

    My car was part of a hit and run accident, I was wondering who has responsibility of paying the damage? Am I going to have to pay a $500 collison deductible along with the amount for a rental car?

    Stephen’s Answer

    With all due respect to the comments above, I believe New York UM coverage is for injuries only. The unfortunate news is that the deductible is part of the coverage which you purchased. The Erie County District Attorney's office might be able to put you in touch with a Crime Victim's organization that reimburses crime victim's for their losses.

    If anyone was injured in the crash, your car insurance UM or SUM coverage does provide protection for you and your passengers to recover in a claim for injuries.

    Also, your no-fault coverage should pay all medical bills and lost wages.

    There are strict deadlines for both the no-fault and UM/SUM coverages. If anyone was injured, you should seek legal counsel.

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  • What should i do im being sued by an insurance comapny for an accident i caused. but im a studentm so i dont have any money.

    what should i do about bein sued for this accident i caused i was given a summons

    Stephen’s Answer

    You haven't provided a whole lot of information here. A general rule when you are sued in a car accident, you should immediately notify your car insurance company. Your policy may provide you with a defense.

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  • Do I need a malpractice attorney??

    Mom had gall bladder removed by lapriscopic surgery, Less than a week after release, we rushed her back to the hospital emergency room due to extreme pain, nausea, vomiting, found out bowel was cut, 2nd surgery done to repair intestine, she was re...

    Stephen’s Answer

    It sounds like the answer will depend upon the outcome. If your Mom fully recovers, it is unlikely that the expense of litigating a medical malpractice case would outweigh the potential result. If your Mom does not get better then it would be smart to consult a local attorney. Most offer free consultations. Good luck.

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  • Can I sue the school district and the contractor for personal injury and negligence

    My son was getting ready for gym class and he put his hand on a 4' x 8' cinder block wall to slip on his shoe when the wall came down on him. the school knew the wall was weak for some time but did nothing until it fell down,i tried to see the wal...

    Stephen’s Answer

    I would most definitely seek the advice of a qualified personal injury attorneys. In some states municipal entities such as public schools have very tight timelines within which to file a claim. You should see an attorney as soon as possible.

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  • How do you find a deceased parents will?

    How do your find where your deceased parents will is being held?

    Stephen’s Answer

    You can go down to the Surrogate's Court and check to see if a will is on file. Otherwise, you will need to find out who their attorney was who drafted the will. Some attorneys keep wills on file in their offices.

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  • I am canadian, and I rented a car in Toronto, Ontario. While in New York state, the car behind me hit my car.

    I stopped at Yellow (orange) traffic light at the intersection, and the car behind me hit my car. I did not have any insurance. Will I have to pay for the damage of the other car? The other driver has his insurance.

    Stephen’s Answer

    I agree with Mr. Lundeen's response. In most jurisdictions, your own car insurance protects you when you are driving a rental vehicle. In the case you described it does not appear that you were at fault.

    If you were injured you have a right to make a claim against the driver and owner of the car that hit you.

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  • Can I find out if I have a case against a hospital for free?

    This is in regards to my mother's death by morphine in september 2006.

    Stephen’s Answer

    New York has a 2.5 year statute of limitations for medical malpractice and a 3 year statute of limitations for negligence. If a case has not yet been filed, it would appear that it might be too late.

    Still, you should consult with a local personal injury attorney to confirm this.

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  • My former spouse was the parent of our deceased child. Is the former spouse entitled to share in my wrongful death settlement?

    The other parent has no money and is collecting medicaid and food stamps. I am executor of our child's estate which consists of no assets. I am told that the other parent, by right of parenthood, will receive 50% of the settlement I am anticipatin...

    Stephen’s Answer

    I am sorry for your loss.

    I do not believe New York law would allow you to prevent the other parent from collecting 50% of the settlement.

    I am assuming that you are represented and your attorney is aware of the "Intestate Succession" laws. These laws govern the assets of an estate of a person who had no will.

    The other person's economic status is not a factor. However, if your attorney can show a Surogate's Court judge that there was back child support owed, you might be able to have that amount deducted from the lawsuit recovery.

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  • My former spouse was the parent of our deceased child. Is the former spouse entitled to share in my wrongful death settlement?

    The other parent has no money and is collecting medicaid and food stamps. I am executor of our child's estate which consists of no assets. I am told that the other parent, by right of parenthood, will receive 50% of the settlement I am anticipatin...

    Stephen’s Answer

    I am sorry for your loss.

    I do not believe New York law would allow you to prevent the other parent from collecting 50% of the settlement.

    I am assuming that you are represented and your attorney is aware of the "Intestate Succession" laws. These laws govern the assets of an estate of a person who had no will.

    The other person's economic status is not a factor. However, if your attorney can show a Surogate's Court judge that there was back child support owed, you might be able to have that amount deducted from the lawsuit recovery.

    See question