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Joshua N. Stein

Joshua Stein’s Answers

32 total


  • Personal injury against municipality

    Joshua’s Answer

    If you fail to file a notice of claim within 90 days of your injury, the Court cannot hear your case because you failed to comply with a condition precedent to filing the lawsuit. If you are still within the statute of limitations (1 year and 90 days v. the City of NY) then you can make a motion to file a late notice of claim. It is not easy to win these motions. First, the longer away from the 90 days you make the motion, the less likely it will be granted. This is because you have to show that the City is not prejudiced by the delay Second, the City has to have notice of the facts and circumstances within the 90 days. Third, you have to have a reasonable excuse for not filing (lack of knowledge of the Notice of Claim requirement has been held not to be a reasonable excuse), Your friend should see an attorney immediately for further advice specific to his/her case.

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  • Can I be Sued by my passenger who was involved in a car accident with me?

    Joshua’s Answer

    Just forward the inquiry to your insurance company and let them handle it. That's why you buy insurance. If the collision wasn't your fault, they will not raise your rates. If you don't give them notice, the could possibly disclaim coverage on you and leave you holding the bag for the accident.

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  • Is signing a release different from signing a settlement check?

    Joshua’s Answer

    The answer is you should discuss it with an attorney. Sometimes the release will be binding. Sometimes it will not. It depends on a number of factors that are too numerous to write about here. Find a good lawyer, like those on AVVO and give them a call.

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  • What kind of compensation am i able to receive for workers compensation?

    Joshua’s Answer

    That depends on how/where it happened. You should call a New York lawyer so that they can answer any questions you might have. AVVO has a great stable of lawyers that can help you.

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

    Joshua’s Answer

    You should consult with a lawyer. Lawyers that regularly handle these cases should consult with you at no cost to you and with no commitment on your part. During the consultation, you should be able to determine if hiring the lawyer is worth your while.

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  • How long does it take after signing the claim of release form to receive your settlement?

    Joshua’s Answer

    Generally in cases settled against the City and NYCTA, the defendant has 90 days from the receipt of the releases to pay the settlement.

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  • Automobile policy limits

    Joshua’s Answer

    You should visit your attorney and get full and complete answers to any questions you may have. Most likely your attorney will have those answers. If you are unsatisfied with the attorney's answers, you can always change attorneys, but usually things like this are small misunderstandings that can be rectified by a face to face meeting. If you want another lawyer, be sure to use AVVO's Find a Lawyer search.

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  • The parking lot where I work was not salted properly and there was black ice in many places. I slipped and broke my wrist.

    Joshua’s Answer

    If you are collecting workmen's compensation you cannot sue your employer. However, if there is an independent entity that was supposed to, or did, clear the snow/ice and did a poor job, you could sue them. Also, certain NYC Board of Ed employees don't actually collect worker's compensation and can sue the Board. You should call a lawyer from the Find a Lawyer tool to have your questions answered more fully.

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  • Can you sue if your child was injured on a school bus and the driver says he was unaware?

    Joshua’s Answer

    The answer is, it depends. Was there a history of bad behavior of the child that kicked your son? Did the other child ever hurt anyone else? Was there a matron on the bus? Should there have been a matron on the bus? You should use the AVVO Find a Lawyer tool to find a lawyer and then call them to have your questions answered.

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

    Joshua’s Answer

    You should definitely consult with a lawyer who handles bed sore cases. Bed sores are likely the result of neglect in instituting and complying with a plan of care with respect to turning the patient.

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