Archived
Medical Litigation Attorney? Had a needle biopsy performed on my breast. Can I sue for emotional distress & substandard care?
Craig's answer
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Answered on July 14, 2015
This is a difficult case. Based on what you've posted, it's not certain that malpractice was committed. Even if liability was established, your...
Archived
Can a court put a case back on after it was dismissed for nobody showing up because the court calendared it wrong?
Craig's answer
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Answered on July 08, 2015
As Mr. Horner indicates, the court is ultimately in control of it's calender and as long as there is no abuse in that discretion, it can certainly...
Archived
Won Arbitrator's Ruling, does it need to be confirmed via Article 75. If so, what needs to be done so we can use in Federal Ct?
Craig's answer
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Answered on July 08, 2015
As indicated, you need to confirm the decision via petition pursuant to CPLR Art. 75. Using article 75 implies this is a state court matter. Is...
Archived
Can I sue?
Craig's answer
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Answered on July 08, 2015
What are your damages? Unless the delay in diagnosis aggravated the condition in some way, the doctor's bad bedside manner is not the basis for a...
Archived
Nys no fault adjuster
Craig's answer
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Answered on July 06, 2015
Not sure why your employer refuses to cooperate. I don't believe there are any remedies per se under no-fault regulations. Your option may be to...
Archived
A judge administratively disposed my personal injury case. Can I refile it although the Statue has run?
Craig's answer
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Answered on June 29, 2015
Please take a look at CPLR Sec. 205(a).
Archived
120 days is 4 months and I don't know if you count the day you buy the index number, etc
Craig's answer
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Answered on June 29, 2015
120 days is not 4 months, it is 120 days. That being said, your service of the original and amended complaints seem timely. Is the defendant...
Archived
How do lawyers place a value personal injury case?
Craig's answer
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Answered on June 29, 2015
You are comparing apples to oranges. In your case, you have to prove a serious injury pursuant to insurance regulations where the person that fell...
Archived
What if in a collision the other driver is unwilling to share information? Should I call the cops?
Craig's answer
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Answered on June 29, 2015
Yes. In fact it is never advisable to leave the scene of an accident with out having the police respond just for this reason. The other driver...
Archived
Motorcyclist hit me as I have almost completed my right turn. He was taken away by EMS.
Craig's answer
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Answered on June 29, 2015
The answer is "yes", there is always a possibility you can found to be at fault. I suggest that you put your insurance carrier on notice of a...
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