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Craig A. Post

Craig Post’s Answers

1,133 total


  • How long does it take to get short term disability from an employer? I am going on ten weeks with no income and lost job.

    I have been out of work since May 24, 2015. I have been to multiple doctors and have had papers to prove it. I have done what I was told to do by the insurance company. The only problem I had was submitting my doctors papers on time. That has sinc...

    Craig’s Answer

    Short term disability claims in NY are administered by the Worker's Compensation Board. Have you attempted to contact it in order to determine the status of your claim? It may be 10 weeks since you were injured but you do not indicate when the application was actually made or how long ago they received the medical information that you were unable to timely submit.

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  • My daughter in kindergarden got hurt in classroom with cut by eye. Nurse called and tols us about it and said she didnt think it

    needed stiches. been like 9 months and now there is a pretty good scar which looks like will be a permanent mark. Its in nys is it worth it to get a lawyer or not.

    Craig’s Answer

    If you are seriously contemplating a claim against the school or student or whomever, you should at least consult with an attorney. Only by doing so will you know whether it is worth pursuing and all of your options. Good luck.

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  • Medical Injury Device Case.

    I am a transactional attorney who has a client who suffered broken rods and screws after receiving spinal fusion surgery. Looking to refer case out for lawsuit. Please contact me if interested.

    Craig’s Answer

    I believe the better practice would be to use the Find an Attorney function to locate an attorney in or near the venue where the case will be pending. The site was not really intended for contact in the manner you are trying.

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  • Can you file a claim against a city if you get hurt while walking next to side walk on road due to construction.

    I live in nys and was down in Raleigh NC and hotel complex was building a new Marriott. Had to walk in street because sidewalk was closed and the rain covert was improperly finish as I was walking I fell in the unfinished paved road and severely ...

    Craig’s Answer

    It is possible that you have a claim but what's good in NY may not be good in NC. You should consult with a NC personal injury attorney as soon as possible.

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  • Can 1 deductible apply as opposed to 2 deductibles? Commercial policy, property & revenue loss. Can we apply the highest one?

    Business/Commercial policy. It covers property damage and business interruption loss. Property deductible is $100,000 Business Interruption deductible is 30 days (the first 30 days). 1 event. 1 covered peril. Damage to the pr...

    Craig’s Answer

    What do the policies say? This is really a question that should be directed to your insurance broker.

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  • Minor car accident from 2012, the guy decided to sue for compensation now. What is the better course of action?

    My ex-partner had a minor car accident in the summer of 2012. He rear-ended car in front of him at the speed probably 10 mph. They exchanged insurances, he paid the guy $250, that was it. No damages on either car. Now, in the summer of 2015, I've ...

    Craig’s Answer

    I agree with Mr. Nicotra. Assuming there is no way to prove the prior payment, you should make sure your insurance company is on notice. I'm not sure what a "package" is but if a lawsuit has been started, you or your carrier will need to answer the complaint to avoid a default.

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  • Question about wrongful death

    If someone suffered an injury 10 years ago but the injury didn't cause death until now, can a wrongful death suit still be filed within 2 years after the person's death? For instance, let's say a customer fell in a store and went into coma. And th...

    Craig’s Answer

    There are a couple of potential obstacles. Did the person already receive compensation for the original injury? If so, the release would have covered the contingency of future damages. Second, even assuming the statute of limitations hasn't expired, you present a difficult damages claim. It begs the question, if the damages were so severe that it lead to suicide, why such a long gap in time?

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  • Is there any law that prevents a health insurance company from insuring a foreign national in the U.S.?

    I have a friend who has a serious illness and she needs treatment in the U.S. but because her treatment is very costly (in the millions of dollars), we need to know whether she can use an insurance policy to remove some of the difficulty.

    Craig’s Answer

    No law that I am aware of. If the provider agrees to take the coverage and the carrier agrees to pay, the fact that the person is a foreign national should have no impact.

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  • What is negligence in a personal injury case?

    This was a simple person to person contact in which one person fell and had very minor injury to the hand. No sprain or broken bones. Slight hairline fracture, if anything at all. Person who fell is threatening to sue even though there was no inte...

    Craig’s Answer

    Basically, negligence is the failure to exercise that degree of care that someone acting reasonably would be expected to use in similar circumstances. It can be performing an act unreasonably or failing to perform an act when one was appropriate. If the person initiating the contact owed a duty of care to the injured party and acted unreasonably in making that contact that resulted in the harm, then you've made out a basic negligence cause of action.

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  • How can I proceed to replace my car?

    Car was parked at work and a driver hit 5 parked cars including mine.

    Craig’s Answer

    I assume you're asking because your car was totaled. You are only entitled to the blue book value of the vehicle at the time the damage is sustained. Put in a claim through the offending driver's insurance company.

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