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Thomas Joseph Foley
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Thomas Foley’s Answers

16 total


  • How long do I have to safely switch my case from one attorney to another without jeopardizing the case?

    I was involved in a car accident 18 months ago. My attorney is not representing me on recovering my lost wages (no-fault), and a lawsuit against me by the other parties. My attorney stated that he will not be representing me in those areas; he is ...

    Thomas’s Answer

    As the client, you can switch attorneys if you are not satisfied with the representation that you are receiving. There is no specific time limit on switching. However, if you are at the point of trial, a Judge could get involved and that could make things difficult. Regarding the services your attorney is or is not providing, that answer would be contained in the retainer agreement you signed with the attorney. If you had more details about the contents of the retainer agreement, it might make it easier to answer that part of your question.

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  • Who is mostly at fault?

    My father took my car out and got hit making a left turn into a bank. The guy who hit him was supposedly speeding but was going straight.

    Thomas’s Answer

    The car making the left will always have responsibility. The car may have a small share of responsibility if speeding or otherwise violating the vehicle and traffic law.

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  • Do you think my lawyer would be offended if I ask for the " Discovery"?

    same question

    Thomas’s Answer

    Offended? It's your case. Ask away. You are entitled to everything.

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  • Lost Wages how long to receive after submitting disability letter?

    When a disability letter is sent to an adjuster,how long does it typically take to receive lost wages? My letter was submitted on December 5 and i still have not received any reimbursement. This is frustrating for injured persons as they have no s...

    Thomas’s Answer

    Tough question to answer. We find that most delays are caused by either the client's employer or the client's doctor failing to timely send in necessary paperwork. I would check with both your doctor and your employer to see if they have sent in the necessary forms.

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  • Do I have a case and who would be responsible the synagogue owner and or the city.

    I am in NY as i was cleaning up after my dog my foot got caught on the concrete lip where trees used to be .The Synagogue recently repaired the sidewalk . The soil in the area is low about 3 to four inches below the concrete . I fell backwards and...

    Thomas’s Answer

    You certainly have a case worth exploring further. Did you take picutres of the sidewalk? This will be very important because any expert will need to see the condition of the sidewalk at the time you fell. This will assist the expert in determining if something was done wrong.

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  • How do i go about suing insurance company for car accident?

    I am from NYC & traveled to florida July 5,2014, my friend picked me up in his car & on the highway the car spun out and flipped over multiple times down the hill of the highway. The car was upside down and i had lost conscious for a few minutes u...

    Thomas’s Answer

    You may not need to sue at all. Your medical bills and lost wages will be covered by the insurance company for the vehicle you were traveling in. If your injuries are significant, you can bring a lawsuit against the driver of the car you were in. His/her insurance company will defend him/her and pay your claim, if warranted.

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  • I am 30 weeks pregnant and fell in a supermarket in Brooklyn, NY. There were no signs/indications of a wet floor. Can I sue?

    30 weeks pregnant transported to local hospital in ambulance.

    Thomas’s Answer

    Yes. You can always sue. However, whether or not you are successful will depend on the factors as set forth by my colleagues. For instance, what caused the wet floor? Did the store have notice of the condition? What are the extent of your injuries? The best advise would be to contact an attorney to help you investigate your case.

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  • Do I have a solid case to take legal action for a traffic accident?

    I had a traffic accident 2 months ago, where a black car driver ran over my foot during a red light. I was crossing the street, and the driver came too fast unable to stop on time and ran over my foot while braking. My roommate was with me and go...

    Thomas’s Answer

    You might. Did you have any diagnostic tests that objectively established an injury? Without "objective" proof of an injury, it might be a tough case to prove.

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  • My handicap daughter broke her tibia while her nurse the school hired was wheeling her through a doorway. Can we sue?

    Is the school liable?

    Thomas’s Answer

    Sure you may have a claim. You need to know that there is time limits on bringing this type of claim, so you need to decide right away.

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  • Rare end case , knee hit dashboard which led to surgery and ten months of therapy. How much should I settled for

    Medial meniscus tear

    Thomas’s Answer

    There are three parts to a successful personal injury case, namely liability, damages and insurance. If one of those pieces are missing, it can impact the entire case. For instance in your case, there is a significant injury and great liability. However, without knowing the amount of insurance available and the insurance carrier, it makes answering your question very difficult.

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