Skip to main content
Carol Lynn Schlitt
Avvo
Pro

Carol Schlitt’s Answers

207 total


  • Automobile accident

    I was driving on a 2 Lane one way street and I was on the right lane and a FedEx van was on the far left lane and he decided to want to make a right turn at the last minute and instead climbed over my car damaging the driver side up to the front o...

    Carol’s Answer

    I am sorry to hear about the car crash with the FedEx truck. The most important priority is taking care of your health so make sure you get the treatment that you need.

    Before we talk about compensation, you should know that you automatically qualify for New York No Fault coverage. No Fault will pay for your medical expenses and lost wages. You will receive your No Fault coverage through your car insurance company. You have 30 days to file a No Fault claim, so if you have not done so, you should contact your insurance company immediately and tell them you want to open a No Fault claim.

    You may have a claim for damages beyond No Fault. We call that pain and suffering. To receive compensation, you will need to meet the serious injury definition as proscribed in New York State Law. If you qualify as having a serious injury, the amount of compensation will depend on many factors including the severity of your injuries and the extent and intensity of treatment that you receive.

    What to do? I strongly recommend that you contact a personal injury attorney experienced with car accident cases in New York. That consultation should be free. The attorney can then help you assess your case and determine the best path forward. If you retain an attorney, that attorney can handle the No Fault for you and develop your case with the intent of obtaining a settlement or court award for you.

    I hope this information helps. If you need help finding an attorney, you can find many good ones here are Avvo.

    See question 
  • Can I sue NYCHA for my fall?

    I live in a NYCHA apartment and on Thursday around 6:40pm I slipped and fell down the steps because there was a bunch of oil on the steps. I didn't go to the hospital right away however, I did go the next day because when I woke up my back and nec...

    Carol’s Answer

    I am sorry to hear about your fall and hope that you are feeling better. The highest priority is to take care of your health.
    You may have a valid claim against NYCHA. To win a claim you need to show that NYCHA caused your fall and that the fall caused you substantial injuries. The evidence of the oil on the steps would seem to indicate negligence by NYCHA. It is not clear about your injuries and only time will tell how quickly you recover and how much treatment you need.
    You do need to file a Notice of Claim within 90 days of the incident. I suggest that you contact a personal injury attorney with experience bringing cases against NYCHA to evaluate your case and offer you guidance. That consultation should be free. You can find an attorney here on NYCHA.
    I hope this helps/

    See question 
  • I want to know if Burger King is reliable or responsible for his injuries...

    My son fell off of a really high stool in Burger King and hit his head on a metal bar that required him to get 2 staples to close his head wound. I didn't inform anybody in the restaurant because his head was bleeding I just grabbed him and ran o...

    Carol’s Answer

    I am sorry to hear about your son's injury and hope that he is recovering well.

    It is unclear if Burger King bears liability for causing this injury. You would need to show that the store did something negligent in the design of the stool or the floor or the maintenance of either. What to do? You are already doing the right thing in making sure that your son gets the medical treatment that he needs. You should notify the store manager about the incident and consult with a personal injury attorney. That consultation should be free and the attorney can help determine if Burger King is liable for causing your son's injury. You can find an attorney here on Avvo.

    I hope this helps.

    See question 
  • If i lose, can the building or its insurance company sue me back for suing them?

    i fell in my apartment basement on the stairs and broke my ankle. the bass of the stairs is slanted at an angle away from the stairs so when i stepped down, and it was snowing that day, i slipped and broke my ankle. i believe the slant is signific...

    Carol’s Answer

    I am sorry to hear about your injury and hope you are able to make a full and fast recovery.
    The short answer to your immediate question is that the landlord/property owner would not have grounds to sue you simply because you sued them. Your maximum exposure, if the case went to trial, would be for statuary cost. That small risk of cost should not stop you from pursuing you rights to seek compensation for your injury.
    You may have grounds to sue. You would need to show that negligence in the design or maintenance of the stairs caused you to fall and break your ankle. I suggest that you take photographs of the stairs where you feel and show them to an attorney. The attorney can then determine if there appear to be grounds for proving negligence. The attorney would hire an engineer to examine the steps and give an expert opinion to support your claim.
    You can find excellent attorneys here on Avvo. The consultation should be free. I recommend that you speak to an attorney as soon as possible.

    See question 
  • Should I be concerned with a disabled person answering questions in a deposition?

    My son whom is disabled was attacked by a neighbor and we are now suing the neighbor. There is an upcoming deposition next month, I have concerns that my son will get confused about dates, times, witnesses etc... as he is again disabled; he has ep...

    Carol’s Answer

    Your attorney should guide you and your son through this deposition and all other court procedures. Make sure your attorney understands the extent of your son's disabilities and the potential impact on his giving testimony. Your attorney can then prepare your son and be able to guide him effectively during the deposition. Put your energy into preparing for the deposition.

    See question 
  • What should I do? How do I go about suing them?

    I fell during a snow storm, it was a very bad fall and my elbow was exposed to the bone, I went to city md for care, they took X-rays cabs stitched it closed from the inside out, after a day they called and said I had calcified bone but no big dea...

    Carol’s Answer

    I am sorry to hear about your injury and the way the medical staff made everything so much worse.

    It certainly sounds like you may have grounds for a medical malpractice claim. What to do? It sounds like you are already receiving treatment for the problems caused by the infection form the rock, but if not, make sure you get the medical treatment that you need. You should also contact an attorney who handles medical malpractice cases. (Lawyers cannot solicit here in the Avvo forum, but you can find an attorney here on Avvo).

    The attorney should interview you about the initial incident, the treatment at City MD and the subsequent problems and care. The attorney will then gather your medical records and consult with a medical expert to determine if this claim meets the New York State standard for medical malpractice. If it does, the attorney will then file a suit and begin to prosecute the case on your behalf.

    The consultation should be free and most attorneys operate on a contingency arrangement so you only have to pay a legal fee if the attorney obtains compensation for you.

    I hope this information helps.

    See question 
  • What should I do next? Is the burns on her hands something I should pursue in a lawsuit?

    My 5 year old had a manicure and pedicure at a nail salon.with regular nail polish. They placed her under fans to dry. The one dryer was not a fan it was a light under a drying station and my daughter got burns from the light on her finger on one...

    Carol’s Answer

    I am sorry to hear about the injuries to your daughter's hand.

    It sounds as if you have the basis to pursue a claim against the nail salon. As in all negligence cases, you will need to show that the nail salon acted negligently and that the negligence caused damages to your daughter. The value of the claim depends on the significance of the injuries suffered by your daughter and their impact on her life. Based on my experience, claims of this nature can often be resolved without filing a lawsuit, though that is not always the case.

    What to do? Make sure that your daughter is receiving the medical care that she needs. I recommend that you speak to a personal injury attorney who has handled cases with beauty salons. That consultation should be free. You can find a personal injury attorney in your area here on Avvo.

    You may also want to file a complaint about the nail salon. IN New York, nail salons are regulated by the New York Department of State. You can file a complaint by calling (212) 417-5747 or going online to www.dos.ny.gov and complete a licensee complaint form.

    I hope your daughter makes a full and fast recovery.

    See question 
  • Why do big companies take so long to make a settlement? Is there a way to speed things up?

    got hurt on an airplane in August. my lawyer had contacted Southwest and they did call him once and then a few months later we decided to file a claim and they tried to get away with free airline tickets but since i am financially strapped i prefe...

    Carol’s Answer

    Like many of my colleagues have noted, the defendant ahs the money and they are often very slow to part with their money. If you do not like their offer, your option is to file a lawsuit and pursue the matter through the courts. IN New York , there can be a multi-year wait to get to trial. The insurance companies and large corporations know about the backlogs in the courts which make it easier for them to delay.

    A plaintiff attorney can take steps to force induce settlement, and we see many rapid settlements, but not in all cases. There are many variables that affect how a company treats a claim. We have a system to rapidly develop cases and seek rapid settlements, but no matter what we do, we cannot force the other side to make an offer or a good offer. When the other side fails to respond, you can always file a lawsuit and prosecute the claim in the courts.

    See question 
  • 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.

    Carol’s Answer

    I hope your father is okay. As for liability, the law puts the obligation on the car making the left to yield to oncoming traffic. There can be mitigating factors such as the oncoming car speeding. evidence and witness statements may shift some of the liability onto the other driver.

    What to do? If your father has not already done so, he should contact his/your insurance company. They will provide coverage under your policy and represent you if the other driver makes a claim. Your insurance company will investigate to see if they can shift some or all of the blame to the other driver.

    If your father was hurt, he should open a No Fault claim with your insurance company. No Fault will pay for his medical expenses, lost wages and any related expenses.

    If your father wants to pursue a claim against the other driver, you should consult a personal injury attorney. That consultation should be free. The personal injury attorney can help you assess the likelihood of prevailing and give you advice on how best to proceed.

    I hope your father is okay and that this information helps.

    See question 
  • Since I was a minor when the accident occurred, and am now 18, did the statute of limitations begin when I was 18 and can I sue?

    I was hit by a car when I was 9 years old, in September of 2006. Both of my front teeth fell out of my mouth (were later reinserted but I had to undergo a root canal among other procedures), sustained bruises and injuries to the rest of my body. T...

    Carol’s Answer

    Yes, you can bring a suit. Since you were a minor at the time of the incident, the three year statute of limitations does not start running until you turn 18. There are two caveats: you need to make sure that your parents or guardians did not bring a suit at the time and you will still need to prove the liability of the other driver (which sounds easy given your description) and that your injuries meet the New York State definition of a serious injury.
    My recommendation? You should speak to an personal injury attorney who can help guide you. That consultation should be free and you will not have to pay any money up front as you will only have to pay a legal fee if your lawyer obtains money for you. If you need help finding an attorney, you can find one here on Avvo.

    I hope this information helps. You are being smart to ask these questions and pursue this now.

    See question