A family member died at work under the supervision of the boss of the company who didnt take the necessary steps to keep the workers safe can my family sue the owner of the company?
Employees cannot sue their employer or co-employees under New York's Workers' Compensation Law. Hence, a wrongful death lawsuit would not be successful.
However, the family should file a claim for death benefits under New York's Workers' Compensation Law.See question
the client signed a personal injury settlement and release in February, a settlement check was received by the lawyer at the end of March. the check fully cleared and the client is still waiting for her money. she calls the lawyer everyday and is...
The settlement check should have been deposited in an attorneys' escrow account (known as an IOLA account) and once the check clears this account within 3-5 days, you should receive your share of the settlement proceeds without delay. There is no statutory deadline for the lawyer to send you the check, but it should be done immediately once the settlement check has clear the attorney's escrow account.
The settlement check should have been payable to you and your lawyer's law firm and thus, you are required to sign the check before it can be deposited in the lawyer's escrow account. Did you sign the settlement check?
If your lawyer is not answering your questions, you should file a complaint against the lawyer with the New York State Committee on Professional Standards. This will definitely get his/her attention.
Good luck!See question
I am involved with an Attorney at the moment and looking to get out of the relationship. I keep getting slapped with invoices for things that I feel arent warranted. He has promised to help with certain aspects of my project though he is reluctan...
The letter of engagement means nothing. You can fire your lawyer at any time and for any reason. You are not bound to keep your lawyer simply by signing a letter of engagement or retainer agreement. It is not difficult at all to switch lawyers and the only thing you need to do is tell your current lawyer, "YOU'RE FIRED!"See question
Starting 2011 I began having "carpal tunnel" issues. I had emg tests that verified I needed the surgeries. The results we less than satisfactory. Further emg tests showed I needed cubital tunnel surgeries. After those proved ineffective I went for...
The bad outcome was an unavoidable complication of the back surgery. The surgeon will defend your claim by pointing out that you signed an informed consent document before the surgery that lists nerve injury as a possible outcome of the surgery; that he discussed this risk with you; and you willingly consented to surgery with full knowledge of the risk of nerve injury.
The surgeon has a very strong defense and you do not have a viable claim.
In 2005 I had brain surgery for a subdural hematoma. I was 13 at the time. Since then I had painful headaches frequently. In the past year I have started to have seizures and the headaches are worse. Do I have grounds to file a case?
The statute of limitations has expired on your claim.
Under New York law, an infant (a person under age 18) has 10 years to file a lawsuit for medical malpractice, or 2 ½ years from the time the person turns age 18, whichever is sooner. In your case, the 10 year statute of limitations does not apply because she turned 18 in 2010.
When you turned 18 in 2010, you had 2 ½ years to file a lawsuit for medical malpractice. Unfortunately, the 2 ½ year period for the statute of limitations expired in 2012 or 2013 (depending upon the date of your birthday in 2010).
The statute of limitations expired. The only possible extension of the statute of limitations would be the "continuous treatment" doctrine, where you must prove that you continued to treat with the same doctor or medical practice for the medical condition that is at issue in your claim. The continuous treatment doctrine, in your case, is an extreme long shot.See question
During a dental visit my son was treated poorly and the dentist told him to go home and deal with the pain.
In New York State, you are not permitted to sue for a specific monetary sum in your complaint. Instead, your complaint will seek an amount that exceeds the monetary jurisdiction of all lower courts.
After the lawsuit has been commenced, the defense may serve a demand upon your attorneys that seeks the monetary amount that you are entitled to. There are no limits on the amount of money that you can demand from the defendant(s).See question
Would interest be applied to a judgement in favor of the plaintiff. If so would the interest be applied to a portion ( lost earnings or future damages ) or is it applied to the entire award amount which includes pain and suffering.
In a wrongful death case, interest at the rate of 9% per year is applied to the damages allocated to claim for wrongful death; the interest is computed from the date of death. However, interest is not applied to the part of the damages that are allocated to the decedent's conscious pain and suffering.
The interest applies to the past damages. Future damages are reduced to present value in a post-verdict calculation by the Court and interest is then calculated based on the present value of the future damages. Google a New York Court of Appeals case called "Milbrandt" for more information about interest on future damages.See question
I had a total thyroidectomy in april 2012, in sept 2013 i found out that i still have my right thyroid! I also had a partial thyroidectomy in 2006 which removed my right thyroid...doctor told me it grew back! I have nodules and cyst on and in my...
You have a legitimate complaint against the surgeon and I recommend that you file a complaint against the surgeon with the New York State Department of Health.
First, you should get the operative report, discharge summary and the billing records. If you can prove that the surgeon billed the insurance company for a surgery that he only partially completed, the insurer will have a claim for insurance fraud against the surgeon.
As for a malpractice lawsuit, your monetary damages are very limited and consist of the expense of undergoing another surgery to remove the remainder of your thyroid. The value of such damages would be $10,000 and would not justify the expense of a malpractice lawsuit. Hence, you will not find a competent malpractice lawyer willing to accept your case.See question
I had a hip replacement in 2011 and I started to have problems with it .So I got the parts log from the surgery . And it turned out that the hip was from a old recall in 2009 . This hip shouldn't even have been on the shelf . But it was implanted ...
There is a class action lawsuit against Johnson & Johnson for its Depuy hip prosthetic joint. This hip prosthetic joint has a long-history of failure and there is a pending settlement in the class action lawsuit.
If you had a Depuy hip prothesis, you almost certainly have a viable claim against the manufacturer.
Good luck!See question
On Thursday, April 20, my dad was taken to the VA hospital in Syracuse with severe diarrhea, dehydration, and weakness. The VA said it was nothing serious and to go home and take Imodium. His condition continued to get worse and a couple days late...
You have a claim under the Federal Tort Claims Act against the United States of America. The FTCA is a federal law that gives you the right to bring a claim against the USA for personal injury and wrongful death.
To protect your rights under the FTCA, you must file a notice of claim, called a Standard Form 95, with the government agency (likely the VA office in Buffalo), within 2 years from the date of the malpractice.
There could be merit to this claim based on the two-day delay in the diagnosis and treatment of the infection. You need to get the ER records from the VA Hospital to determine whether the symptoms were documented in the record. You also want to check for any blood work that would show an elevated white blood cell count (WBC above 10,500), which also would suggest an infection.
Good luck!See question