Archived
How many years can a person sue a company and or company owner for a wrongful death that occured during work?
John's answer
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Answered on April 12, 2014
Employees cannot sue their employer or co-employees under New York's Workers' Compensation Law. Hence, a wrongful death lawsuit would not be...
Archived
Is there a deadline that an attorney has to send a client the client's share of settlement proceeds?
John's answer
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Answered on April 12, 2014
The settlement check should have been deposited in an attorneys' escrow account (known as an IOLA account) and once the check clears this account...
Archived
Letters of engagement
John's answer
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Answered on April 12, 2014
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...
Archived
Do I have a case?
John's answer
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Answered on April 12, 2014
The bad outcome was an unavoidable complication of the back surgery. The surgeon will defend your claim by pointing out that you signed an...
Archived
Can I file a malpractice case from nearly 10 years ago from when I was a child?
John's answer
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Answered on April 12, 2014
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...
What is the maximum amount I can sue for medical malpractice
John's answer
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Answered on April 07, 2014
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...
Archived
In a wrongful death med mal case, is there interest applied to any portion of a judgement if the case is won at trial.
John's answer
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Answered on April 07, 2014
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...
Archived
Do I have a medical malpractice case
John's answer
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Answered on April 07, 2014
You have a legitimate complaint against the surgeon and I recommend that you file a complaint against the surgeon with the New York State...
Archived
I had a hip replacement in 2011 . And the implant was on a recall list from 2009 . It should have never been put in me .
John's answer
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Answered on April 04, 2014
There is a class action lawsuit against Johnson & Johnson for its Depuy hip prosthetic joint. This hip prosthetic joint has a long-history of...
Archived
Do I have a case for malpractice / wrongful death?
John's answer
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Answered on April 04, 2014
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...
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