Archived
I have a friend who is in Riker's Island. He fell in a puddle of water and broke his leg from the knee down. Can he sue?
Marco's answer
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Answered on July 17, 2013
Timely filing of a notice of claim is critical, and then getting a PI attorney to investigate if there is a viable suit. Jail cases always have...
Archived
Can someone just sue me for an alleged accident that happened in front of my property? With no witness?
Marco's answer
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Answered on July 17, 2013
Violation of a law or regulation that has as its purpose the type of harm that occurred is a very real and potent element of a successful personal...
Archived
My Trash Can (under heavy winds) rolled in my driveway and hit my babysitters car causing a dent. Am I liable ?
Marco's answer
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Answered on July 17, 2013
Report to insurance which will argue intervening act of God, the "Vayu defense" I like to call it.
Archived
Do I have a lawsuit against my former employer?
Marco's answer
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Answered on July 17, 2013
With some exceptions, such as suing third-parties, the Workers Compensation Law precludes the employee from directly suing his employer.
Archived
I recently signed bank release funds for 300,000 dollars, for a medical injury that happened 2 years before i was on medicaid
Marco's answer
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Answered on July 17, 2013
Unlike recoupment of other types of public assistance, the entire amount of a personal injury settlement obtained by an adult Medicaid recipient...
Archived
What happened to the personal injury case if it changes classification from standard to complex in New York Supreme Court ?
Marco's answer
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Answered on July 17, 2013
Thankfully, complex designation gives you more time to engage in disclosure because the case is...yes, complex. It eliminates the need to justify...
Archived
I was a passenger in a car accident and after the accident i went to the emergency room and had a slightly herniated disc.
Marco's answer
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Answered on July 17, 2013
To meet the NY threshold for serious injury, the herniated disc alone is insufficient, and as a soft tissue injury, you will have to show...
Can you be sued for defamation for calling someone "homophobic" if they use a derogatory term
Marco's answer
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Answered on July 17, 2013
An opinion cannot form the basis of a claim for defamation, since expressions of an opinion false or not, libelous or not, are constitutionally...
Archived
Can I sue if my son was being mistreated when he was left in someone elses care?
Marco's answer
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Answered on July 16, 2013
An isolated incident such as this would probably not be worth filing for relief in Family Court, unless there is a pattern of behavior and other...
Archived
How do I get my brother's insurance to help with any burial when needed? He has dementia?
Marco's answer
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Answered on July 16, 2013
In the absence of a durable POA or his naming you as beneficiary to the policy, a guardianship would have to be established to manage his afffairs...
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