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Rafael Omar Gomez
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Rafael Gomez’s Answers

180 total


  • What are my legal right under the disabilities act, 16 weeks pregnant?

    My doctor has put me on light duty, lifting, pulling, pushing no more than 20lbs. I work at a child care center in an infant room and much of my work requires these duties. I have been doing administrative work, but just received a letter from m...

    Rafael’s Answer

    This can be a tricky situation because you can perform some duties but not others. Your employer has an obligation to provide a reasonable accommodation which may be something you are not comfortable with based on your disability. I would advise you contact an attorney to discuss in detail and find out your options.

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  • My friend was on a city bus when a car cutt the bus off the driver slammed on his breaks and she was hurt does she have a case

    When the bus driver slammed on his breaks she flew form her seat and was hurt her and three other people went to the hospital afterward

    Rafael’s Answer

    There are two parts to every car accident case in NY. First, there must be negligence, and it sounds like there may be fault on the car that cut off the bus and possibly the bus driver. Negligence is fact specific and in this instance your friend, as a passenger, likely bears no fault for the accident. But this will need to be investigated to establish the claim against the proper persons and/or entities. Second, there must be a serious injury as a result of the accident. There are 9 different categories of injury which your friend must apply her situation and qualify under at least one in order to receive any damages. The bus is part of a municipal organization so there are tight timelines to put in a claim for both No-Fault benefits and liability. I would recommend your friend consult with a personal injury attorney as soon as possible.

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  • Do you handle personal injury cases?

    Accident took place in update NY.

    Rafael’s Answer

    Yes. If you think you have a potential case then contact an attorney to discuss.

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  • If I got hit by a car a month ago can I still take legal action if I know his name

    I also had my brother call him acting as a cop to get his information because after the accident I asked for his information but he stalled and gave me a card and said call me if you need to file any lawsuits but for a odd reason added if you cant...

    Rafael’s Answer

    If you feel there is a potential legal action then consult an attorney in your area. Personal injury attorneys work on a contingency basis so the consultation will be free.

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  • I had some harassment going on for the last place i worked for because i have a learning dissabity

    i was also hit on the job what should i do

    Rafael’s Answer

    There are some tight time lines under State and Federal law for bringing an employment discrimination case. It is unfortunate you had to experience these difficulties. I would advise you consult with an employment attorney as soon as possible to see if there are any potential claims that can be brought on your behalf.

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  • Is there anything that could be done about getting hit by a car?

    My name Is Mercedes Campbell and on September 26 I was walking to a gas station and a car swerved over the white line and struck me, I have a facial fracture, I had a split lip now it is just a small scar, and after my doctors apt. Earlier today I...

    Rafael’s Answer

    Yes. Contact an attorney in your area. Most attorneys wi come out to your house for consultation and will discuss the process for making a claim. Salamanca is usually serviced by many attorneys from the Buffalo area who handle personal injury.

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  • Was in a motorcycle accident

    a car pulled out in front of me and stopped to make a left turn and instead of rear ending him I ended up hitting a parked vehicle damaging my motorcycle and not damaging the parked flat bed tow truck I struck . I have some aches and pains that I...

    Rafael’s Answer

    You are not subject to the NYS insurance law requirement to establish a serious injury. As such, you are entitled to recover against the negligent driver for all damages you suffered from the accident and will continue to suffer in the future. These cases are taken on a contingency basis and there is no cost to you to pursue a claim against the offending driver. Consult an attorney in your area as soon as possible to discuss all of your options. I am sorry for your experience but a good personal injury attorney will walk you through this difficult time.

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  • Need an attorney

    I had a root canal. The dentist left the tooth open did not pack the cap was cracked from the time he did it. I have many infection s & pain I just got it pulled in 4/2015.

    Rafael’s Answer

    Dental malpractice can be difficult because not every bad result is due to negligence. Your dental records will need k be reviewed by a dentist to determine if there was malpractice before a claim can be brought. There is a 2 1/2 year statute of limitations which starts to run from the time you last saw the offending dentist for the condition alleged to have been malpractice. You should consult a local malpractice attorney as soon as possible.

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  • Iam on comp for 20 years my lawyer has not settle my case how do I find a new attorney to take my case Iam 63 now

    I was injury on job fall on floor and have problem L3 L4 L5 L1 L2 doctors have said Ian 100% disabled

    Rafael’s Answer

    There is no additional charge for you to switch attorneys. Contact someone in your area for a free consultation. Good luck and I am sorry to hear about your situation.

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  • When do I need to consult a Worker's Comp Attorney? I was injured on 7/22/15 with a lower back injury. My employer is NYS

    I have not received any benefits yet. I received a letter in the mail on 10/2/15 requesting that I have a MRI, CT, EMG, Diagnostic Ultrasound and another Xray. My Dr has not ordered an MRI because he said WC is difficult to get to pay for this th...

    Rafael’s Answer

    There are many Workers' Compensation attorneys in town who will see you for a free consultation. Contact one immediately to make sure you protect our rights.

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