New York Legal Answers
Find Answers in New York by Legal Issue
- Birth Injury
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- Employment Law - Employer
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- Motor Vehicle Accidents
- Personal Injury - Plaintiff
- Premises Liability - Plaintiff
- Sexual Harassment
- State, Local & Municipal Litigation
- Sub-chapter S Corporations
- Trucking Accidents
- Wage & Hour Laws
- Workers' Compensation
- Wrongful Death
- Wrongful Termination
Which Employees In New York Are Entitled To Overtime Pay?
Many employees in New York are eligible for overtime pay if they work more than 40 hours per week. Unless an employee has a job that is specifically … Answered by Kenneth J. Katz
What Constitutes Sexual Harassment In New York?
Courts in New York State have adopted the definition of sexual harassment provided under federal law. Typically, behavior that includes (1) asking … Answered by Kenneth J. Katz
Who can I sue if I suffered a brain injury after an accident in New York?
If you or a loved one is struggling with a traumatic brain injury (TBI) following an accident, you are not alone. In addition to a physical injury … Answered by Michele S. Mirman
I had a normal pregnancy, but when I was giving birth my baby swallowed meconium. My child was born alive, but then died at the hospital after birth. How can I find a birth trauma lawyer in New York to see if there is a valid medical malpractice case and file a lawsuit for my child who passed meconium during delivery and died due to the doctor's negligence?
When a baby passes meconium during labor or delivery, it can sometimes be a sign of a doctor’s mistake; in other words, medical malpractice. … Answered by Anthony T. DiPietro
What is the best way to select a New York medical malpractice attorney?
Every medical malpractice lawyer has his or her own style, but certain traits are necessary if you want a fair chance at getting financial … Answered by Paul B. Weitz
What is the best way to determine whether my New York doctor or hospital caused brain damage to my child during childbirth?
If your baby was born with brain damage and you suspect that errors by the doctor or other medical staff caused it, you naturally want to find out. … Answered by Paul B. Weitz
How can I determine who is the best construction accident lawyer for my case in New York?
Construction accident cases in New York are different from other types of cases and require an attorney with a long history of experience working … Answered by Michele S. Mirman
Why should I hire a lawyer after a New York commercial trucking accident?
If you have been in an accident with a commercial truck, chances are that you suffered serious injuries. You will want to recover for all the damages … Answered by Michele S. Mirman
How Do I Determine Who Is The Best Criminal Defense Attorney In New York?
If you or a loved one has been arrested, accused or charged with a crime or placed under police investigation, it is extremely important to find the … Answered by Robert Tsigler
Can I sue the MTA for injuries, or a family member’s death, sustained in an MTA bus accident, in a slip/trip and fall in the New York City subways or in an accident involving the LIRR or Metro-North Railroad?
New Yorkers know all too well how frustrating it can be when riding mass transit in New York City. But if you think an annoying delay is the worst … Answered by Martin Edelman
Can I sue my landlord in New York for injuries inside the building?
In some cases, yes, whether you are the tenant or a guest of a tenant. In general, a landlord must keep the building in good repair and prevent a … Answered by Stephan H. Peskin
When is a property owner responsible for my injuries in New York?
If you are injured in a slip or trip and fall in New York, you should identify the reason that you tripped or slipped. Once you have identified the … Answered by Craig D. Rosenbaum
What do I do if my employee files a claim with the New York Division of Human Rights?
After receiving a discrimination claim from the New York Division of Human Rights, you can request an extension of time to submit a response. It may … Answered by Scott P. Horton
If I Get Arrested Or Violate An Order Of Protection, How Does That Affect My Custody Case Or Divorce In New York?
If you are going through a divorce or child custody case, anything you do may factor into the judge’s final decision on the outcome. When one … Answered by Peter L. Cedeno
How Long Do I Have To Sue After A New York Car Or Truck Accident?
The statute of limitations to file a lawsuit after a motor vehicle accident varies. In New York, the statute of limitations in nonfatal motor vehicle … Answered by Craig D. Rosenbaum
How do I file for a liquor license in New York state?
The New York State Liquor Authority (SLA) is the governing body for liquor licenses in the state of New York. To get a liquor license, you will apply … Answered by Jacob A. Piorkowski
How can I form my own wearable tech startup in New York?
Prior to launching a wearable tech startup, due diligence must be conducted to avoid future litigation and legal disputes. The first component of due … Answered by Mary Madeline Roberts
Do I need a lawyer for a DUI/DWI in New York?
Although many motorists choose to automatically plead guilty to a DUI or DWI charge, the consequences of even a first-time DUI conviction will … Answered by Daniel J. Henry, Jr.
Can I sue a foreign shareholder for breach of contract in New York?
You can sue a foreign person or entity in federal court for breach of a contract. However, in some cases, you may be required to arbitrate the … Answered by T. Edward (Eddie) Williams
Who is responsible for a slip/trip or fall accident on a sidewalk in New York?
After a slip or fall accident, there are usually two parties you could hold responsible for a premises liability case. Generally speaking, New York … Answered by Michael S. Lamonsoff
What should I do after a scaffolding accident in New York?
In a city like New York, construction, including scaffolding, is a common occurrence. Unfortunately, New York state laws are generally designed to … Answered by Thomas J. Moverman
Who can I sue if I’m injured in a rideshare accident in New York, such as Uber, Lyft or Juno?
This is not the easiest question to answer. There are complicated liability issues at play, but you should have legal standing to pursue … Answered by Adam D. Cahn
I fell at work at a construction site in New York and hit my head. What steps should I take?
Falling at work can be a serious incident in itself, but falls that take place at a construction site tend to be much more dangerous and involve more … Answered by Michael S. Lamonsoff
Can I sue for a trip-and-fall/slip-and-fall injury on a sidewalk in New York?
You can absolutely sue and your chances of a successful outcome are better than ever. For many years, the City of New York was almost exclusively … Answered by Adam D. Cahn
Who pays my medical bills if I am injured in an accident in New York?
If you are injured in an auto (truck, bus) accident in New York, you may be covered by "no-fault" insurance. If you are a driver and … Answered by Stephan H. Peskin
How Do New York Artists Protect Their Rights In Their Own Creations?
New York is blessed with many gifted artists, writers, photographers, graphic designers and other creative professionals. When they create original … Answered by Robert L. Powley
Can condo boards sue developers for construction defects in New York?
New York law does allow a condominium board to sue a developer for construction defects. However, the right of the board to sue the developer is … Answered by Adam Leitman Bailey
What should I do if I got sick or injured eating food in New York?
In short: call a doctor and then call an attorney.From opening a bag of premixed salad to grilling meat in your backyard to eating dinner at a posh … Answered by Joel H. Robinson
What should I do if I am hit by a delivery vehicle in New York City?
With the uptick in people ordering online, delivery vehicles are everywhere, often rushing and moving very fast. If you are hit by any type of … Answered by Devon Reiff
What Are My Rights After A Construction Accident In New York?
New York has great workers’ compensation laws, and they are especially favorable for construction. The laws provide important and valuable … Answered by David J. Hernandez
What Do I Do If I Am Seriously Injured In A New York Car Accident?
The initial moments after a car accident are chaotic, and getting an injury in such an extreme circumstance only clouds your judgement. There will be … Answered by Thomas J. McManus
Is there any gender preference in New York custody cases?
Unlike in the past, there is no current preference given to the mother or father in child custody cases that are handled in New York. Gender and … Answered by Faith G. Miller
What is the difference in injury compensation for construction workers who are union members and for those who are nonunion members in New York?
We trial lawyers know that the union construction workers who are injured on the job win the highest jury awards and settlements because these … Answered by Devon Reiff
Do I need to hire an attorney for my divorce in New York?
Though it may be possible for you to complete the divorce process in New York on your own, it is not recommended.You Will Not Understand Some Of The … Answered by Joan Iacono
Are mothers always awarded custody in New York?
While the answer may previously have been yes in many cases, now the answer is no.What Has ChangedIn the past, the presumption used to be that the … Answered by Joan Iacono
What is a premises liability case in New York?
Premises liability refers to conditions on land or in a building that are not reasonably safe and that lead to a person’s injury. An owner of a … Answered by Joseph P. Awad
What is a construction site accident case in New York?
In the state of New York under Sections 200, 241 (6) and 240 of the Labor Law, all contractors and owners in the erection, demolition, repairing, … Answered by Joseph P. Awad
How do I know if I have a New York medical malpractice case?
If you have suffered a serious injury as a result of bad medical evaluation or treatment, you should consult with an experienced New York medical … Answered by Joseph P. Awad
What happens in New York after a brain injury is suffered in an accident?
According to the U.S. Department of Health, traumatic brain injuries (TBI) contribute to a large number of deaths and cases of permanent disability … Answered by Steven Schiesel
I’ve been injured at work in New York. Can I sue my employer?
In New York, the workers’ compensation system serves an alternative to a lawsuit against your employer. It may be possible to sue an employer … Answered by David Klein
Can I start a lawsuit after a construction accident even if I am getting workers’ compensation in New York?
Depending on the circumstances of your accident, you may be able to pursue compensation through a lawsuit while you are receiving workers’ … Answered by Pat James Crispi
Do I have the right to sue both the truck driver and the truck owner after an automobile accident in New York?
There may be many parties who are responsible for contributing to the cause of the automobile accident that left you injured. This is especially the … Answered by Pat James Crispi
Should I talk to any insurance company after a crash in New York?
After you have been injured in a motor vehicle accident there is a high likelihood that you will be contacted by insurance companies. These insurance … Answered by Pat James Crispi
Do I Need a Prenuptial Agreement in New York?
Marriage is one of the most important decisions you’ll ever make. While you are considering whether to get married at the Mandarin Oriental … Answered by Jacqueline Newman
How can I protect my assets in a divorce in New York?
When clients first come to my firm and tell me that they believe they are about to get divorced, they often follow up this declaration with a … Answered by Jacqueline Newman
How Do I Know If I Have a Disability Discrimination Claim Against My New York Employer?
Three things have to happen to prove disability discrimination:You have to prove you have a disability.Your employer has to have acted illegally due … Answered by Liane Fisher
Can I Sue For Injuries From A Car Accident In New York?
The simple answer is yes. Anybody can sue anybody for anything.The question is whether you have a claim where you can collect money. Multiple issues … Answered by Herbert Subin
How to choose the best lawyer to handle a traumatic brain injury case in New York?
At tbihelpline.com, we would like to share a few simple “do’s and don’ts” to apply when selecting a lawyer to represent you … Answered by Andrew W. Siegel
How can I sue the city or state of New York?
The concept of "sovereign immunity" prevents the city and state of New York from being sued UNLESS they consent. Consent is easily … Answered by Stephan H. Peskin
When hiring a traumatic brain injury lawyer in New York, should you ask the lawyer about his results in prior TBI cases he has handled?
Yes. This is one of the most important questions you can ask. These are some of the case results for attorney Andy Siegel in traumatic brain injury … Answered by Andrew W. Siegel
What can I do if I receive an "indicated" or "unfounded" letter from Child Protective Services in New York?
This Report of Child Neglect/Abuse could impact your future employment because of the fact that the existence of an "indicated" report … Answered by John M. Zenir
As a New York State business owner do I need workers' compensation insurance? What are my rights when my workers alleges he was injured on the job? Who will pay for the medical bills and lost wages if I am not able to pay?
Yes. I have represented many business owners who have failed to obtain the required workers' compensation coverage. The failure … Answered by Leslie G. Tilles
I have heard about settlements in New York Workers' Compensation known as a Schedule Loss of Use and a Section 32. Can you explain I only injured my arm?
There are many different types of settlements. As your attorney, it would be my job to review the needs of the injured worker both … Answered by Leslie G. Tilles
Do I need an Employment Lawyer in New York?
Most people think to consult a lawyer when something goes wrong; however, lawyers can play an important role in preparing you for many different … Answered by Joseph A. Fitapelli
When can I sue my employer for breach of contract in New York?
Most employment relationships are what the law calls “At Will.” This means you as an employee can be fired for good reasons, bad reasons, … Answered by Daniel J. Kaiser
Are noncompete or nonsolicit agreements enforceable in New York?
New York's highest court has held that an employer can enforce noncompete agreements only where it can satisfy one of two elements: (1) Was … Answered by Henry L. Saurborn, Jr.
How does New York law apply to pedestrians and bicyclists hit by motor vehicles?
Motor vehicle accidents involving pedestrians are treated much like other types of accidents in personal injury proceedings. The first and most … Answered by Mitchel H. Ashley
If I am unable to return to work after my New York State work related injury, can I apply for Social Security Disability?
Yes. Workers' compensation and Social Security cases work well together. The injured worker can receive both workers' compensation … Answered by Leslie G. Tilles
Can I receive my sick and vacation time while I wait for my New York workers' compensation case to begin paying benefits? Should wages paid while waiting for my workers compensation case to be establish be taxable? What if I do not loose time from work can I still obtain medical benefits?
Yes. Workers may receive sick or vacation time paid to them while they wait for their workers' compensation case benefits to start. The attorney … Answered by Leslie G. Tilles
Will New York State take my home and my other assets before I can qualify for Medicaid to pay for a nursing home or home care?
The greatest concern expressed by my clients is whether or not they will outlive their money, particularly when it comes to paying for nursing home … Answered by Felicia Pasculli
Am I entitled to receive tips in New York?
Many occupations receive tips/gratuities as part of their compensation, especially food service workers in restaurants, night clubs, and catering … Answered by Joseph A. Fitapelli
Am I entitled to overtime pay in New York?
An employer covered by Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”) must pay their eligible … Answered by Joseph A. Fitapelli
Can I sue for Wrongful Termination in New York?
“At-will” EmployeesIn New York, most employees are considered “at-will.” This means that either the employee or the employer … Answered by Joseph A. Fitapelli
“Am I entitled to overtime pay when I’m paid a salary in New York?”
Frequently, salaried employees are misclassified as exempt from the overtime provisions of the Fair Labor Standards Act (“FLSA”) and the … Answered by Joseph A. Fitapelli