New York Legal Answers

Find Answers in New York by Legal Issue

Can an illegal alien sue in New York?

The short answer is YES. Accidents happen to many. Accidents do not discriminate based on nationality or immigration status. If you are an illegal …

Answered by Ian M. Chaikin

When should I execute a Last Will and Testament in New York?

A Last Will and Testament controls how assets (real property, tangible personal property) in your name alone on the date of your death are to be …

Answered by Anthony J. Enea

How can I protect my assets from the cost of Long Term Care in New York?

Many clients are concerned about how they can protect their assets, in the event that they need home care or care in a Nursing Home setting.  As …

Answered by Anthony J. Enea

What is a Power of Attorney in New York and why do I need one?

A Power of Attorney (“POA”) is a written document wherein one individual (“Principal”) appoints another individual(s) as his …

Answered by Anthony J. Enea

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 N. 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 N. 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 …

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 can a doctor or medical practice in New York find themselves the focus of a health care fraud or overbilling investigation, when they think they followed the rules correctly?

Health care providers can become the subject of a health care fraud or overbilling investigation in several ways, including: (1) billing CPT codes …

Answered by Aaron Mysliwiec

Am I eligible to file for a 9/11 Victim Compensation Fund cancer claim in New York?

Can you say “YES” to both 9/11 related questions below? 1. Were you present in the “9/11 Crash Site Area” (generally …

Answered by Troy G. Rosasco

A doctor told me that my repetitive strain injury, like carpal tunnel, is work-related. Can I get workers’ compensation in New York?

Yes, you can! A repetitive strain injury or repeated trauma is compensable under workers’ compensation law and is covered under the category of …

Answered by Edgar Romano

How much is a work injury worth in New York? Is it worth it to contact a lawyer?

It is hard to quantify exactly how much a work injury is worth. It may be worth very little if your injury is minor and results in little or no time …

Answered by Edgar Romano

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

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-faut" insurance.  If you are a driver and …

Answered by Stephan H. Peskin

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 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 types of sex crimes can I be charged with in New York?

Sex crimes cases present very specific and complex issues and many of the cases will often go to trial. Generally, a sex offense occurs when a person …

Answered by Kimberly Summers

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

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 an employee assert a legal claim that s/he was sexually harassed in the workplace in New York?

As a preliminary matter, if you work for a company with at least fifteen employees you may have a legal claim under the Federal discrimination law, …

Answered by William H. Kaiser

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

Do I need a lawyer if I have been hurt in New York?

The short answer is YES. If you or a loved one has been hurt or injured as a result of an accident, you should speak to a New York accident lawyer …

Answered by Ian M. Chaikin

Can I fire my lawyer at any time in New York?

The short answer is YES. As a personal injury victim, you are entitled to representation that meets your expectations. You are not shackled by your …

Answered by Ian M. Chaikin

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

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” Employees In 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

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