New York Legal Answers

Find Answers in New York by Legal Issue

“Am I entitled to overtime pay when I’m paid a salary in New York?”

Am I Entitled to Overtime Pay in New York?An employer covered by Fair Labor Standards Act (“FLSA”) and the New York Labor Law …

Can I sue for Wrongful Termination in New York?

Can I sue for Wrongful Termination in New York?In most cases, a New York based employer can terminate you for any reason or no reason at all.  …

In New York, what kind of products can I sue for?

Consumers trust that products are designed, manufactured and packaged in a way that encourages safety and prevents unnecessary harm. Unfortunately, …

How did I get asbestos cancer and what can I do about it in the New York legal system?

Ingesting or inhaling asbestos fibers can result in devastating conditions in and around the lungs and throughout the body. Unfortunately, there is …

Who receives the money in a New York wrongful death lawsuit?

If someone you love was killed in an accident, it may feel like your life has been changed forever. Your family may be dealing with grief, anxiety, …

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 …

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 …

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 …

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 …

My relative died without a will. How do I find the best probate lawyer in New York City?

Every probate attorney is different. It’s important to choose one who can help you achieve your specific goals and those of your family. If …

What Rights Do I Have As A Pregnant Employee In New York?

Pregnancy is an exciting time for most women, but if you are a working, expectant mother, you may worry about how your employer will react to your …

How Can I Tell If I Have A Disability Discrimination Claim In New York?

Several laws protect disabled citizens in New York, including the federal Americans with Disabilities Act (“ADA”), the New York State …

What are the penalties for DWI in New York?

There are three types of penalties you will face in New York if you’ve been arrested and charged with driving while intoxicated: immediate …

Can I Sue New York City For Racial Discrimination in New York?

Suing a public entity like the city of New York includes many legal hurdles, but it can be done. Not only is the city subject to federal and state …

What Should I Do If My Boss Is Sexually Harassing Me In New York?

Sexual harassment in the workplace is unacceptable, particularly when it comes from a boss or supervisor. If you have experienced this, you should …

Can I Sue My Employer For Retaliation If I Have Been Wrongfully Terminated in New York?

If your employer recently terminated you and you think it may have been in retaliation for standing up for your rights, you could have a case against …

Can I Sue My Employer For Sexual Harassment In New York?

Yes, you can. Sexual harassment is never acceptable in the workplace, and employers have an obligation to put a stop to it. As soon as they become …

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 …

Should I Sue My Employer After An Injury In New York?

Can I Sue My Employer After An Injury In New York?After a workplace injury, most employees are limited to compensation available through the …

Can I Sue New York City For Wrongful Termination?

If you worked for the city of New York and were fired, you may feel angry and frustrated. Many people feel that their termination was unfair. But …

Can I Sue My Employer For Sexual Harassment By A Coworker In New York?

Yes. However, there are some steps you must take first. Sexual harassment of any kind is completely unacceptable in the workplace. More than …

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. …

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 …

Do I need grounds to file for divorce in New York?

After years of insisting that a person filing for divorce have grounds (such as infidelity, cruelty, etc.) to dissolve their marriage, the state of …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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, …

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 …

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 …

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 …

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 …

Should I hire a lawyer for a speeding ticket in New York?

Many New York drivers pay their tickets without contesting them, or they represent themselves in court to contest the ticket. While you can represent …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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, …

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 …

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 …

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’ …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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