New York Legal Answers
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- Birth Injury
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- Wrongful Termination
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 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
Can I Switch My Attorney In My New York Construction Accident Case?
Individuals are bombarded daily by legal social media ads, television commercials, radio spots, billboards and numerous other marketing efforts. When … Answered by Michael A. Rose
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
Is My New York Employer Paying Me Correctly?
First, it is important to determine if you are entitled to overtime and review the number of hours you work in a regular workweek. Second, look at … Answered by Louis D. Stober, Jr.
How can I seal a criminal record in New York?
If you have a criminal conviction on your record, new laws allow you to seal certain criminal records from public view. Section 160.59 of New … Answered by James L. Riotto
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 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
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
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
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 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
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