Do We Need a Lawyer?

Susan asks…

Husband and son involved in accident (hit and run)?

My husband and son were hit by a motobike which was going the wrong way in NYC. My son suffered an injury (concussion) to his head and my husband was hurt even more (fractured arm and passed out on the scene because he was hit directly.) The person that hit them left a phone number with someone who stopped to help on the street and left. My 3 y/o son had a CT scan done last week and some dr’s were arguing of questionable hematoma in the brain, but a neuro surgeon confirmed that it wasn’t blood in the brain. This has been so hectic for us. We did file a police report but don’t know which way to turn as far as lawyers go? Any advise would be greatly appreciated! Thanks!!

Sport answers:

Get the offender’s insurance so he pays the bills.

Yes, you need a lawyer.

Hopefully, pictures were taken and witnesses are available.

This is a no fault case.

It’s better to get your own doctor’s opinion because he knows you.

 

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Distracted Driving vs Drunk Driving

Sober people who are distracted wreck more cars than DUI drivers.

it is fair to say drinking impairs driving but there are 10 times the amount of wrecks due to distractions apart from drinking such as eating cell phones and drowsiness wrecks happen all the time. But when someone has been drinking and has an accident is a BIG deal. Comments?

Sport answers:

Cell phones vs. Drunk driving….maybe:

http://www2.potsdam.edu/hansondj/DrivingIssues/20060830105036.html

“Fortunately, the percentage of drunk drivers at any time is much lower,” said Dr. Drews, “So it means the risk of talking on a cell phone and driving is probably much higher than driving intoxicated because more people are talking on cell phones than driving while drunk.”

Cell phone users have been found to be 5.36 times more likely to get in an accident than undistracted drivers. Other studies have shown the risk is about the same as for drivers with a 0.08 blood-alcohol level.

Dr. Strayer says he expects criticism “suggesting that we are trivializing drunken-driving impairment, but it is anything but the case. We don’t think people should drive while drunk, nor should they talk on their cell phone while driving.”

Drews says he and Dr. Strayer compared the impairment of motorists using cell phones to drivers with a 0.08 percent blood-alcohol level because they wanted to determine if the risk of driving while phoning was comparable to the drunken driving risk considered unacceptable.

“This study does not mean people should start driving drunk,” says Drews. “It means that driving while talking on a cell phone is as bad as or maybe worse than driving drunk, which is completely unacceptable and cannot be tolerated by society.”

The study, was supported by a grant from the Federal Aviation Administration, which is interested in impaired attention among pilots, and was in the summer 2006 issue of Human Factors: The Journal of the Human Factors and Ergonomics Society, 2006 (Summer), 381-391.

Http://www2.potsdam.edu/hansondj/DrivingIssues/1106619756.html

DWI Convictions are Costly
by David J. Hanson, Ph.D.

Driving While Intoxicated (DWI) is a serious and expensive crime, even in the case of a first-time offender age 21 or older in which there is no crash, injury or death.

The minimum cost of a first conviction for DWI in New York State is estimated at $9,500. Similar estimates of minimum costs can be made for other states.

To find an estimate from another state for the minimum cost of a DWI, simply enter “DWI Conviction Cost” and the name of the state in a search engine such as Google.

There are also other costs often associated with a first-time DWI conviction, including

Lost time from work for trial, meeting with probation officer, lawyer, insurance agent, and treatment
Social stigma
Possible loss of job
Incarceration in some states
In the event someone is injured or killed the financial and other costs of a DWI escalate dramatically.

Never drive while impaired or intoxicated. Driving while drunk is completely preventable. You can abstain, moderate your drinking, or use a designated driver to avoid arrest for DWI/DUI.

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Monetary Value of Permanent Disabililty in New York

Maria asks…

NYS monetary value of permanent disabililty?

In new york state, i was just determined by my physician that he would be recommending a 45% permanent disability on a shoulder injury from a comp case surgery 1 year ago. i have just retained a comp lawyer since i have not collected any disability payments thus far and have decided on a lump sum settlement. aside from the lawyers flat fee, what kind of monetary settlement can be generally expected? i was making about @25k yearly before the work accident.

Sport answers:

Benefits are strictly defined by the state, so unless the actual percentage of permanent disability is in dispute, or the fact of the claim, hiring a lawyer is throwing your money away.

Now, what’s a 45% impairment in NY worth? Depends. If it’s 45% of your entire body, that’s going to be 300 weeks of benefit – in your case, roughly $95,000. BUT, if your impairment is 45% for your SHOULDER ONLY, your whole body rating will be less than half of that. And that includes your lost wages for the past year, too.

Since you’re paying that lawyer, you need to ask THEM that question.

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Can I Be Sued?

Lisa asks…

I got into a car accident and I’m afraid I’ll be sued.?

I was driving on the highway tonight in the rain and when I switched lanes I lost traction and slipped to the right and hit a car that was in the middle lane. My car regained control, but the civic spun out 180 degrees and slammed into the railing. The passenger side wouldn’t open as I tried to help the lady open the door. Everyone was okay. There was I think a six year old girl and a baby in the back…Trust me I feel like a total *** and probably will never switch lanes in the rain again..The ambulance came, but everything checked out and everyone was okay, no treatment, but as I peeked into the ambulance some paper work was being done. Now I’m afraid I’ll be sued eventually because this happened to a friend of mine. He got into an accident and everyone said they were fine, accident was over, everyone went home. Two weeks later he receives a bill for $8,000 in medical bills and more than $5,000 went up on his car insurance. I’m not too sure on how damaged the civic was, but the lady insisted her car needed to be towed. It looked not too bad, but I’m not sure if it was able to start. She got into the tow truck and they left after the police did the accident report. My major concern is even though that everyone was okay, she may find some way to sue me on medical bills for the baby. Aftershock damage or what not. Can this happen? If so..would anyone know any good lawyers? I live in nyc…any help would be appreciated please. thanks.

My car has insurance, but I’m not on it. Its actually my dads girlfriends and so is the title of the vehicle. No my names is not on either one. Also I don’t have full coverage. Just wondering if anyone knows what kind of lawyer I need to find to fight this kind of case IF I am sued so that my rates won’t go up..if that’s even possible. I’m young and don’t have too much money, but either I try to fight this to keep the same rates or I lose my car. I talked to the police officer and I think he put that I just slipped after changing lanes, no fault accident?

Sport answers:

You are at fault in the accident. It is incumbent upon a driver to maintain control of the vehicle. If the officer made such a comment, it meant he wasn’t issuing a ticket at that time, however, that doesn’t mean you aren’t at fault when it comes to the insurance settlement. If you are in a no-fault jurisdiction, the settlement will be based on no-fault rules, but you will still have an at-fault accident on your driving record.

Assuming the vehicle has adequate liability coverage, you were only borrowing the car, and had permission to be using the car at that time, you may be sued, however the owner’s liability coverage is in place for the financial aftermath of such a collision.

You were driving too fast for conditions. By the way, or else the tires don’t have enough tread to work in heavy rain. Legally, tires may be worn out at 2/32″, but anything less than 4/32″ is useless in heavy rain or on ice, and many, possibly most, people do not realize that.

You are not a good judge of damage. If the car slammed into a railing, the damage will be several thousand dollars. If a door didn’t open, the car body has twisted as well as smashed. There may be frame damage.

It is definitely possible to be examined at the scene and have strains, and sprains, or whiplash of varying degree show up the next day when the shock wears off.

 

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Questions And Answers From Best Personal Injury Attorney Nyc

Joseph asks…

Is the family dollar liable for my bills at the emergency room? I stepped on a pin on their property.?

I was walking up to family dollar today and I stepped on a pin that was from a clothing and that you put on clothes and poked a hole in my foot. my foot bled and the sales associate saw that I was bleeding. the sales associate also seen the pin and I showed it to her. The pin was on the sidewalk of the building. they did not file an accident report and I left after that. I then went to the emergency room to get treatmeNT. I wanted to get a tetanus shot . I got the tetanus shot are they liable for my bills. how would I go about getting the family dollar to pay for my bills. what do you think?
I stepped on the pin (clothing security pin) in front of the en trance of the store. I was at the entrance. The pin was of the ones that they put on the clothes they sell. I do not want to take anyone to court. I do not have insurance. I did not want to get tetanus(however you spell it) so I went to get a shot for that. Why would I wait? I had shoes on…I’m not a barbarian. Is it not their responsibility to keep an area clean and free of debris? If it was their item that injured me why not have them pay? I wasn’t being careless I just stepped on an item that shouldn’t have been there. I cannot afford to pay for it either..but I was most certainly going to go get treatment for a possible infection or what have you.
Michael H – The ER suggested it just to be safe. I haven’t had one in years, actually. The statement about if someone got hurt on my property is irrelevant. My property isn’t public property. I am once again not trying to sue anyone. I did want a tetanus shot, yes.

Sport answers:

Yes, if you were injured on their property, they are responsible. Good luck collecting.

**EDIT** The others are wrong. I work on a lot of property law issues and the sidewalk in front of their building is private property. The public sidewalk is the one by the road. There is also an issue of the Family Dollar renting the building but that still puts them in legal custody of the land.

Almost certainly you are looking at a development where there is the street, a sidewalk, a parking lot and then another sidewalk along the building as it seems you clearly described. That is indeed private property and they are responsible for keeping it clean and safe. To the person who said you shouldn’t walk barefoot, well, what about toddlers that wear very thin shoes for proper walking development or just might stumble on the pin.

So, the answer is yes, they are liable. The amount is small, if they refuse to pay, take them to small claims court. You don’t need a lawyer, just file the case and make sure you name the clerk that saw it happen as a material witness and make sure she is subpoenaed.

Go to New York City after a snowstorm and you will see every scrap of snow removed immediately. Why? They don’t want to get sued by someone slipping and falling.

Ken asks…

Why didn’t Bob Dylan like Andy Warhol?

he was portrayed acting like a total a-hole to Andy Warhol in Factory Girl .. I don’t know if it was like that in reality , so that’s why I’m asking
and I understand he secretly married some woman named Sara Lownds while Edie still thought they were together ?
I really hated Dylan in Factory Girl and I want to know much of the Dylan/Warhol/Edie story is real .

Sport answers:

This is about the controversy with “Factory Girl” and Dylan (I apologise if you already knew this):

Bob Dylan threatened to sue, saying through his lawyers that the script insinuated his responsibility in Sedgwick’s drug abuse and death. Jonathan Sedgwick claimed that an affair his sister Edie had with Dylan resulted in a pregnancy that ended with an abortion.To date no lawsuit has been filed.

Here’s a more detailed answer about it (I apologise once again if you know about this as well):

Bob Dylan and Bob Neuwirth.

Following her departure from Warhol’s circle, Sedgwick began living at the Chelsea Hotel, where she became close to Bob Dylan. Dylan’s friends eventually convinced Sedgwick to sign up with Albert Grossman, Dylan’s manager. Sedgwick and Dylan’s relationship ended when Sedgwick found out that Dylan had married Sara Lownds in a secret ceremony – something that she apparently found out from Warhol during an argument at the Gingerman Restaurant in February 1966.

According to Paul Morrissey, Sedgwick had said: “‘They’re [Dylan's people] going to make a film and I’m supposed to star in it with Bobby [Dylan].’ Suddenly it was Bobby this and Bobby that, and they realized that she had a crush on him. They thought he’d been leading her on, because just that day Andy had heard in his lawyer’s office that Dylan had been secretly married for a few months – he married Sara Lownds in November 1965… Andy couldn’t resist asking, ‘Did you know, Edie, that Bob Dylan has gotten married?’ She was trembling. They realized that she really thought of herself as entering a relationship with Dylan, that maybe he hadn’t been truthful.”

Several weeks before the December 29, 2006 one-week release of the controversial film Factory Girl, described by The Village Voice review as “Edie for Dummies.”The Weinstein Company and the film’s producers interviewed Sedgwick’s older brother, Jonathan, who asserted that she had “had an abortion of the child she was (supposedly) carrying by Dylan.” Jonathan Sedgwick, a retired airplane designer, was flown in from Idaho to New York City by the distributor to meet Sienna Miller, who was playing his late sister, as well as to give an eight-hour video interview with details about the purported liaison between Edie and Dylan, which the distributor promptly released to the news media. Jonathan claims an abortion took place soon after “Edie was badly hurt in a motorcycle crash and sent to an emergency unit. As a result of the accident, doctors consigned her to a mental hospital where she was treated for drug addiction.” No hospital records or Sedgwick family records exist to support this story. Nonetheless, Edie’s brother also claimed “Staff found she was pregnant but, fearing the baby had been damaged by her drug use and anorexia, forced her to have the abortion.” However, according to Edie Sedgwick’s personal medical records and oral life-history tape recorded less than a year before her death for her final film, Ciao! Manhattan, there is credible evidence that the only abortion she underwent in her lifetime was at age 20 in 1963.

Throughout most of 1966, Sedgwick was involved in an intensely private yet tumultuous relationship not with Bob Dylan, but with Dylan’s closest friend, Bob Neuwirth. During this period, she became increasingly dependent on barbiturates. Although she experimented with illegal substances including opiates, there is no evidence that Sedgwick ever became a heroin addict. In early 1967, Neuwirth, unable to cope with Sedgwick’s drug abuse and erratic behavior, broke off their relationship.

Poor woman is all I can say, and I still like Dylan I admit because of his music.
Here’s a great song by The Cult about Edie: http://www.youtube.com/watch?v=zpkVt9XTdtg

Helen asks…

Did anyone read “The Summerhouse”?

I’m looking for a summary for that book by Jude Deveraux and can’t find any on the internet. It’s not on cliffsnotes or sparknotes.com. Can anyone tell me about the book or send me a site that does?

Sport answers:

There are several Editorial Reviews and more than 140 Customer Reviews at this Amazon site.

Http://www.amazon.com/Summerhouse-Jude-Deveraux/dp/0671014196/ref=sr_1_1?ie=UTF8&s=books&qid=1229522290&sr=1-1

“Kirkus Reviews Popular romancer Deveraux (Temptation, 2000, etc.) poses a question: What if you could go back in time and lead a different life?
And three very different women who met briefly 20 years earlier reunite and discover the answer. Of course, they only expected to swap family photos and lie to each other about how young they still look. There’s Madison, born out of wedlock, uneducated, formerly a budding supermodel from a tiny Montana town, who gave up her career for the rich boy who once said she wasn’t good enough. A horrific accident left Roger partially paralyzed, but Madison selflessly nursed him back to relative health and then married him, until he dumped her again. There’s Ellie, bestselling writer, whose husband, mooching musician Martin, took her for every penny she had in divorce court. (And to add insult to injury, she went on to gain 40 pounds.) There’s Leslie, bored to death by her safe suburban existence and Alan, her insurance agent husband who has to have everything his way. Leslie’s family walks all over her, and she’s never done anything important with her life (this is somehow all their fault). This dreary trio gathers at a cute-as-can-be summer cottage in Maine where they catch up, in tiresome detail, on each other’s lives. On a whim, they visit Madame Zoya, a mysterious fortuneteller who sends them back in time. Madison meets a nice doctor, has a passel of kids, gets a physical therapy degree, and opens a clinic. Ellie latches onto the hunk of her dreams (a lawyer), who devises a way to outfox her nasty ex once and for all; they have a son and live happily ever after. And Leslie tells Alan she wants some changes made. Wonder of wonders, he complies and so do her bratty kids.
Tepid soap opera from the usually lively Deveraux. As revenge scenarios go, these lack bite—and the unsophisticated prose doesn’t help.
(Kirkus Reviews, April 1, 2001)”

“Nineteen years ago, three young women met while waiting in line at a motor vehicles office in New York City. They were all newcomers seeking fame and fortune, eager to take on the world. After an enjoyable afternoon together, the women went their separate ways. Years later, Ellie Abbott reunites the three at her therapist’s summerhouse in Maine for a weekend that will change their lives.

Life has not been kind to the women. Ellie’s dreams of becoming an artist have not been realized…”
http://www.theromancereader.com/deveraux-summerhouse.html

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Questions And Answers From Best Personal Injury Attorney Nyc

Sandra asks…

Can someone please tell me a theme in the novel “The Sweet Hereafter”?

I’m thinking it’s about a tramatic loss, but I don’t know if that would be considered theme…

Sport answers:

I beleive that you are correct and that is the theme.
Here is a breif review…

The Sweet Hereafter is a multiple first person narrative depicting life in a small town in Upstate New York in the wake of a terrible school bus accident in which numerous local children are killed. Hardly able to cope with the loss, their grieving parents are approached by a slick city lawyer who wants them to sue for damages. At first the parents are reluctant to do so, but eventually they are persuaded by the lawyer that filing a class action lawsuit would ease their minds and also be the right thing to do.

As most of the children are dead, the case now depends on the few surviving witnesses to say the right things in court. In particular, it is 15 year-old Nichole Burnell, who was sitting at the front of the bus and is now paralysed from the waist down, whose deposition is all-important. However, she unexpectedly accuses Dolores Driscoll, the driver, of speeding and thus causing the accident. When she does so, all hopes of ever receiving money are thwarted. All the people involved know that Nichole is lying but cannot do anything about it. Only her father knows why, but he is unable to publicly reveal his daughter’s motives.

The novel captures the atmosphere in a small town suddenly shaken by catastrophe. Fathers take to drinking, secret affairs are abruptly ended, whole families move away. Only the reader/viewer knows that Mitchell Stephens, the lawyer, is himself a troubled man who has effectively lost his own child—his estranged, drug-addicted daughter informs him over the phone that she has just tested HIV positive.

Paul asks…

Do I have to pay back overpay? ?

I worked for the New York City Department of Education two years ago. Some lawyers representing them say I owe the DOE lots of money that was paid to me by accident my last pay period there. Can they take me to court? How will I be ordered to pay that money? What should I do? Just pay it? (I think they’re right about overpaying though). Or let it come to the court thing? What options do I have here?

Sport answers:

Well you could always sit back and let them take you to court, I think that is the only way they could force you to pay. If they have over paid you, and they have proof of it, then you have received money that you have not worked for or earned. There is a legal theory called, restitution, which the company will be able to use against you. Restitution is getting a benefit for something you didnt do. Or, someone didnt get paid for a benefit you incurred. So, since you got money you didnt not earn, that money is technically still the companies, so they would have a right to it back.

If you dont want to go through the legal process, then you might consider paying it back. If you are still concerned, I think you should consult and attorney before doing anything, and see what the attorney says.

William asks…

what are the best chick flicks to watch?

I’ve been sick all day and been watching movies but now I’ve run out of films to watch. Can anyone let me know if there are any chick flicks worth watching?

Sport answers:

Here are some I loved:

TRISTAN AND ISOLADE: An affair between the second in line to Britain’s throne (Franco) and the princess of the feuding Irish (Myles) spells doom for the young lovers. Stars James Franco, Sophia Myles, Rufus Sewell and David O’Hara.

LOVE ACTUALLY: Follows the lives of eight very different couples in dealing with their love lives in various loosely and interrelated tales all set during a frantic month before Christmas in London, England. Stars Hugh Grant and Colin Firth.

50 FIRST DATES: Henry Roth (Adam Sandler) is a man afraid of commitment up until he meets the beautiful Lucy (Drew Barrymore). They hit it off and Henry think he’s finally found the girl of his dreams, until he discovers she has short-term memory loss and forgets him the very next day.

NOTTING HILL: Can the most famous film star in the world fall for just an ordinary guy? The life of a simple bookshop owner changes when he meets the most famous film star in the world. Stars Julia Roberts and Hugh Grant.

WHAT WOMEN WANT: After an accident, a chauvinistic executive gains the ability to hear what women are really thinking. Mel Gibson and Helen Hunt.

MONSTER IN LAW: The love life of Charlotte is reduced to an endless string of disastrous blind dates, until she meets the perfect man, Kevin. Unfortunately, his merciless mother will do anything to destroy their relationship. Stars Jennifer Lopez and Jane Fonda.

27 DRESSES: After serving as a bridesmaid 27 times, a young woman wrestles with the idea of standing by her sister’s side as her sibling marries the man she’s secretly in love with.

TWO WEEKS NOTICE: Sandra Bullock stars as Lucy Kelson, Chief Counsel for the Wade Corporation, one of New York City’s top commercial real estate developers. She’s a brilliant lawyer with a sharp, strategic mind. Her millionaire boss, George Wade (Hugh Grant) is handsome, charming and undeniably self-absorbed; he treats her more like a nanny than a Harvard Law grad and can barely choose a tie without her help. Now, after one year of calling the shots-on everything from his clothes to his divorce settlements – Lucy is calling it quits.

THE WEDDING DATE: Single-girl anxiety causes Kat Ellis (Messing) to hire a male escort (Mulroney) to pose as her boyfriend at her sister’s wedding. Her plan, an attempt to dupe her ex-fiancé, who dumped her a couple years prior, proves to be her undoing.

SIX DAYS, SEVEN NIGHTS: Robin Monroe (Anne Hecht), a New York magazine editor, and the gruff pilot Quinn (Harrison Ford) must put aside their mutual dislike if they are to survive after crash landing on a deserted South Seas island.

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Questions And Answers From Best Personal Injury Attorney Nyc

Mark asks…

Can car accident attorney place lis pendens on a house in New York State?

IIf a vehicle is involved in an accident, and the insurance company has not settled the claim yet, and the person claiming injuries files a lawsuit against the vehicle owner, can the plaintiff place a lis pendens on the home of the vehicle owner?

Sport answers:

I’m an insurance rep in CA… The claimant (person you hit) can not file a suit against you if you have enough liability coverage under your auto policy. As long as you we’re insured during the accident, you’re insurance company should handle the claim in full. Contact your adjuster and let them know what’s going on. They should be able to handle it from there… As long as you have enough coverage!

Daniel asks…

How bad/unsafe was New York during the 1970s through early 1990s?

I’m only 21, and I went to NYC as an 18-year-old and found the city to be, for the most part, clean and very safe. I also found its people to be wonderfully unique–rushed but helpful, sweet and courteous but sometimes curt, and very strong.

However, I’ve heard stories about NYC’s past that lead me to believe that the City has really cleaned up in the past few years. I saw some pictures of old MTA trains and stations from the 1970s and 1980s that looked filthy/unsanitary and graffiti-ridden. I know the City had a large population loss in the 1970s and gained some of it back in the 1980s; however, the 1980s saw 1500-2000 murders each year, and the climax came in 1990 with over 2200 murders. So the murder, and I assume overall crime, rate were very high.

My question is this: Was the NYC of yesteryear truly as bad is it’s been made out? What do you think of the “new and improved” NYC, if you will?

Thanks!

Sport answers:

I lived in the city area for most of 52 years before moving to Ohio. I had a major accident one day when a “squegee” man–a homeless man who tried to wipe windows on the street, approached two women in a car and freaked them out. It happened often. Rudy made sure these men could no longer be on the street.

I remember standing in NYC one day in the 90′s and saying something was differnet and not knowing what it was-til I went with my hearing impaired son one day and realized–IT WAS QUIET—none of the rush hour noises that you see in movies….RUDY DID THAT.

Rudy was not the only one—Cuomo, who was form the city, and Pataki and others worked on this…but as a former US Attorney, Rudy came in like Marshal Dillon in Gunsmoke, and he had a hand in cleaning up the town.

Before that, the Knapp Commission had weeded out the cops that were in with others—like shown in the movie, Serpico.

New York was not safe in the 1970′s-at rush hour, walking down the steps to Pennsylvania Station, I wa smugged and all any o fthe people rushing to catch trains would say is excuse me, I’m late for my train.

People had no care for others, it seemed.

42nd street was filthy…porn shops all over the place, with street corner hookers right outside. They are family stores these days.

I want Rudy as President….I truly think we would have less problems with immigration laws and such. He may not be a nice guy–he is a tough former US attorney, but not being a nice guy meant he did not take any nonsense from people….I think he would do a great job and I said that long before 9/11, when I saw how he helped make the city better.

Joseph asks…

is it possible to create a forged a car title?

could it be done? how hard would it be to make a fake title?

Sport answers:

A class-action lawsuit against Carfax claims the company doesn’t have access to police accident data in 23 states — and therefore doesn’t live up to its promise of disclosing hidden problems in used vehicles.

Carfax claims its search service is “your best protection against buying a used car with costly, hidden problems.” But in their suit, Tennessee attorneys Frank Watson and David McLaughlin charge that Carfax’s ads promise more than it can deliver. Carfax fails to disclose the limitations of its database, they said.

McLaughlin and Watson charge that auto dealer Mid-South Motors purchased a 1995 BMW 525i from another wholesaler in 2002 after buying a CARFAX report that showed no ?salvage? Brands and no police accident or damage disclosure records.

A subsequent check of a database maintained by the National Insurance Crime Bureau (NICB) revealed that the BMW had been declared a ?total loss? Three separate times after accidents in New York, Florida and Georgia that were reflected in police accident records, according to court documents.

Similar incidents have been reported to ConsumerAffairs.Com. “My daughter totaled a car that was resold to me by my insurance company and I ran It and It came back clean,” said Dennis of Destrehan, La., in a recent complaint.

Another consumer, Mitchell of Newport News, Va., said he paid $38,000 for a car that got a clean bill of health from Carfax, only to be told by police that it was stolen.

Critics also charge that some unscrupulous dealers are hiding behind a clean Carfax, using it to pass off damaged cars to customers, then claiming ignorance if the consumer

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Questions And Answers From Best Personal Injury Attorney Nyc

Maria asks…

what are all the the expenses involved with a car, including daily and long term maintenance?

Sport answers:

1. Purchase price and/or financing ( long term)

2. Licenses, inspections, registrations. (based on annual costs)

3. Insurance

4. Regular changes of oil and filter every three-four thousand miles

5. Gasoline costs

6. Annual ( or more) tuneups

7. Maintainance on car and changing major compontnents of a used car, according to manufacturer’s suggested schedulae as outlined in their books

8. Tolls on roads

9,Parking, soeeding tickets, and other orad vioilations.

10. If DWI, bail costs while driving intoxicated if caught and arrested…attorney costs likewise

11. Car washes, detailing if desited, upgrades and improvements in seat covers, radios, stereos…

12. If in an accident, the out of pocket costs for repairs from deductibles.

13. Replacement tires and batteries every few years.

14. General repairs, such as new water pumps. Timing belts and chains, filters, radiators every few to several years.

15. Air refrehsneners, extra large cli on mirrirs, armor all to brighten tires, etc…purchase and slef- apply

16. Car seats for children

17. Cushions for adults uncomfortable in car seats

18. Engine anti-freeze for winter, window wash fluid.

19. Transmission tune ups every many years

20 Parking fees.

21, In NYC, a=n auto use annual tax.

Ken asks…

I wish to share a big injustice done to me & hear your thoughts & reactions.?

Sept.’05 I walked home, crossing an avenue in NYC. When light turned to “WALK” for me, I crossed in crosswalk,looked cautiously both directions, saw no cars coming. (rainy night) I reached midway thru 4th Ave. then struck at hi-speed by a car – driver was 19yr old girl with REVOKED license. I was flung several yards down the road. I awoke in ICU, with broken legs,broken pelvis, spinal fractures, & my 1st time ever, Massive heart attack (from loss of blood & stressful shock to my heart). I now have only 1/3 living heart tissue, & 2/3 dead scar tissue. I am in severe heart failure, limbs swollen badly with water edema, lungs & heart overloaded with water. I can no longer walk freely. No cures or remedy to restore my heart.
Police didn’t do breathalyzer test, police never came to hospital to interview ME.. Girl said “I never saw” him crossing. Driver got only a $50 misdeameanor ticket for driving unlicensed. No criminal charges filed against this driver.
The DA insisted that since no witnesses, no proof of malicious intent or reckless driving, she had no basis to charge driver with felony. DA said no further police investigation was warranted, & that police don’t have to interview ME at the hospital. Since it was pedestrian hit by car, DA refused to engage accident reconstruction investigators. Several top civil attys REFUSED to sue this driver, they did asset check on her & her mom (who owned car) no assets to sue for. Civil attys also refused to sue NYC as waste of their time. I sued insurance of the mother but GEICO will only pay the cap of the policy (100K), not one cent more.
I feel that driving unlicensed should be a felony with mandatory 6-12 mo. prison term. NOT a misdemeanor like littering.
This 19 yr old girl gave me CATASTROPHIC injuries & a failing heart – but the DA says it was “accidental” and merits no court action. A car is a lethal weapon & this girl ruined my life with no remorse. Do you feel the law is fair?
I believe I have a good idea how the driver hit me. she was far away when I began my crossing of 4th Ave. she was going FAST, trying to hit a series of lights just as they turned Green for her. But she drove so fast & reckless that she reached my corner a bit too early, the light was still red for her maybe by several seconds, or more, but she, speeding, playing her radio, hugging her boyfriend, talking on her cellphone, didn’t notice a man in the crosswalk midway thru the avenue. She shot thru me without slowing down or hitting the brakes, or swerving, since as she told police “I never SAW the man”. Yes she didn’t “SEE” since she didn’t “LOOK”. She overshot the red light, her timing was too close, she gave no leeway – in her haste to hit all the green lights in succession. She caused me grave injuries, with REVOKED license, she should serve time. Her and her mom have NO assets that attys felt worth their while. I am sure she is out tonite driving again, just like before.
NOTE TO PROUD HI – Sadly, in NYC the DA confirmed driving with revoked license, expired license, suspended license, are all MISDEMEANORS, how I wish they were felonies. Not in NYC.
and in order to get the 100K her insurance policy will pay, I must sign off a waiver agreement never to sue her or her mother until the “end of the world.” when you talk to top attys like I have, your hear the grim reality.
TO QSB: thanks for the encouragement. Sadly, here in NYC unlicensed driving is truly a $50 misdemeanor. the DA refused to provide me with her file # for this docket , saying the case is closed. DA insists that police not obligated to come to hospital later when I am conscious. She claims as soon as accident over, the next day it became her case, no more police involvement. I demanded to know WHY WAS VEHICLE NOT IMPOUNDED?? good point. No answer from the DA. I suspect these people know someone influential in the police. No photos, taken on the crime scene, no breathalyzer tests. No vehicle impounded. DA was hostile to me from the get-go. Civil attys I consulted said this is typical for NYCity DA’s. Where and how do I find a crime advocate or victim’s advocate?? PLease tell me how? and thanks for your sharp observation. The whole thing was a dirty whitewash. I could not do more at the time, as I was in wheelchair with broken leg. No one to go to DMV or anywhere for me.
TO SCT: I was informed by the DA that EI techs found my body sprawled in the road “several yards down from the crosswalk”. I neer got to see the file to know exactly how many yards. Yes I believe there were two overhead street lights on that corner (if I recall correctly)
I wore a black pants and tan jacket, it was a drizzly, somewhat foggy night. & yes, when i cross a street, I don’t simply go by the light ONLY, I look defensively both ways, to see if cars are truly slowing down or turning or whatever. Here in NYC – if you don’t look defensively, that is suicide. You cannot trust only in the green light or “WALK” sign. The DA did not blame me for anything specific. She said I expected too much of her and cases like mine are low-priority. I fought with her over WHY
was vehicle not impounded.? & WHY did police not come later to hospital to hear my testimony ? WHY? DA said they don’t have to. -4th Ave is fairly wide avenue – can accomodate 2 lanes in either direction. but what is notable is that 4th Ave. has no stores or commerce at all in this area. the lights are timed so you can hit 12 or more green lights in a series, & drivers speed on this ave. higher than the inner-city limit, unlike other nearby avenues.
Yes the law should make any unlicensed driving a felony with jail time. A car is a lethal weapon which can injure & kill so badly. I am unlicensed and if I get behind the wheel, then I ought to be jailed. Cause I endangered others’ lives – that’s why. If the DMV says you must cease driving till you get your car inspected, get insurance, pay violations, etc. then you must obey and respect the law. And yes, DWI should be arrested & car impounded to show society means business. The law is above everyone so to prevent CHAOS in life.

Sport answers:

This happens way too much. Check your state’s laws regarding injury accidents. Here in California a doctor is no longer allowed to put an end date on a serious injury. Also, contact and talk to your state’s insurance commissioner office regarding this. Her auto insurance company should not be attempting to get you sign off any liability concerning this incident, since your injuries are continuous. The biggest thing you should do immediately is to go to DMV and get a copy of her driving record, and make sure this incident and the citation are listed on her driving record. DMV will ask you fill out your name ect. And they will contact her that you got a copy, but that’s okay, let the little you-know-what sweat. Hey, you never know, you may hit paydirt with that report… Is she unlicensed or license suspended… HELLO!! And if it’s suspended, find out why, that will help your case. Before you leave DMV look at the report, if there are any codes on it, ask them what the codes mean and then ask if there is a print out sheet that will help you with the codes. Also get a copy of the police reports, a report/letter from the DA, etc. This is going to take time, and by the time you find a lawyer to help, all this info may have reached it’s time limit and be automatically purged from her record. Also, instead of looking for an attorney, look for an advocate (victim’s advocate, insurance fraud advocate). These people are similar to lawyers only meaner.
UNDER NO CIRCUMSTANCES SHOULD YOU SIGN OFF ON ANYTHING!!!!!
If she was driving without a license the vehicle should have been impounded, as well. This just sounds too dirty to me. Either she, her BF in the car, or her parents know someone. Speaking of parents, you mentioned only her mother, what about her dad? Even though she was 19 at the time of the accident, if she was going to school and daddy was listing her as his dependent…. ZING!
I have never heard of police not taking pictures of an injury accident scene, or getting statements from all parties involved, including witnesses. This is just not right.
Seek an advocate, immediately.
I wish you the best of luck and God’s speed.
I wanted to add one more thing… Here in California she could have been charged. Driving without a license is a crime… If an injury occurs while a crime is committed charges can be filed. Regardless of whether or not the crime is “just a misdemeanor”. Also, again, here is CA, when there is no way to tell true fault in an auto accident, it was default to whomever committed a traffic violation… In this case she was committing a traffic violation by driving without a license, therefor the obvious is if she had not violated the law and drove, the accident would not have occurred. Thus the accident automatically is marked as “her fault”.

David asks…

lawsuit agnaist nyc parking garage?

a few days ago i dropped my truck into a nyc parking garage. i returned a few hours after to put something in my car only to find out the guy who parked it backed into a wall and destroyed my back door. i was scheduled to return later that night to pick up my car and they assured me that the back window would be sealed up. when i came back later that night my truck was out in the open with a smashed window and nothing done. to make a long story short i had to seal up window myself and received numerous cuts on my hands and a bad strain in one of my legs in the process. im not worried about the damage buy i am furious at these people and how they handeled situation. can i personally file a lawsuit agnaist them and have them compensate for my injuries and more. i know garages are awfull when it comes to this but my experience was terrible here……i need advice. thanks…

Sport answers:

A very good question.

Parking garages can have limited liabilities when it comes to accidents or damage to a vehicle. The limits are usually posted near the entrance to the garage or near the office in the garage.

The best thing for you to do is to consult an attorney because if you tried to sue on your own you’d have a tough time. {You’d be suing for damages to the truck. As for the cuts on your hands and your leg strain that would be harder to sue for because you made the decision to seal up the window on your own, rather than have it done by a mechanic}.

It would help if you had pictures of before you parked at the garage and then after you got back to the truck (before you fixed the window). The more definitive evidence (Pictures, witness accounts receipts, etc) you can present to support your case the better chance you have of getting something. Otherwise it is your word against the garages’ and they could deny everything (even deny you had parked there)

I am sorry you had a bad experience.

Good Luck

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James asks…

which type a lawyer do i need to make my current job pay for a ambulance bill?

I was recently in an car accident and went to the hospital from it but nothing serious. But I receive ttwo bills one from the hospital and one for the ambulance that transported me. My job is paying for the hospital bill but refuse to pay the ambulance bill which is much higher than the hospital and its pass the deadline so now I’m screwed until the bill is paid off. I need a lawyer but I don’t know which type to look for in new york. Do anybody know any lawyer sites or sumthin?

Sport answers:

I don’t have enough knowledge about your case. But as you are asking that you need to conceder with a lawyer or attorney. Then I want to suggest you that there are some good law firms in New York, those has all kind of lawyers. And I know such kind of law firm and also want to suggest you as I have good experience with that law firm.

You can simply contact them through their website http://spire-law.com/contact/ OR call them at (877) 475-2448

Donald asks…

Where can I find a traffic accident attorney in New York?

I am a licensed for hire vehicle cab driver in Park Slope. A driver from my own company cuts me off and slams on his brakes causing me to slam right into his vehicle. Proceeds with a police report. Help?

Sport answers:

Step 1:Stand on any corner.

Step 2: Throw a rock in any direction.

Step 3: Odds are, whoever you hit is a lawyer.

Sharon asks…

What is the difference between personal injury and tort of battery?

In Illinois, if somebody assaulted you, do you file a civil personal injury claim or civil battery claim? And if it is civil battery, under which law you file it? any details will be helpful.

Sport answers:

Now, I’m a New York attorney so this is not for sure and I don’t Illinois law, but in NY your question would not make sense. Personal injury is a category of law that people practice. For example, a personal injury attorney may represent victims of car accidents, work accidents, anything involving bodily injury. Now, in order to sue for that injury, they must find a claim. Your example was battery. Battery is an act that causes personal injury, therefore, the claim would be for battery.

Furthermore, you need to find out if battery is still on the books in illinois. If it is, you proceed with your lawsuit by determining what the damages are. You cannot have any thing if you ahve no damages. They may be emotional damages, physical or financial damages. Then add that up. If it is over the amount allowed for you to use small claims, then you will need a lawyer to sue. If it is under te small claims amount you can represent yourself. You must bring proof that proves your case beyond a preponderance of the evidence in order to win.

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Ken asks…

CAN I STILL SUE IF I LEFT THE SCENE OF AN ACCIDENT I HAVE BEEN IN PAIN SINCE?

I WAS IN A NYC BUS ACCIDENT 1YR AGO I THOUGHT I WAS OKAY (WELL THAT WHAT FELT WOULD GO A WAY SOONER OR LATER) I LEFT THE SCENE OF THE ACCIDENT BECAUSE MY CHILDREN WERE ABOUT TO COME HOME FROM SCHOOL SO I HAD TO RUSH HOME IVE BEEN IN PAIN SINCE I SAW THE BUS DRIVER AND TOLD I THINK I GOT HURT IN THE ACCIDENT A FEW DAYS AFTER THE ACCIDENT AND ASK FOR HER ID NUMBER SHE GAVE IT TO ME WITH NO PROBLEM WHEN I LEFT SHE CALLED ME BACK AND SAID SHE HAD THE REPORT NUMBER TOO SO SHE GAVE IT TO ME ALSO – SOME PEOPLE SAY I CAN’T DO ANYTHING BECAUSE MY NAME IS THE ON THE ACCIDENT REPORT BUT I FEEL LIKE SOMEONE NEEDS TO PAY FOR MY SUFFERING IT’S EFFECTING MY A LOT I AM SO DEPRESS CAUSE IM ALWAYS IN PAIN MY 32 WITH 3 KIDS AND I FEEL SO HELPLESS , I CAN’T CLEAN THE WAY I WANT TOO , CAN CARRY ANYTHING , I WAS IN SEVERE PAIN FOR OVER A WEEK NOW JUST FROM CARRYING LITTER FOR MY CATS I DON’T THINKS ITS RIGHT THAT I HAVE TO LIVE LIKE THIS JUST BECAUSE I LEFT TO GET HOME TO MY KIDS

Sport answers:

Speak to a lawyer, but since there is no proof you were even ON the bus, and after all this time it’s impossible to expect a witness to testify to your presence, you’re probably SOL, I’m afraid.

Carol asks…

Nyc stop sign obstruction?

I was in an accident where a man blew a stop sign and really injured me bad. In the police report it says, “tree obstructed mans view of the stop sign”
The tree clearly did obstruct the view and there was only one stop sign on his right side. Also there is nothing on the floor saying stop or even a cross walk line. Isnt the city obligated to trim and prune the trees? Im currently in the middle of a lawsuit with the city. Whats the chances of them setteling with my lawyer?
Also, now after everything that is going on ibsaw that the city went to the location and trimmed the tree down so the stop sign is visable! I think that can only mean something good for me. Anyone have info for me?
Yes we did document everything.. My lawyer even made a video tape of the accident scene!

Sport answers:

I hope you took pictures of the tree before the trim job…go take pictures of no lines in the street at the intersection….that is a clear violation for the city…. You need to get everything in writing….the day tree was trimmed…by whom and document all. The city will probably go paint lines now…so hurry and get the proof!! If the tree was indeed blocking the stop sign that would be cause to cancel any violation of running a stop sign but I do not know who would be at fault for the accident. I am in CA and your laws might be different…but it sounds like you have a strong case against the city for code violations. Good Luck!!!
.

John asks…

MTA bus accident in NYC?

Hi everyone;
I just want your advice about what happened to me today.
I was riding the bus in downtown Brooklyn ( B67 to be more specific) and when the bus approached my stop I got up to get off the bus, but suddenly the bus hit a truck ( the truck was in front of the bus), so I fell on my back and hit my head, my arm and my fingers. I felt a HUGE pain in my lower back and legs, and because I’m 24 weeks pregnant the bus driver called an ambulance to take me to the hospital. There, they did a sonogram and everything else and the baby was fine.
My question is who’s gonna pay the ambulance ( FDNY) and the hospital since my insurance may not cover me bacause I just filled out the renewal form and it may take a while to reactivate my insurance.
And whose fault was that? Me, the bus driver or the truck driver???
Thanks

Sport answers:

You’re going to have to pay all your medical bills for now (you can thank Republicans for that), and you’re going to have to contact a lawyer to look into suing the city and the truck driver. Chances are, it’s probably just the bus driver’s fault for rear ending the truck, but it really depends on all the circumstances of the accident. It’s also possible you might be found something like 5% at fault for standing up while the bus was still in motion, but I rarely ride the bus myself so I really don’t know what the rules are regarding standing while the bus is moving. Hope that helps.

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Mark asks…

How can i find a personal injury lawyer around ny?

I need the services of a lawyer who is specialised in personal injury. How do i find one please?

Sport answers:

I believe the services of a personal injury lawyer of repute in new york will help. I have used their services and they proved their worth.

Donald asks…

where i can get the best personal injury legal service in new York?

where i can get the best personal injury legal service in new York?

Sport answers:

The one place i heard of that got someone a good settlement was located in the Empire State building & any librarian can help you look them up in a manual the lawyers have called,
Martindale and Hubble.
GOOD LUCK

Sharon asks…

How to fine a good Personal Injury Attorney?

My wife was injured over a year ago by a drunk driver. The Insurance company has been slow to pay medical bills and now wants to settle for little more. I regret having to go to an attorney, but I think she deserves more. Question: How can you find a reliable attorney that will give you an honest assessment of damages and pursue the case for us? Is there a list or something. I know nothing about lawyers or the law so it will be a learning experience.

Sport answers:

You would first ask your question by revealing your location, a Lawyer in California may not help if you are in New York, so without knowing where you are getting a reference from the BBB or looking in your phone book would be about the only way other than asking people in your area who you trust, the ABA is controlled by lawyers and very seldom will they give you an accurate evaluation. Yahoo search has a useful list of lawyers for your area and you could type your location and lawyer into it and get a list toe evaluate, lawyers will usually send you a packet with their accomplishments in it if not they probably do not have any.

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Ruth asks…

How common is it for someone to lose their license from a speeding ticket in the state of new york and also?

if you have a few extremely minor accidents.

this is 6 points on the license by the way
and also what if someone was tracking that persons speed at home on a gps and the speed was different than that of the cop

Sport answers:

I’m not a lawyer.

If you are a NY State resident, with a recent history of accidents, then a single speeding ticket should not result in a suspension or loss.

Now the NY DMV gives a lot of reasons for exceptions:
Driver 18 years old, but less than 6 months driving is on ‘probation’. During probation, and speeding or other serious offense can result in suspension/ revokation – plus when you get license back, you get 6 more months of probation.

Lots of other offenses, some not even traffic-related can allow a judge to take or suspend your license.

In NY, a 6-point speeding ticket means you were driving 21-30 mph above the limit. You’re lucky that the cop didn’t also write you up for racing ( an automatic suspension!) or reckless / careless driving ( separate offenses with added points).

So, unless you can afford an expensive good lawyer on this, I think you’re best bet is to ask the prosecutor & cop to let you plead this down to a lesser offense – like < 20 mph over limit.
( Unless the cop already gave you a break)

Using personally collected GPS evidence is going to be hard. Even if you had a newer car with a "black box" and downloaded the info from there.. This is all evidence that the courts don't usually see.
Courts are used to seeing police officers testify, they are trained in using radar and laser to measure speed, and the equipment is regularly tested and calibrated.
Your evidence will have to stand up against professional scrutiny, and if you look it up, GPS has a flaw built-in on purpose, so it is not super- precise.
If your GPS evidence says anything within 3-5 miles per hour of what the cop says, then you are helping make their case. I really wouldn't even mention this unless you have a good lawyer and the professional expert witness to back up the technology.

So, basically:
if this is your only ticket in the last 18 months, you are over 18, have had your license a year or more, and you have no other points on your license, then NO, a single 6-point speeding ticket probably won't result in a suspension.
The judges do have some latitude – so they could suspend you if there are other circumstances and they decide to push it.

My best advice is to call for your court date – show up a little early, and respectfully approach the prosecutor before the judge takes the bench. Ask the prosecutor ( DA) if you can plead this down to a 4-point offense. Be ready to pay that ticket right away.
They may ask you to articulate – or put your statement of "Yes, I'm guilty of speeding xxx miles per hour…" on the record. Don't be too nervous if you've never been in court before.

If you can't get them to cut the charge down, maybe the cop won't show. If that happens, just plead not guilty, and you'll be called back for a second court date. On that date again, try to get the DA and/or cop onboard and plead down to a 4-point offense.

If the cop and DA won't budge, then change your plea to "no-contest" –
( It's kinda like saying – look, I can't win this case, so treat me like I'm guilty and get this over with)
if you have an explanation why you were in a hurry, tell the judge ( needed to use bathroom, pregnant wife, dying relative- don't lie & bring evidence if you have it )
** actually – if you do have a reason, tell the DA this when you ask to plead down in the beginning.

Apologize to the court, to the judge, and to the officer. Ask the judge if there's any way he could lower the charges – 6 points means you have an extra cash surcharge for the next 3 years, on top of any fines and court costs. This is your last chance. If the judge thinks you are honest, respectful, and really mean your apology, you've got about a 50% shot they might lower the fine and points.

If they don't like you for any reason – especially if they think you are lying – then this will make things worse. About 20% of the time, they will increase the penalty if you are lying and it is obvious.

Sharon asks…

Where would the trial take place in a scenario such as this?

Mr. Jones is from New York and is driving his car south on Route 83 in York County Pennsylvania. Mr. Smith, who is from New Jersey, crashes into Mr. Jones in York, PA. Mr. Jones is injured in the crash and decides to sue Mr. Smith. In what state would the trial be held?

Sport answers:

It’s very rare that these types of lawsuits ever reach a court room. They are usually settled within 3 years between the lawyers and insurance companies. However, in the unusual event that it does go to court, it would be held wherever the accident occurred.

Steven asks…

how much do laywers charge in new york state ?

in new york state in the tri state area charge for taking a accident case? i am thinking thinking bout gettin one for my accident, i just have heard many cases of people gettin chiped off by the lawyers.

Sport answers:

It depends on the type of case, and for accidents, many attorneys give free consultations. This is a link to an article called “How to Find Legal Help When You Can’t Afford It” and it has links to legal information and legal assistance in every state:

http://www.courtreference.com/court-reference-blog/2007/12/19/how-to-find-legal-help-when-you-cant-afford-it/

New York online legal resources, including information about attorneys, fee disputes and lawyer referral services are available at this link:

http://www.courtreference.com/New-York-Courts-Online.htm

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George asks…

Does any one know a good affordable lawyer in NYC? I want to know if i have a case.?

My insured was sued and now its gone onto my lisence as an accident. I want to counter sue her. I belive that she is a fake. She made the claim months after the insident happend. We even went on vacation and she was alright.

Sport answers:

Try www.martindale.com

Susan asks…

Name emmalyn or karalyn? i really like names with lyn or something alone those lines?

need middle and last names too.
open to other suggestions too. its for a story. the girl is 24, grey eyes, brown hair,

Sport answers:

Hi! I really like the names you’ve chosen, and I think they’re very pretty however unfortunately they aren’t very realistic for a 24 year old. Take Emmalyn for instance. Emmalyn was not even registered as a name with the social security administration until 2010, meaning no one or next to no one named their child Emmalyn before that.

This means that realistically, there weren’t very many people naming their children Emmalyn 24 years ago… MAYBE one or two people in the united states but unlikely. So although it is a pretty name, and I like it, unless you decide your character is a 1 year old, its not a very realistic name. Realism is very important in fiction writing because it makes your characters believable.

You can try to make your character as interesting and pretty and amazing as you’d like, but she just won’t be believable and really move people unless she’s realistic. For example- characters with unrealistic but awesome names “Amarantha Daisy” that have every amazing trait “Nice and the most beautiful girl that ever lived, and SO unique” are called Mary Sues among people that write, and they are typically very boring, unrelatable characters that everyone hates. So in order to avoid this, try to make your character as realistic as possible and avoid using names JUST because you like them. I’m not saying your character is a mary sue, but hopefully you understand that its not something you want to try for.

If you need more information on what a mary-sue is: http://answers.yahoo.com/question/index?qid=20090813020052AAnkQwJ

Here are some criteria for naming characters.

1. What were the character’s parents like? (Strict, conventional lawyers vs farmers in utah vs teenagers that got pregnant on accident- all would name their children differently.)

2. What time did the character live in (medieval vs the 70′s) and where was she born? (Middle east vs NYC)

3. Do you want the name to play into the plotline somehow or say something about the character? (Don’t be OVERLY obvious about it though- maybe her name means brave and by the end of the story she overcomes a major fear she had. Maybe she absolutely hates her name because she was named after someone in her family that was a drug addict that tore her family apart, or someone who was perfect, that she had to follow in the footsteps of. Something to that effect.)

4. What ethnicity is your character? What is her last name?

5. It can and should be something you like, but try to think in terms of reality. What would a girl born in the 80′s realistically be called? What were the “cool” most popular names back then? If you don’t know, heres a website to help you:

http://www.ssa.gov/oact/babynames/

Just type in 1987 in the Popular Names by Birth Year box and hit go.

Here are some name suggestions: (all the first names are in the top 500 for 1987)

Caitlyn Salls
Chelsie Vanderpool
Cara Hallock
Adriana Ressler
Meaghan Keels
Jane Wold
Elise Farner
Amelia Mullet
Ashlie Gammon
Alyson Basile
Cierra Rolfe
Natalia Culligan
Haley West
Josephine Klemm
Genevieve Myler
Iris Capello
Jaclyn Mills
Emma Kepley

Hope this helps! :)

Jenny asks…

What happen to the guy Adam on Little House on the Prairie..?

Sport answers:

Malcolm in the Middle is Linwood Boomer’s most recent project. He is executive producer.

On the television show, Adam’s sight was regained by an explosives accident at Mr. Garvey’s freight business. He went to law school on scholarship and became a lawyer. They lived in Walnut Grove for a while but obviously business wasn’t thriving. He moved to NYC with Mary and worked in his father’s old law firm.

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Jenny asks…

How do you find a reputable SSD attorney?

I was diagnosed with fibromyalgia about four years ago (after suffering from it for well over a decade) and am currently unable to work. SO, I’m trying to find out how I would go about finding a reputable attorney that could help me with a SSD claim. I live in upstate New York, right between Saratoga and Albany.

Any suggestions would be greatly appreciated. Thank you!

Sport answers:

I worked for an attorney who specialized in personal injury, social secuirty and worker’s comp. He could be found in the yellow pages under attorneys and social secuity law.

However, I will be honest with you. We had a few clients who claimed disability regarding fibromyalgia and it was a very difficult burden to prove. You have to have some very extensive medical records to even show cause and even then it is an uphill battle.

A social security claim like that took YEARS in my rural state of Montana. In New York, it’s going to take longer just because there are so many more people making claims. I tell you this not to discourage you from applying, but to prepare you. If you are successful, expect to not see benefits for at least six or seven years if you are lucky.

I feel for you, I really do.

Susan asks…

Can anyone recommend a good personal injury attorney in new york?

Sport answers:

No.

Sharon asks…

Should i hire an attorney for my auto accident that happened 2 years ago?

2 Years ago i accidently rammed this guy’s SUV. SInce then i have moved to new york from houston texas. And today i was served with a summons. He is fighting my insurance company for injusries claim and i dont know what to do?
can i get some advice please?

Sport answers:

The statute of limitations in New York for personal injury claims is 3 years. They guy is will within the time period. However, if you had insurance, your insurance company takes over handling the lawsuit for you. You shouldn’t have to do much of anything. But I wouldn’t worry about “doing” anything. Mostly these things are settled prior to trial and chances are you won’t even know what’s going on. Your insurance company was obligated to inform you of the suit and will contact you when, or if, your assistance is needed.

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Maria asks…

I park my car in a garage in NYC. They just dented it but they deny it. Is there anything I can do?

I park my car in a garage in NYC and they just dented it causing probably several thousand dollars of damage. They vehemently deny it. Do I have any rights as a parking garage tenant? Or should I just resign myself to getting dents and paying for them as a part of the cost of parking in NYC?

Sport answers:

If it is a valet type garage where no one but their employees are allowed to park cars you might have a case.

I’m sure on the parking receipt they give you, or on he lease if you rent a space long term, there will be some disclaimer saying “not responsible for…..” basically anything!

I’ll bet there’s a sign with the same lawyer-speak hanging in the garage somewhere.

If it is a place with public access where people park their own cars, that limits the liability of the garage. In any case you should call the police and file a report. Hitting a parked car is a hit and run accident. The garage might have security tapes so you could see who hit your car, or a record of who parked near you.

If the garage has no tapes, just a bunch of TV screens in a security booth, you could say the attendant should have “got the number of the car that hit you”.

He, of course, could point to the disclaimer and say he was in the bathroom when it got hit.

One way to look at this: What if you were parked on the street and found the same damage on your car. Would you expect New York City to pay for the damage?

The garage will maintain all they do is provide a place to put your car for a fee. Period. They don’t agree to protect your car from all harm.

Now of course if a chunk of the garage fell off and hit your hood, or if they painted the garage and your car the same color, or a leaky pipe dripped on your car and damaged the paint, or if the attendant lowered the gate across your trunk as you drove through: now that would be their responsibility!

Linda asks…

Should all murderers receive a life sentance?

This is my topic for a debate, and I am saying No.

First of all, does this mean, in jail for life or killed?

So, this is a hard topic and i really need some things to say.

We talk about how if it was an accident, you should still be sent to jail but not for life. And we also talk about self defence and police and when is it legal? But our points aren’t very strong and when we talk about it in our group we sort of get off the topic.

If you have any ideas or anything it would really be appreciated.

Thanks

Sport answers:

A New York lawyer was on holiday in the state of Texas and for fun he decided to go to the courthouse to watch some cases. The first case he saw had the judge sentence a man to 30 years for robbery. He thought, “That’s a little harsh but understandable.”

The second case he saw had a man sentenced to 20 years for horse theft. He thought, “Wow, They sure are tough on horse thieves around here.”

The third case that he saw had a man sentenced to 1 year for killing another man. He couldn’t believe what he was hearing so he turned to one of the other spectators and asked, “What’s wrong with your courts? You sentence one man to 20 years for stealing a horse and another man only gets one year for killing someone?”

The spectator replied, “City slicker, have you ever seen a horse that needed stealing?”

John asks…

Can you tell me what happens in a book called Wish You Well by David Baldacci?

I need to know the plot from the beginning to the end

Sport answers:

Set in the days prior to US entrance into World War II, Wish You Well is a charming look at two worlds. The early chapters deal with Jack Cardinal, a successful yet struggling writer, and his family. His children Lou (named for her great grandmother) and Oz (short for Oscar) are so attached to their parents. Lou is very much like her father, while Oz is his mother’s son.

Baldacci sets up the conflict in a slow, often painful, manner. The father is having trouble making ends meet with his writing. His books, which reflect his childhood in the Virginia mountains, are successfully published but not selling. He has been offered a job writing for Hollywood meaning he would have to move his family from New York to California much to the displeasure of his wife Amanda. She much prefers moving the family back to Virginia if anywhere. There, Jack could be close to his adored mountains. Yet Jack has not been back home since he left; he has no intention to return.

When a car accident leaves Jack dead and Amanda in a coma, the appointed caretakers are left with no other alternative than to send the children and their lifeless mother to the care of the only living relative, Louisa Mae Cardinal, the elderly matriarch of the family. Louisa still lives on the Mountain near Dickens, Virginia a town that has lived and died with the timber industry and now is thriving with coal.

Life proves hard for the youngsters as they go from the hustle and bustle of New York City to the backwoods life of Appalachia. There is no running water or plumbing, no telephone, and no electricity. And while Louisa is elderly, she is strong and wise and teaches the children about the farm. We see them not only struggle with their father’s death and mother’s injuries, but also with a new way of life. In many ways, however, the children learn more about their parents than they had previously known.

Lou and Oz soon make friends with a colorful, backwoods boy named Diamond Skinner, his dog Jeb, a black man in his early twenties named Eugene Randall whom Louisa has raised, and a lawyer from Dickens named Cotton Longfellow. They also find the hard work that comes with living on the mountain and how unforgiving it can be even for youth. They work hard from before sunrise to dark squeezing in school in the acclaimed one room schoolhouse. But for Lou, this is like being in her father’s past. She sleeps in his old bed, in his old room, using his old desk to study and write, goes to the same school on the same mountain of which he had written so many now meaningful books.

We are allowed to watch as Oz hangs determinedly to the hope that his mother will revive and come back to them. He uses all types of “remedies” including a wishing well (from hence the title) shown to the children by Skinner. The idea is that they have to give to the well the most valuable thing they own, make a wish, and watch it come true.

The third conflict becomes the focus of the remainder of the book. The Cardinal family seems at war with Southern Valley Gas. As the coal runs out, Southern Valley Gas starts looking for other ways to rape the earth in the mountains. Meanwhile the town of Dickens is starting to experience a deep economic depression. Secretly, the Gas Company has discovered a natural gas reserve in a mine operated for private use by the Cardinal family.

At one of the saddest parts of the book, Eugene goes to the mine to fetch a bucket of coal. He sets up a stick of dynamite to blast the coal out of the rock. The children, Diamond and Jeb are with him. When Jeb spots a squirrel, he chases the animal into the mine. Diamond runs in to get him; Eugene goes in to get Diamond. They hold their breath (including the reader) when the blast goes off. Eugene comes out bleeding; Lou is knocked down standing outside the mine; Diamond doesn’t come out. They find his badly mangled body about 100 or so feet in.

A few days later, Lou and Oz discover men inside the mine, and they hear a strange hissing sound coming from a pipe inside a large room inside. They return to the house to tell Louisa and Cotton. Cotton knows immediately what is happening and tells Louisa to expect men from the company to be around soon with an offer.

They don’t have to wait long before the representatives are at the door offering to buy Louisa’s land. But the elderly lady doesn’t want to sell. This is her home, her life; she isn’t about to leave it. At least not without a fight.

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Susan asks…

How long to get a NY supreme court date to force contract performance for a co-op purchase contract?

There is a signed co-op purchase contract (attorneys for both seller and buyer are experienced NYC closing attorneys). The buyer is board approved and “ready, willing, and able” to close. The seller has changed their mind and does not want to sell anymore. After a “demand letter” is sent with a deadline to set up closing, how long would it take to get a court date to force contract performance? How far out would that date be?
At the most releveant NY court (I was told all contract performance cases had to go to NY supreme court)

Sport answers:

You can’t just go to the Supreme Court of the state without going through lower court systems first. And don’t expect to go the top of the list on lower courts. Generally, court actions for such types of civil litigation get lower priority than to cases for criminal actions. I’ve seen personal injury litigation cases take up to two years before a court date is had.

Joseph asks…

Do you need to go to an Ivy League law school to get a high paying job?

I live in New Jersey and am obviously in high school. My grades aren’t that good but that is because I failed freshman year because I was put into stupid classes by my school and though I was stupid. It is now junior year and I will be in honors classes in January. Then next year, Honors and AP. I figure that I will get into some good schools, I just need to get a good score on the SAT.

I do not know where exactly I will be accepted BUT, I hear that law schools really DO look at where you went to Undergrad as an admissions factor. WHAT!?

Then I have heard “Yeah, unless you went to an Ivy League law school you can forget about getting a job in NY. Its too bad because even though you will work your ass off, you will eventually get paid really well.”

That seems unfair. God knows what some of these partners in NYC make…

Is all of this really true?

I’m a hard worker but I screwed up a bit in high school. Do I have any hope of making a lot of money in Law or even getting a job in NYC. I WANT TO WORK IN NYC.
I don’t care about your mom or Bill Gates. I am talking about BigLaw in NY, where first year associates make 160,000 a year.

Sport answers:

You do not need an Ivy League, fancy name on your diploma to reach your career goal of earning good $$ as a lawyer in NYC. I am a lawyer in NYC and earn a good salary even though I graduated from SUNY undergrad and a local NYC law school (not ranked in the top 50). It’s all about what legal speciality you choose. Big corporate law firms in NYC tend to be only 5% of the legal employers out there, and are sought after only because they lure new grads with high salaries but end up weeding those lawyers out over the next few years. There are many other areas within civil litigation where $$ is plentiful and you are not constrained to work for a large organization. In law school I worked for a solo attorney who handled commercial litigation for small business and personal injury – his salary from 1 year alone when he first started out was about$ $ 180,000. He now makes north of $200K and employs several attorneys under his watch. He also owns 3 homes and all his kids attend private schools in Manhattan. He didn’t graduate from a top college or a top law school either – he just knew where the business was and worked hard to get good clients.

So don’t stress the pedigree – just work hard wherever you go and opportunities will open up to you if you seek them.

Carol asks…

Approximate settlement amount?

I was in a car accident in July 05′. I was driving to work on a highway when a transport truck’s tire came off of the truck ad went through the front windshield of my car. I got a torn left ACL & mencisus, 2 bulged discs, 1 broken nose, bit through my bottom lip, tore my right shoulder out of joint, and have nerve damage to my right arm. I have done physio, gym with personal trainer, and botox shots. I am set to settle the suit in about one month. Anyone know what type of money I should expect. I live with pain everyday and because I am only 25 they do not want to do anymore surgery. I had one done to my leg, which did not help. Does anyone have any idea what I should expect?

Sport answers:

Given the extent of your injuries, I assume that you have an attorney.

You should ask him/her what to expect. You have a decent claim, but nobody can give you a $$ amount without knowing more about your injuries and potential permanency ratings. Case value can vary widely from state to state. This claim would be worth a lot less in VT compared to a NYC venue.

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Susan asks…

Can someone give me a number of a good Workers Compensation lawyer in NYC?

Sport answers:

The Law Firm of Alan W. Clark and Assoc. LLC (Levittown, NY)
Worker’s Comp. Law Firm. Slips, Falls, Accidents And More. Huge Settlements. Levittown, NY.www.awclaw.com/aop-workers-compensation.php
Uniformed EMS Officers Union
… Your products and services to NYC’s Best – the members of the … Balances for a Workers’ Comp injury, advise you’re Comp Lawyer/Rep and they will …www.uemso.com/resources/LODI.html – Cached
Bergen County Workers Compensation Lawyer | Passaic Work Injury …
02/12: Autopsy planned for body dragged on NYC roads. Read More ” NEW JERSEY. 375 Cedar Lane … Workers’ Comp. New Jersey Workers’ Compensation Lawyers …www.dsslaw.com/CM/LP/Workers-Comp-LP.asp – Cached
New York Workers Compensation Law Lawyer Attorney Employee Injured Work …
Free Lawyer Consultation: With offices located throughout New York, Ellis Law represents injury … Ellis Law can help you in filing your Workers’ Comp claim. …www.ellislaw.com/PracticeAreas/Workers-Compensation.asp – Cached
Connecticut Workers’ Compensation Attorney| CT Workman’s Comp Lawyer …
The Bridgeport/Stratford, CT, workers’ compensation attorneys ~

Ken asks…

Can Somebody Tell Me Information About Moving Country–UK-USA?

I am planning to move to America to live with my Dad and Step-Mum after i finish College (2010) and can somebody tell me like the differences between UK and USA, like…healthcare, education and all the stuff needed to survive…and what i need to do to become an American Citizen?

Sport answers:

Having lived both in the UK and US here a few points and a very brief basic survival guide.

1) If you are over 18 then you will need to confirm you can stay beyond 3 months visitor Visa and your parents can sponsor you. I believe if you are in University in the UK you are not a dependent and cannot enter as a dependent of your parent. You may have to try to for a work permit or return to the UK before your visitor’s visa expries..

2) The US DOES NOT have Universal Healthcare. The NHS for all its faults is cheap compared to what it will cost you in the US. Insurance when I lived there cost me $200 a month (that was well over 10 years ago) and you can count on it costing much more if you have a health condition like diabetes. Plus many Brits live under the misguided belief that all you have to pay is your premium and your deductable of $2,000. Unfortunately nothing can be further from the truth. Health insurance once you meet you deductable will most likely pay 80% of you health care cost. So if you are in a car accident that costs you $100,000 you would see a bill somewhere between $20,000 – $50,000. This is due to the deductable plus any “costs” that are not covered by your insurance. Even a simple A & E or as Americans say ER vist for a broken arm can run you $2,500.

3) Americans have a different version of English. This means spelling words like colour is different. Instead colour is spelt color. Also grammar is different and so is pronounciation. There is no American state of New York or Los An gel lees. It is New York and the pronounced the spanish way Los Angels. Finally remember American slang is different than UK. So to go into a bar saying I am going out to smoke a fag may get the cops called. Why? “smoke” is slang for shoot and “fag” is a derogatory word for homosexual. So to say I am going out to smoke a fag means you are going outside to shoot / kill someone who is gay.

4) School districts and universities require immunizations especially MMR. You will need proof of immunizations and may need to get some if you are planning to go to school. If you do not you will not be allowed to attend. In regard to University you will have to sit entrance exams. Many graduate schools require the GRE. Law School requires the LSAT. MBA and Graduate Management may require the GMAT and MAT. Medical School requires the MCAT. Unlike the UK America is big on testing and this includes professional roles. So if you are a nurse you will have to sit a two day exam and lawyers sit the Bar Exam. I cannot comment on your degree and if you want to use it you may have to take more classes if it is for professional role (e.g. Nurse, psychologist, lawyer, doctor, etc) the appropriate professional body can guide you. Finally in regard to education American higher education is quite expensive unlike the UK. A good university graduate programe will run you between $25,000 – $60,000 / year. Since you are not a permanent resident you are not entitled to financial assistance from the government.

5) America is not into the pub / drink culture like the UK. There are areas that are “dry” where you cannot buy alcohol. Other areas are heavily regulated. This is not to say that Americans do not like to drink. Instead there is a cultural difference in regard to the amount and the importance drinking is for socializing.

6) American work culture is longer hours with less vaction time off and less people. My experience I would say there is 1.5 – 2 people in the UK for every 1 person doing a job in the UK. This means UK companies are more heavily staffed than the US. For example if you worked on an IT Service Desk in the UK with a team of 10 people. In the US you would expect that same team to have 5 – 7 people with an expectation that you have a larger work load compared to the UK.

7) Americans approach job stress differently and team work differently. I cannot speak for every place in America but the places I have been Americans tend to divide their work and personal life. Meaning Americans will have friends outside of their work and make limited friends from work. This is done to keep their work life seperate from their personal life. Otherwise their work life would consume their personal life. Also Americans, from what I have experienced, value independence over being a part of a group. Granted working together is important but in America so is being able to seperate yourself enough to give your own independent thought and work unsupervised.

8) Americans value family and married life differently. In #7 I mentioned about Americans having many of their friends outside of work. Another reason is that couples tend to have friends who are also couples. Couples do more things together and have “couple’s time” together. They also have family time and do things together as a family. Hence Americans will seek out people who share common interests as them and not necessarily those who work with them.

8) Provided you are remain in the US under your parents then citizenship will take you at least five years before you can apply. Then it may be another 1 – 2 years before you recieve a response regarding your application. The key is avoiding any trouble whatsoever as it will ruin any chance you might have in getting citizenship. Also remember just because the US is a common law country it does not mean the laws are identical. American and British law does have its differences and it is important to always keep that in the forefront of anything you do.

9) Americans are more religious, I believe, then people in the UK. Religious jokes especially Jewish jokes and racial jokes generally speaking are not well tolerated.

10) American lifestyle is a much more fast paced and more stressful. Probably is one of the reasons why the life expectancy of an American is much less than that of someone in Great Britain. Between the US and UK I much prefer the UK way of life.

Charles asks…

30 years ago in new york got in accident and wasnt my fault new york is still blocking me getting a driver lic?

new york state is blocking my ability to obtain a valid drivers license due to an accident from thirty years ago is this this even legal even though the accident was not my fault at all

Sport answers:

Have you tried hiring a lawyer?

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Richard asks…

How much of a settlement can I expect?

From the defendents homeowners policy. They let their dog out and it chased me into a curb on my bicycle and I broke my collar bone and shoulder blade. I have a good attorney. He tells me to expect an amount soon. How much should I expect?

Sport answers:

You are not going to drive the defendant’s insurance company bankrupt. Forget about any huge amount. You should be compensated for all your medical costs, lost wages, and a fair amount if you have sustained any verifiable permanent injuries. Beyond that you may get something for “pain and suffering” but the amount may depend on your location more than anything else. If you live in LA, Miami or NYC, you should be expected to get a lot more than you would if you live in Millinocket, Maine, Fargo, ND or anywhere in Mississippi. Your lawyer would get a third plus his or her expenses. You get what’s left after you pay your other bills. Just don’t expect to retire soon.

Linda asks…

How much can you get in a nyc bus accadent?

Sport answers:

It depends on the type of accident (not accadent), the extent of your injuries (or damage to property), the amount the lawyers will get first, whether or not the MTA will appeal the judgment and other factors.

You might get a lot, you might a little or you might get nothing. In any event such lawsuits can take years before they get to court and get resolved.

Of course you have to be able to prove with the preponderance of evidence that you were injured due to the bus accident. In other words you have to be able to prove that the accident caused your injuries and be able to do it with a lot of evidence that can’t be easily disputed by the MTA.

Good luck.

Ruth asks…

Similar movies to Nick Of Time?

A movie that’s similar to Nick of time

- very suspenseful, twists, crime etc

Anything that keeps you on the edge of your seat and i don’t mind movies where it starts off really slow and builds up…just needs to be entertaining.

Sport answers:

The most clever twisty movie ever made, or will be made, is Perfect Murder w/ Viggo, Gwen & Michael Douglas in a love triangle where each is conning the other.

And it doesnt start slow.

My tagline would be, A golden triangle…with some very dark corners.

————–

Out of Time w/ Denzel & Eva Mendez. He’s a good cop that gets conned by a babe into a financial scam and the feds get on his case.

———————

A Perfect Getaway w/ Steve Zahn. He’s honeymooning in Hawaii and an alert goes out abt a mad-dog killer hiding in remote areas of the state where he and his wife happen to be hiking.

Are they being stalked by a hitchhiker couple they had a prob w/, or is that too simple an explanation?

Are that Iraq war vet and his babe good ppL to stay near for safety? He’s a big guy, seems tough and fearless, had a bad brain injury in Iraq…always carrries his lucky combat knife in an ankle sheath.

———————-

Transiberian w/ Woody Harrelson…are heroin smugglers trying to setup him and his new wife as mules?

——————

Michael Clayton w/ Geo Clooney as a fixer lawyer for big, shady NYC firm. Can he control his bipolar, genius co worker bfore corporate hitmen silence him?

———————-

Unfaithful w/ R. Gere. Who’s the killer, the jilted suburban hubby or the rough-riding, East Village lover; or are they just the Usual Suspects?

—————–

Donnie Brasco w/ Johnny Depp & Al Pacino. How can under cover FBI agent Johnny penetrate that hi into a big NYC mob family? Seems too easy. Or is Donnie being used? Low profile, master hit man Pacino should kno.

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Paul asks…

My right wrist is broken and my left pinky finger is broken from a car accident. How much should I sue for?

In New York State. I am right handed and I’m employed as a graphic designer, requiring lots of computer work that I cannot do with these injuries. The kid at fault has the minimum liability insurance of $25,000 and there are no other outlets to sue. Should I expect the full 25K, or will the insurance company (Geico) jerk me around?

Sport answers:

Have a lawyer write a letter to the kids insurance company.
Check to see if your insurance has an Uninsured/under insured rider to cover your losses.

You may be covered under your own auto insurance.

Lizzie asks…

How do i make i my insurance company to pay my car accident bills?

somebody hit my car and did some damage to my car,i had some repair and some rental car bills my insurance company wanted me to go to certain body shop which i did not like so i went to my known body shop well the repair bills they paid only cover some of total bills which i do not mind but i had two rental bills they only paid one one $141 other $ 777even though my coverage is for 30 days they did not pay $ 777 bill . my insurance sued the other car insurance company and arbitrator judge in my favor the other insurance repaid to my insurance but i am still out $ 777 now none of insurance co. answer my phones for the rental bill for $ 777 in state of new york what is my option to cover rental , small claims say i can not sue insurance co can complain to NY insurance commissioner or what can i do. Thanks

Sport answers:

Well, you have a LIMIT OF COVERAGE on the rental. Usually it’s $15 a day, or $25 a day. What’s the limit? The policy doesn’t pay for more than you bought. AND it only pays for actual repair days – not the waiting time until your body shop can “get around” to doing your car.

What does your AGENT say? They’re the first line of help for you. YOUR AGENT. They should be the first person you call for help and explanations.

Regarding small claims court. Of COURSE you can file and sue. But likely you won’t win, if the policy is only paying out the limits. So you’re wasting your time & money, and risking a countersuit for the legal fees of them sending their lawyer to defend. THAT’S probably what they mean.

On the body shop issue . . . If they have shops that do the work for $35 an hour labor, and you choose to take your car to a shop that charges $70 per hour for labor, YOU have to pay the difference. Again, YOUR AGENT can explain this to you.

It’s HIGHLY possible that you either 1. Got a more expensive car than you had coverage for 2. Kept the car longer than the actual repair days 3. Added “extras” to the rental bill, such as their collision damage waiver, etc, none of which you mentioned, none of which EITHER insurance company is responsible for.

OF COURSE you can complain to the NY insurance commissioner. Then they’ll ask your insurance company for an explanation of HOW they arrived at the amoutn they paid you (and your adjuster should have already explained this to you), and if it’s legal and right, well, that will settle the complaint.

Go talk to your agent.

Regarding

Daniel asks…

How do I obtain a police report?

My boyfriend got arrested and a lawyer I want to represent the case requested I obtain the police report. We had a lawyer but my boyfriend fired her. I requested the police report from her and she refuses to give it to me. So I need to find another way to get the report.

Sport answers:

Call the police station where he was arrested,They can tell you. I know if its an accident in New York , Within 24 Hrs you can get it from the police Station, and after that you have to pay for it by contacting Albany.Call the Station. Also Call legal aid and ask them if it is legal for a lawyer to withhold documents from a former client. (I don’t think so )

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Steven asks…

Pro bono lawyers in NYC??

Does anybody know how i can go about finding a lawyer who will represent me pro bono??

I am in the new york city area

any help/suggestions would be appreciated
I do not qualify for legal aid, as i am not below the poverty level

Sport answers:

Unless you have a personal injury case, you are not likely to find a probono lawyer. If you don’t have the cash best thing to do is grab a handful of lawyers and start calling around. Find out if they will take your case on a payment option. Many family lawyers will do this. Perhaps a small down payment and break out the other payments over a year etc. There are lawyers who will certainly do this.

William asks…

Working as a lawyer in NYC?

I live in the Deep South right now, and I’ll be going to law school here (Arkansas). If I’m admitted to the NY Bar, would it be difficult to find work in the city? I don’t know how difficult it would be to get a decent job in NYC with a degree from the stereotypical redneck state.
Thank you, oneofcold. I do love the city. I’ve been twice and adored being there each time. However, perhaps hoping to get a lucrative job with a shiny new J.D. is a bit of a pipe dream.

Thank you for all of the information.

Sport answers:

The New York legal market is pretty bad right now, especially in corporate. Maybe when you graduate it will be better, but New York law firms are pretty dependent on Wall Street-related work, and if Wall Street becomes a lot smaller in the next few years, then many New York law firms will take a real hit too.

The high-paying jobs at large firms are very competitive, and most of those firms are snobbish about mostly wanting people from the top 15 schools. I’m not saying that’s justified – it’s just a reality that you need to understand. From Arkansas, you will need to be in the top 10% of your class or make Law Review in order to even be considered for most of those jobs, and some firms won’t look at you even with that.

There are a huge number of small and medium-size law firms here also, but keep in mind that (1) there are huge numbers of lawyers chasing those jobs also, and (2) many of those jobs don’t pay too well to start. As for (1), New York has around ten law schools, plus there are out of state schools like Michigan and Penn that send a large fraction of their graduates here rather than keeping them in their home states, so even small, non-prestigious firms can be flooded with resumes and it’s hard to stand out from a non-elite school unless you’re a superstar. There are a lot of people even with decent grades and schools (not top 15 but pretty good) who are stuck in dead-end temporary jobs or working in the worst types of law firms (insurance defense, personal injury, etc.), and a lot of them would have had much better careers in other cities that are less competitive. As for (2), some of the small firms pay as little as 40K to first years, and try living in New York City on that. Even on 75K, after rent and student loans you may just be breaking even. But if you spend 2-3 years at a small firm, work hard and learn a lot, you are in a good position to move to a large or mid-sized firm and make at least $100K. The more work experience you have, the less it will matter where you went to school.

The key question is how important is it to you to be in New York specifically? If you could be happy in somewhere like Dallas or Houston or Atlanta, it would probably be easier for you to find a good job there, and easier still in somewhere like Little Rock. You might want to see how your first year goes – if you have excellent grades then give New York a shot, otherwise, consider other options. But if you’re dead set on New York, you can definitely make a good career happen even if you aren’t at the top of your law school, but you may need to put in some time at a small firm first.

Mark asks…

I want to share this injustice & hear your true opinions & reactions.?

In Sept.’05 I crossed a street in NYC at the corner , with the WALK sign, soberly & lawfully. a 19-yr old girl & her BF, both with revoked licenses,
ran me over as if I was not there. They hit me with super velocity. (50 mph in a 25 mph limit, I believe)
I crossed when light said WALK, & I saw no cars coming either direction. I blacked out and awoke in ICU of hospital, Broken legs,Broken pubic bones, spinal bones, & in the ICU, I had my first ever, MASSIVE heart attack, destroying 2/3 of my heart muscle. NYC district atty. said she can only charge girl with $50 misdemeanor ticket for driving without valid license. DA said since no witnesses, she had no case to make in court that driver was reckless, or at fault in any way. I suffered catastrophic injuries, & now have severe heart failure & edema all over & cannot walk freely anymore. DA claims since no proof driver did it intentionally, was drunk, or jumped red light, that she will NOT charge her w/felony. Give your reactions.
TeamChief- thanks for honest reply. Just wondered if all states are so lenient. Sadly for me, all I can get is $150K from GEICO to pay med.bills,
not one cent more. Attys did asset check on girl & her mother ( car was mother’s) -no significant bank accts, no real estate, no business owned, so the lawyers refuse to sue as waste of their time. They advise to take $150K from Geico – but I’d have to forever waive my right to sue girl & mom. TELL ME – driving with no license – shouldn’t it be a felony if someone is hurt thereby? Then anyone can run over anyone and harm them and have only a misdemeanor, like littering. What do you feel? Just laws or unjust???

Sport answers:

I fully understand why the DA can’t do anything more than charge the driver with a simple traffic violation. The law is the law, and unless the DA can prove “malice aforethought” or “malicious intent” or even “reckless driving,” she’s 100% right in not pressing the issue. And just from what you’ve said here, the DA is correct – there is no case.

You, on the other hand, have the option of filing a civil suit against the driver for your injuries, your medical bills, time lost from work, and personal pain/suffering.

I HIGHLY suggest you go get yourself a lawyer and sue.

Good luck.

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Ruth asks…

Does anyone know what is the law in nyc when it comes to liability on an accident with a stolen car?

can the insurance company of the stolen car be held liable? the so called theif left the scene. KEYS! left in car. thanks.

Sport answers:

It is possible that the car’s insurance might be liable. It’s also possible the driver could be held liable for some kind of negligence for leaving the keys in the car. However, you should ask an NYC lawyer to know for sure. You can do so for free at: http://www.avvo.com/legal-answers/

Richard asks…

can i drive even tho i have a schizoeffective disorder or bipolar depression?

I have a depression for over 10 years and I have to renew my drivers license and there’s is a question there what kind of of medications do you take? Do I have to be honest and say it? I take Seroquel, abilify, lithium, lorazepam, and metoprolol daily for my illness and I have a disability claim that up to now has not been approved yet and I just hired a lawyer. Is it safe for a patient like me to drive.

Sport answers:

Well, people switch meds all the time so I don’t even know how they’d prove what you were on at any given time. It’s always best to tell the truth but I honestly don’t think it really matters if you leave a few out or whatever. I’ve never heard of the DMV checking up on stuff like that. I don’t know if it’s safe for YOU to drive. I’ve been on three of those meds and had no problem but if I took Seroquel and tried to drive, I’d be passed out and crash within 15 minutes. Some people can’t handle benzos and they shouldn’t drive on them. They didn’t bother me at all BUT, since some are classified as anti seizure meds, they may need to know if you’re taking it for a seizure disorder. Depending on the severity, I believe you may have a restricted or revoked license for something like that.

I can only guess that the biggest issue is if you got into an accident and blamed your medication or it somehow came out you were on meds. In that case, it’s possible they might see that you never reported that you were taking them. I still don’t think it’s an issue and no one would find out unless you were obviously impaired and had some sort of blood test.

I got my license at 16. Even though I’ve been severely affected by depression, psychosis and anxiety/panic attacks since I was a teenager, I was not officially diagnosed and put on meds until I was 28. I have psychotic major depression. I was always on at least 3 meds. At one point, I was on 6; Abilify, Seroquel (only for sleep), klonopin, Effexor, Wellbutrin and Lithium. I’ve never had any problems driving on any meds I’ve taken. I’ve never attempted to drive after taking Seroquel though.

Two years ago, my out of state license finally expired and I needed to renew it. I decided to finally do it legally and get one in the state I had been living in for 11 years. So, not only was it a renewal, it was in another state. I don’t remember exactly which meds I was on at the time or what I filled out on the form. Whatever it was, it didn’t seem to make a difference. The only restriction on my license is that I still need to wear glasses. That trip to the DMV was all about changing my address and getting a new photo taken.

I recently got approved for disability but since don’t even have a car anymore (I live in NYC) I’m unsure if that’s something that would even come up. I don’t know if I’m legally obligated to inform the DMV since it’s not a physical disability nor do I have seizure disorder. They seem to be mostly concerned with neurological dysfunction rather than any mood disorder. I know that sometimes people who have strokes or sleep apnea have to pass certain exams.

Laura asks…

Legal advice involving a a car dealership ?

Anyone know of a lawyer(s) or reputable company that deals with legal troubles involving cars? specifically ? *I am located in NYC*

i wasn’t involved in an accident or anything like that..

Sport answers:

It depends upon the type of trouble.

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Questions And Answers From Best Personal Injury Attorney Nyc

Daniel asks…

Why is that people complain about Black History Month but dont complain about the other months?

So Black Americans cant have their own month? Why the double standards and hypocrisy? Heres a list of all other months. I would think that this list would keep everybody happy but I guess everyone is happy when Black History is not recognized. smh

January
National Mentoring Month
Thryroid Disease Awareness Month
National Birth Defects Prevention Month (New York)
National Glaucoma Awareness Month (Illinois)
National Stalking Awareness Month [1]
Geek Appreciation Month [2]

[edit] February
Black History Month (USA)
National Eating Disorders Screening Program
National Wise Mental Health Consumer Month
National American Heart Month
National Women’s Heart Health Day
National Have-A-Heart Day: Feb. 14
American Heart Association (Texas)
Low Vision Awareness Month: Prevent Blindness America (Illinois)
National Cardiac Rehabilitation Week (Wisconsin)
National Burn Awareness Week (Ohio)

[edit] March
National Kidney Month
National Nutrition Month[1]
Women’s History Month
Irish-American Heritage Month
Greek-American Heritage Month
National Brain Injury Awareness Month [2]
Endometriosis Awareness Month
Juvenile Arthritis Awareness Month
Self Harm Awareness Month

[edit] April
Autism Awareness Month
Jazz Appreciation Month
National Poetry Month
Mathematics Awareness Month[3]
Sexual Assault Awareness Month
National Volunteer Month
Arab-American Heritage Month
Tartan (Scottish-American) Heritage Month
Donate Life Month- Organ and Tissue Donation

[edit] May
Rowena’s Eat Dessert First Month (http://www.rowenas.com/news)
Brain Tumor Awareness Month (http://www.MilesForHope.org)
Cystic fibrosis Awareness Month [4]
South Asian Heritage Month
Haitian Heritage Month
Asian Pacific American Heritage Month
Borderline Personality Disorder Month[citation needed]
Asthma Awareness Month[5]
National Pet Month
Mental Wellness Month
Science Month
Celiac Awareness Month
National Guide Dog Month (2008, 2009)
Jewish American Heritage Month
National Law Enforcement Appreciation Month
National Masturbation Month[6]
Social Media Month[7]
Lupus Awareness Month (US)[8]

[edit] June
Caribbean American Heritage Month[citation needed]
Gay/Lesbian Pride Month
National Father’s Day Month

[edit] July
National Vehicle Theft Protection Month[citation needed]
National Tickling Month
French-American Heritage Month
National wikipedia day

[edit] August

Spinal Muscular Atrophy awareness month

[edit] September
Arthritis Awareness Month (Canada)[3]
Childhood Cancer Awareness month
National Guide Dog Month (2010 to present)
National Hispanic Heritage Month (September 15 to October 15)
National Bourbon Heritage Month
National Yoga Month
National Preparedness Month[9]
German-American Heritage Month (September 15-October 15)
Polycystic Ovarian Syndrome Awareness Month

[edit] October
Rett Syndrome Awareness Month
National Pork Month (United States) [10]
Black History Month (UK)
National Book Month[11]
National Breast Cancer Awareness Month
National CyberSecurity Awareness Month[12]
Filipino American History Month
LGBT History Month
Nonprofit Career Month
National Bullying Prevention Month
National Fire Prevention Month
National Domestic Violence Awareness Month
Italian-American Heritage Month
Vegetarian Awareness Month
National Pregnancy and Infant Loss Awareness Month
Selective Mutism Awareness Month
National Pizza Month
Lupus Awareness Month (Canada)[13]
National Dental Hygiene Month[14]

[edit] November
Alzheimer Awareness Month
Movember
National American Indian & Alaska Native Heritage Month[15]
COPD Awareness Month
Arts + Health Month
National Adoption Awareness Month
Nonprofit Awareness Month
Epilepsy Awareness Month
Pancreatic Cancer Awareness Month]
Prematurity Awareness Month

[edit] December

National Bleeding Money Month

Sport answers:

I think it is retarded to have a black history month. Most of those other things you listed are to raise awareness for things like disorders and illnesses.

The jews were treated worse then the blacks more recently and they don’t have a holocaust month. Atheists and every religion other than catholics were tortured in the Spanish Inquisition. Do they have a month? White people get the most disadvantages nowadays and we don’t have a month.

If you don’t believe me go look at the requirements for standardized testing, if you are white you have to score higher on your exam in order to pass. High schools are allowed to have a Minority Student Union, Ebony Club, Black Honor Society. White clubs are not allowed due to racism. White people have a harder time getting on government assistance. I have tourettes and Autism and I am unable to get on government assistance. My disability lawyer even said (in joking) “too bad you are not black, then it would be easier to get you ssi”. There is a channel called BET and a magizine called Ebony. Do you see a white magazine or a white only tv channel? They even have their own award shows that only give awards to black actors, singers, etc. They are allowed to call themselves the “N” word without getting in trouble.

Now I expect to get thumbs down. But just ponder this. If my yahoo avater was black would you have thumbed me down for saying these things? Probably not.

Lizzie asks…

legal question, abusive parents?

i have a question legally to ask, i was a hardworking college student, and then i got hit by a car when i was a senior in college and was rushed to the hospital. while i was in the hospital , i found out i had cancer, so i spent 2 years undergoing agressive cancer treatment aswell as trying to heal from the injuries..i couldnt go back to my bunkbed in the dorms while this sick so i lived with my parents during that time. im in remission now but still have physical disability, trouble walking from everything.i am a young adult and my father has some mental problems that cause him to go after people. i spent all of my money on medical treatments and supporting myself when i was sick.
my father spent alot of money and got a lawyer to go to court against me. i didnt have money for a lawyer and i was too sick to get to court on the day of the hearing.. so i couldnt defend myself. my father lied to the judge and told him i was born mentally retarded, which is not true and i dont have mental problems or any mental disability. i was a hard working college student and i did not get any brain disease, it was not brain cancer.
so my mental ability is above normal, and i would be working and independant if i wasnt hit by the car and didnt get sick.
he told the judge im mentally retarded and never got injured or sick even tho i have tons of documented hospital records and papers from doctors and tests that prove it… he got adult guardianship of me because of this, so not he owns me legally.i dont feel safe like this, what if the cancer comes back or i need more medical treatment, i wouldnt want him to be legally connected to me in that case. im an adult over the age of 21.

since he lied in court, what can i do?, i tried calling the cops and they said they cant help because they are not conected to the legal courts. i would like to move away and my father is becoming threatening, telling me if i leave he will call the cops to have me brought back, my father forces me to do things for him like take care of him. i have to prepare food for him and do errands for him and things like this, since he does not know how to do things for himself and hes severely overweight and he refuses to diet so he dosnt like getting up off of a chair or walking up the steps because of lazyness.
what can i do, even if i tried to get a job, he said he will take the money

what can i do, what the judge did was illegal

the main thing here is that i need the legal action of adult guardianship taken away, since i dont qualify for that
that will solve all of my problems with this and if he dosnt legally own me i can finally get a job and save my money and leave him…
i dont have relatives that want to help me pay for a lawyer. i dont have money for one..
what do i do,,, how do i get a court order removed if i have no money for a lawyer and the court order was illegal in the first place. it is against the law to give control legally over an adult who is not vegetative or severely mentally retarded or mentally disabled.

i live in new york state in the usa, give me some resources

he lied to the judge and made up a big story about how i was born mentally retarded and dont know how to use a telephone, tie shoes or tell time, write my name..
he didnt tell the judge i am an independant college educated smart , independant young woman, he didnt tell that i was sick since a senior in college.
he told the courts i never went to college and a bunch of other lies that have no basis

Sport answers:

Find a Legal Aide office in your area and they will help you based on income or lack thereof.

But this all sounds to strange to me WHY did he want guardianship over you, is there money involved with the accident or your injuries?

Also you do not help your case unless you show some of that college training and learn t punctuate and capitalize your written correspondence.

Good luck in find the legal aide office.

Paul asks…

When asked about Barack Obama’s achievements and qualifications for President?

Why do his supporters rattle out this list and feel that it’s a big enough “Gotcha” to back everyone off?

Barack Obama:
*Harvard and Columbia Grad. (Good for him, a lot of people did the same)

*Occidental College student. (student again, good for him).

*Former educator with University of Chicago Law School. (those who can’t do, teach)

*Illinois State Senator. (voting record? PRESENT)
*US Senator. (voting record? PRESENT)

*Business International Corporation employee. (again, not a leader)

*New York Public Interest Research Group. (again, not a leader)

*Gamaliel Foundation. (again, not a leader)

*Editor of the Harvard Law Review. (Ok)

*President of the Harvard Law Review. (Finally a leader)

*Attorney. (OK)

*Joyce Foundation. (not a leader)

*Chicago Lawyers’ Committee for Civil Rights Under Law.(Not a leader)

*The Center for Neighborhood Technology, (what is that?)
*Lugenia Burns Hope Center. (Ok)
*Co-chairman of the bipartisan Joint Committee on Administrative ( another co- position) Rules, Obama supported Republican Governor Ryan’s payday loan regulations and predatory mortgage lending regulations aimed at averting home foreclosures. (2001)
*Chairman of the Illinois Senate’s Health and Human Services Committee. (2003)
*Ranked by Congress.org as the eleventh most powerful Senator. (2008) ( only number 11 aye?)
21 hours ago

*CoSponsored the Secure America and Orderly Immigration Act.
*Coburn–Obama Transparency Act.
*Sponsored a Senate amendment to the State Children’s Health Insurance Program providing one year of job protection for family members caring for soldiers with combat-related injuries.
*Senate Committees for : Foreign Relations, Environment and Public Works and Veterans’ Affairs, Health, Education, Labor and Pensions and Homeland Security and Governmental Affairs.

So he’s been involved in organizations and a member of multiple committees. What way does he qualify to LEAD A COUNTRY? This isn’t about McCain, and it isn’t about me. If you can’t answe the question respectfully and truthfully without making it about someone else, don’t bother. Answer the actual question. If Obama hasn’t led anything and has only been a part of the crowd all this time and wouldn’t even go up against his own party in for any real issue (as admitted by him at the debate), how is he going to get an entire country (not to mention Congress) behind him? Do you care?

Sport answers:

Tabbi–Your president right now has a Bachelors from Yale and an MBA from Harvard. I am sure you complain about him. I would think that you need to have brains to go to those “elite” institutions, correct?

Barack has done nothing–I mean NOTHING–that qualifies him more than McCain. His economic plan is a nightmare, his foreign policy plan is a nightmare, and having a Marxist as president is really a nightmare.

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Questions and Answers About Attorneys and the Law

George asks…

To practicing lawyers, can you help me choose a field of law in which to practice?

I am trying to figure out which field in which to start. I’ll try anything but I’d prefer something that I MIGHT enjoy.

Please tell me what you can about the fields of:
Personal Injury
Bankruptcy
Immigration
Family law
I pick these fields because they interest me, they have openings in New York City, and I won’t need a 2nd grad degree or tons of prior experience.
I’d like to have a life and work no more than 50 hours a week (avg) but in a pinch I’d work more. Tell me pros/cons, what the work is like (nice/drudgery), etc.
I’m considering Legal Services for the loan repay, hours, benefits but I’ll take what I can get.

Some background on me: I’m almost forty, I graduated from law school four years ago, and I have been working as a “document review” attorney since then. Prior: I worked in janitorial, special ed, + other menial work. BA in literature and history. I’m a 1st gen. Irish-American, my family and friends aren’t connected.
I’m trying not to sound ungrateful but I’d appreciate answers that respond to the question I posed not questions that I didn’t pose. I never hinted I wanted to be a partner in a law firm.

Sport answers:

From personal experience – in worst to best order:
Family Law can be unnerving. You will be dealing with husbands and wives who want to fight for every last tea bag in a divorce and who use their own kids as tools to get even with the spouse. Clients are extremely needy, ungrateful, and fight with their attorney. According to Illinois licensing commission the family law attorney gets the most complaints filed against them. Tons of ot.

Personal Injury is number 2 on the complaints filed against them. The clients are more civilized than in family law (of course a pack of roving wild wolves also are). The biggest problmen in PI work is that you need to work volumes to get any considerable business, which of course means staff. It is a very crowded field, however, if you can get hooked up as a captive for an insurance co — which means you handle their work for a flat fee for each case — then you can make good money. Because so many firms go into this you may find yourself ‘chasing ambulances’ to get clients. Tons of ot.

Immigration is a fairly good field. Right now there is lots of work and laws keep changing so there is a lot of new items to keep the job fresh. Downside is the need for interpreters which could be an added expense for your practice. If you locate your office arround an immigration facility you will never be at a loss for clients. Reasonable hours and work.

Bankruptcy is still a good field to make money in. Even with all the changes in bankruptcy laws many people are still filing. As the housing bubble continues to bite people in the a## we will see more bankruptcies. Reasonalbe hours, work is more interesting now because of new laws.

There are other fields you may want to look at that also do not require a 2nd degree and have reasonable hours. I do employment law for employees and small businesses. There are few over 50 hour weeks. Also working as an attorney in a corporation — human resources work — is almost a guaranteed 40 hours. The other suggestion on this board was business law, again that would be for a corporation — 40 hour work week.

On a personal note I was over 40 when I graduated law school. Like you no connections. I did not graduate at the top of the class, somewhere in that comfortable middle. For me a corporate job with that 40 hour work week was not an option — had offers but hate corp life. I worked as an independant contractor in many law firms in Chicago doing differnt things for several years until I found what I really liked to do — my own firm doing employment law. You may need to get an actual taste of these different law areas before you can find your passion. While we can tell you how these areas of law effected us, only you can judge how they hit you. Good luck.

Susan asks…

How do I find a lawyer that would assist with a malpractice case pro bono?

I read this on a lawyer’s site. When a questioner asked about filing a malpractice case on their own, he suggested trying to find one that would do it pro bono. Thank you.

Sport answers:

You can check your state’s Bar website (and no, not a drinking bar). For example, if you live in New York, you can search on the internet for the New York State Bar. On the state bar website there may be a link for pro bono legal counsel. It will vary from state to state as to what information is on the bar website.

Additionally, many law firms (at least in my area) who practice personal injury/malpractice law will not take a fee, and some won’t charge costs either, unless and until you recover. Therefore, you would pay nothing at all until you win the case. This too, however, will vary from attorney to attorney. You can look for attorneys in your area online.

You can search for attorneys by geographical area, as well as what area of law they practice in at http://www.martindale.com/. Go to “advanced search” and you can search by city, state, and practice area, as well as some other search terms.

Lisa asks…

Can anyone help me in New Jersey?

Hello Everyone. I just moved to New Jersey and I got injured on my job. Does anyone know a good Lawyer in New Jersey that I can contact? Also, what news channel is the best channel in New Jersey? And, What type of hospital is Capital health system? Can anyone answer this questions seriously!!!

Sport answers:

Well, New Jersey is a big state, almost 9000 square miles, so, in order to recommend a personal injury attorney, we’d have to know which town, or at least which county, you’re in.

With regard to the best news channel, well, that also depends on where you are. If you’re near New York City, you’ll get NY TV stations, but, if you’re closer to Philadelphia, you’d get their stations instead.

And, finally here’s what it says about Capital Health on their website (see link, below):

“Capital Health is the region’s leader in advanced medicine, with significant investments in advanced technologies and the best physicians. Comprised of its Mercer and Fuld hospitals in Trenton, N.J. And the Capital Health in Hamilton outpatient facility, Capital Health has twice received Magnet recognition for nursing excellence. Capital Health is a growing healthcare organization with construction underway for a new, state-of-the-art hospital in Hopewell Township, N.J. And significant expansion of services at its Fuld hospital in Trenton, both scheduled to be completed by 2011.”

Charles asks…

Personal jurisdiction question?

Jason, a Washington resident, was driving on I-5 from Seattle, WA to Anaheim,CA to go to Disneyland. While still several miles from the California border, Will began dozing at the wheel,but did not want to pull over until his next meal stop.Adam, a California resident, was driving north on the same highway in the opposite direction as Jason. Adam looked down for a moment to change the station on his car radio right when Jason dozed at the wheel, swerving across the freeway divider in front of Adam. The two cars collided head-on, causing serious injuries to both drivers. The accident took place
in Oregon, but both drivers, while unconscious, were air-lifted to the nearest trauma center located in northern California. They each spent a month recovering, during which time neitherof them ever left the trauma center.As soon as he was well enough to travel, Jason paid for his medical bills and immediately flew back to Seattle. After Adam recovered from his injuries, he filed a negligence lawsuit against Will in a federal court in California,seeking $120,000 in damages. (There is no applicable federal law pertaining to accidents on interstate highways, nor does any part of the U.S. Constitution or treaty with a foreign country pertain to auto accidents.). was served process in Washington pursuant to California’s long arm statute,which is identical to New Mexico’s. At the trial, Jason made a special appearance to challenge the court’s personal jurisdiction over him.

Does the court have personal jurisdiction over Adam’s lawsuit against Jason?

Can you explain that?

Sport answers:

The first 4 sections are important

if a court does not have personal jurisdiction over a defendant or property, then the court cannot bind the defendant to an obligation or adjudicate any rights over the property. Personal jurisdiction is to be distinguished from subject-matter jurisdiction, which is the power of a court to render a judgment concerning a certain subject matter, or territorial jurisdiction, which is the power of a court to render a judgment concerning events that occurred within a territory. Unlike subject-matter jurisdiction, personal jurisdiction may be waived, even unintentionally, by a defendant. Personal jurisdiction, territorial jurisdiction, subject-matter jurisdiction, and proper notice to the defendant are the most fundamental constitutional prerequisites for a valid judgment.

Each state handles traffic matters in its own way. In most of New York State, for example, traffic matters are heard in the court for the city, town, or village where the alleged violation happened. The town and village courts are known as Justice Courts. Each municipality has its own way of doing things. New York City traffic matters (and a few other locations) are heard in a special court called Traffic Violations Bureau, with a very different process. New Jersey handles traffic matters in the Municipal Court System, with the most serious cases heard in Superior Court. In Washington, D.C. Traffic tickets are handled by the Department of Motor Vehicles. In California tickets are handled in Superior Court. Massachusetts tickets are heard in District Courts. In the City of Chicago, traffic tickets issued by Chicago Police Officers with no possibility of jail time are handled by the City’s Law Department, frequently by law students. All other traffic violations (including those issued by state police) are dealt with by the Cook County State’s Attorney.

Constitutional limits
The Supreme Court of the United States has held that constitutional requirements of due process limit the exercise of personal jurisdiction over nonresidents. The same outer constitutional boundaries for personal jurisdiction apply in both state courts and federal courts. Moreover, because of Rule 4 of the Federal Rules of Civil Procedure (FRCP 4), a federal court ordinarily applies the personal jurisdiction statutes (e.g., long-arm statutes) of the state in which it sits, even when the state has not extended personal jurisdiction to its constitutional limits. (Some states, such as California, have long-arm statutes that give their courts personal jurisdiction to the extent constitutionally permitted.) In some exceptional circumstances, FRCP 4 grants a federal court personal jurisdiction when the law of the state in which it sits would not.

In general, to be subject to personal jurisdiction, a defendant that was not personally served with process within the state must have a sufficient level of personal or business contacts with the state in which the court sits that the defendant could reasonably expect to be sued there. These contacts are generally referred to by the term of art minimum contacts. Generally speaking, a party is subject to personal jurisdiction in a state if the party has purposely availed itself of the resources of protection of the state, and if the exercise of jurisdiction does not offend traditional notions of fair play and substantial justice. See International Shoe v. Washington. Leading cases finding minimum contacts sufficient for personal jurisdiction are International Shoe and Burger King v. Rudzewicz. Leading cases finding insufficient contacts for personal jurisdiction are World-Wide Volkswagen Corp. V. Woodson and Kulko v. Superior Court.

Personal jurisdiction problems are acute in cases involving business transactions conducted across state lines, where the defendant may not have set foot in the other state, but still conducted affairs with the other state’s residents through correspondence, the shipment of goods, or indirect agents. Even more difficult, and more unsettled, personal jurisdiction issues arise in stream of commerce cases. In the quintessential stream of commerce case, a defendant in one state sells a widget to a manufacturer in the same state, which incorporates the widget into a retail product and sells it to a consumer in another state, who then sues claiming injury from the widget. The leading Supreme Court stream of commerce case, Asahi Metal Industry Co. V. Superior Court, resulted in a split, failing to clarify the issue.

Internet cases raise several troublesome personal jurisdiction problems. For example, a website may be viewed anywhere in the United States, though it is hosted in California and operated by a California citizen. Courts must decide in which locations, under what circumstances, the exercise of personal jurisdiction over the citizen for claims arising from the website comports with traditional notions of fair play and substantial justice. For mo

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Some Questions and Answers About Law and Attorneys

Laura asks…

I need a Spanish speaking personal injury attorney/ Abogados de Lesiones Personales Nueva York?

My friend just moved here from Mexico so she does not speak English very well yet. I want to help her find a Spanish speaking personal injury attorney in New York City so she can communicate as best she can. Can someone recommend one or two? Who is the best?

Sport answers:

I have worked with John S Carro at Carro Carro Mitchell, who is a personal injury lawyer in NYC and he was great. He was very aggressive with my settlement and won me a lot of money. I know that he, as well as one or two of his secretaries speak spanish. If you want to learn more about them they keep a blog that gives details of some cases they’ve covered. Highly recommended.

Nancy asks…

What takes place at a pretrial conference in a civil suit?

The insurance company has not yet made any offers to settle other than say that they want to go to mediation then stall. Will they make an offer at the pre-trial conference? It’s a personal injury case by the way. I was hit over the head with a moet bottle by a bouncer at a club in NYC. I suffered a fractured skull and broken nose. I had surgery on my nose and now have a permanent seizure disorder.

Sport answers:

Pretrial conferences are considered settlement negotiations, so anything said under the context of “settlement” cannot later be revealed were this case to go to court.

Strategically, the attorneys are just trying to size you up. They wanna see what this “douchebag’s” (that’s what they’re calling you) all about and determine firsthand the legitimacy of your claims.

Here’s what they’re looking for: They’ve assessed your claims, and they want to determine what your are your strong and weak suits; where can lowball you, and where should they stay away.

Here’s the thing: They need to make this thing go away. Insurers are notoriously cheap, so the insurance company having to bill at about $250 an hour is killing them – but that does NOT mean they’re about to give you the world.

Stand your ground. Listen CAREFULLY to EVERYTHING your attorney tells you. DO NOT SCREW AROUND.

Donna asks…

Best automobile negligence lawyer in NY?

Can anyone recomend a phenomenal automobile attorney from NYC?

Sport answers:

Barry Slotnick has always been highly regarded. But there are many extremely good personal injury attorneys.

Maria asks…

I’m thinking about going to law school?

I’ve heard however that a law degree isn’t what it used to be and that finding a job after graduating is very very difficult. Does anyone have any info., personal experiences or otherwise, about this. Does what u concentrate on (in terms of area of law to specialize in) or what your undergrad major was affect this in any way?

Sport answers:

It very much depends first, on the rank of your law school and second, on your grades.

At the top 14 law schools, everyone gets a job offer, regardless of rank. Those at the bottom of the class may go to less prestigious or competitive law firms than their law review counterparts, but they will still be among the top 50 law firms and will still be paid standard Big Law salaries.

As you go down the ranking, your grades become much more important. Those in the top of Fordham Law will secure jobs in the same top firms as their Ivy League counterparts. Break top 5% and you’re at the top 5 firms with those on Ivy Law Reviews.

Those in the bottom of the class at Fordham will have more trouble. They might have to temp, or become ‘staff attorneys’ – those at big law firms who do more boring work for less pay. They might have to go to smaller firms, who do personal injury instead of mergers and venture capital.

Go lower down the ranks and the distinction becomes sharper. Those at the very, very top will still be able to get good jobs, but even being in the top 10% might not be enough. In the bottom half of these law schools, you will start to see students who have difficulty getting jobs at all.

Your undergraduate degree only changes this at top law schools if you are a science major. While I had four job offers by October of my second year, my physics-major classmates had twelve. Those at Fordham with engineering undergrads are more likely to find BigLaw jobs. Aside from having a science degree, your undergrad major does not matter. I don’t even think they asked what mine was.

You typically do not pick an area to specialize in until you begin your 2L summer internship. Most firms hire 100% of their interns, so it is essentially starting your job early. Some students with particular backgrounds in art, intellectual property or health may take a class or two in that and write their papers on the matter – but many do not specialize at all.

Keep in mind what student loans may mean in looking at job prospects. Big Law in NYC now pays a starting salary of $160,000 with a 30-35k bonus for everyone. Outside of NYC, it may be the same or may be $135-145,000. Leave big law, and you see lower starting salaries, sometimes as low as $80,000 at a midsize law firm. This can mean that it will take you twice as long to pay off student loans. Those going to the lowest-ranked schools may have job offers at $35k – lower than their salaries before law school. If you cannot find a job, these loans become a major problem, so many opt to skip law school instead of going to one where this is a possibility.

George asks…

Personal injury lawsuit against the city of New York, How much more time am I looking at to settle?

Hey guys, I was in a motorcycle accident in September of 2003. I crashed my motorcycle due to man made holes that were left uncovered on a side street here in NYC(construction). My lawyer tells me we have a strong case. I broke my femur in 2 different places and have had 4 surgery’s in the past 6 years. 6 months of physical therapy. My friends were kind enough to take pictures of the site while i was still in the hospital. According to my lawyer i owe my friends big time because the holes that were cut into the street were covered up shortly after my accident. there were roughly 8 rectangular holes cut into the street.. of which 5 were covered up at the time of my accident. there was a stack of metal plates that were once used to cover the holes across the street.. My friends took pictures of all this. As of today I have already been interviewed by the NYC lawyers with my lawyer present, I have been looked at by the NYC lawyers doctors to review my injuries. I guess now we are just waiting for a trial date. I speak to my lawyer every month and he keeps telling me the same thing, that the city is delaying as much as possible. He tells me to check with him every month so he can give me an update, which I do. He hasnt said anything to me about what amount of money we are looking at. He doesnt want to give me a number and for it to be much less in the end which i understand..My question is how much more time am i looking at for this thing to either go to trial or settle? i know that is a difficult question to answer…but if anyone has had a personal injury suit against the city or state I would love to hear your story or atleast a timeline…its been 6 years and i would just like to hear your experience.. thsanks in advance.

Eddie

Sport answers:

This seems to be a long time for a lawsuit of any size. You are coming close to 7 years. If you are having questions regarding compensation consider the following costs and damages. Medical expenses, physical therapy, hospital visits, loss of wages, pain and suffering & ongoing med. Expenses.

As for time line: if you are still getting ongoing medical treatment perhaps that is the reason why your attorney hasn’t settled etc. Link below on steps: http://injurymaryland.com/personal-injury-lawsuit-funding/

Go to the middle of the article and it explains the different steps. It’s case by case but I’m sure your attorney has a reason why its been going on for so long.

Good luck…

 

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Questions About Traffic Law

Steven asks…

What are the problems caused by operating while intoxicated and getting caught?

This happened to a family member on Monday. Does he go to jail? pay fines? Does it affect his chances of becomming a doctor? Will he lose his license?

It was a .18 on the alcohol meter thing.

Sport answers:

It depends on the State. In NYC, where I work, getting caught driving while intoxicated is a misdemeanor (unless the person has a previous conviction within the last 10 years). Also blowing a .18 usually means that the District Attorney’s Office will not offer the lighter penalty of Driving While Ability Impaired (which is a violation – not a crime).

Usually jail time is only what time the person serves while waiting for the arrest to be processed and the person is brought before the judge. As for losing the driver’s license, that usually is an automatic. For the misdemeanor, it’s usually 6-months, for the violation it’s usually 90 days.

There will be fines and possibly the mandatory attendence of a Stop Drinking & Driving Program for a certain period of time.

As for becoming a doctor. I don’t believe that this will affect them. If there were other circumstances, such as this being a Felony DWI, or there was an accident that resulted in death and there were other charges pending – then that could change.

Mark asks…

i need information on speeding tickets in new york?

i need information on a couple of things.

- is over 35 mph reckless driving
- how do i know what i am being fined..the ticket says nothing
- what happens when i plead not guilty
- where would i end up going to court
- how can i get a traffic attorney
- how many points can lead to your license getting taken away

Sport answers:

- is over 35 mph reckless driving…no but traveling 35mph in excess of the posted limit is!

- how do i know what i am being fined..the ticket says nothing…go to this website http://nycserv.nyc.gov/NYCServWeb/NYCSERVMain

- what happens when i plead not guilty…you have to appear on the date indicated upon your traffic summons. The court will listen to your side of the story and determine if you are or are not guilty.

- where would i end up going to court…at the address indicated on the ticket. Normally this is at the court house located in the jurisdiction of where the ticket was issued.

- how can i get a traffic attorney…you can start at this website…http://www.newyorktraffictickets.us/

- how many points can lead to your license getting taken away…Your license will be suspended for three speeding violations within 18 months even if your total is less than 11 points. And serious offenses such as driving while under the influence of alcohol or drugs carry serious consequences, starting with a six-month license revocation.

While the traffic convictions themselves remain on your record for at least three years, the points are automatically removed from your total 18 months after committing an offense. You may also remove four points from your total by completing an accident-prevention course approved by the DMV (read the DMV’s Point and Insurance Reduction Program brochure).

 

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Some Questions and Answers from New York Personal Injury Attorney NYC

Jane asks…

my husband fell at work because of a machine that malfunctioned, we want to sue what will the settlement be?

my husband is a carpenter, he was working on a bridge that is 60 feet in the air. He was in a man lift and was booming up he stopped the lift but the lift kept booming up next thing he knew the lift was going over. all he could do was crouch down and ride it out. After investigating they found that the safety alarm was not working, these man lifts are made to shut down if the ground they are on is uneven ground. My husband sustained many injuries very lucky to be a live the doctors said he broke his pelvis, broke his arm in two places, shattered his elbow 5 hour surgery to fix the elbow, and a broken nose along with many deep cuts and rope burn from a rope that went around his arm leaving him with a scar from his wrist up to his bicep. My question is …..this was a job for New York state the lift was the companies the NYS labor laws prohibits suing your employer we are suing NYS and the manufacture of the man lift how will our lawyers come up with a dollar amount and what would you guess that amount would be. The doctors are not sure yet the long term effects of the injuries yet. They did say there is a possibility that he wont have full function of his arm ever again, My husband and i are told by people that we will get a very good settlement , a large amount of money , is this true?
We are not going into this with the thought that we will be maga rich…My husband almost lost his life and our children their father. I don’t work when we started our family i left my teaching postion to stay home with our kids. The money is really tight right know even with the work-mens comp. My husbands wages are the only source of income. However we are lucky to have all of the medical bills paid 100 % through WMC , union Ins. and we are N.American our tribe picks up anything the other two don’t …so I just want to let you know we are not greedy people we are just courious of what the outcome in this may be. thank you for the get well wishes God Bless and thank you for your time. to answer my question

Sport answers:

The amount of compensation received depends upon how serious your injuries are and what other losses you have incurred, including:

* Loss of earnings, including overtime and bonuses
* Travel to and from medical appointments
* Any medication
* Care given by members of your family or others
* Damage caused to any of your personal effects

Best of luck though. Very lucky man to be alive!

Laura asks…

statute of limitations?

In Ny State what is the limitation of bill collectors for a medical bill that is six years old and did not notify of it being due before this time?

Sport answers:

This representation is made without warranty or gaurantee as to its accuracy. For details, please consult a lawyer in your area.

New York Statutes of Limitation
N. Y. Civil Practice Law and Rules: Chapter Eight of the Consolidated Laws, Article 2 – Limitations of Time:
211. Actions to be commenced within twenty years. (a) On a bond. (b) On a money judgment. (c) By state for real property. (d) By grantee of state for real property. (e) For support, alimony or maintenance.
212. Actions to be commenced within ten years. (a) Possession necessary to recover real property. (b) Annulment of letters patent. (c) To redeem from a mortgage.
213. Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud.
213-a. Actions to be commenced within four years; residential rent overcharge.
213-b. Action by a victim of a criminal offense.
214. Actions to be commenced within three years: for non- payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical or dental malpractice; to annul a marriage on the ground of fraud.
UCC, Section 2–725. Statute of Limitations in Contracts for Sale. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. (2) A cause of action accrues when the breach occurs, regardless of the aggrieved party`s lack of knowledge of the breach. Contract for lease of goods: 4 years (N. Y. U.C.C. 2-A-506(1).
S 203. Method of computing periods of limitation generally. (a) Accrual of cause of action and interposition of claim. The time within which an action must be commenced, except as otherwise expressly prescribed, shall be computed from the time the cause of action accrued to the time the claim is interposed.

A medical bill will usually be a written contract, making the statute of limitations six years according to the information above.

Sharon asks…

Workman’s comp claim?

Can any one explain what is the best way to submit a workman’s comp claim ? I printed out the “notice of claim ” , form WC – 14, yet i am very scared to just walk into my bosses ( the owner’s ! ) office, and say, ” Here – i want you to submit this claim on your insurance-for-me-workman’s comp account , to the State.” Yet, that is what the Dr.s office Thinks i am supposed to do ! (They are not sure ….??!!) I have a work related , i.e., CAUSED at work , injury, but i have a funny feeling he doesn’t want me to submit it. He knows I have a quote from the Throat Doctor saying it will cost $4,300 plus to do the out-patient surgery, but he never mentioned that workman’s comp is an option. I think he doesn’t want me to put it in. I wonder why …. Can any when give advice here from personal experience, or a trained legal standpoint. Thanks so much.

Sport answers:

Your boss doesn’t want you to submit a workers’ comp claim because it will raise his premiums. Do you have medical insurance? If so, you could get the surgery done through that coverage. Of course you will have to pay co-payments, deductibles, etc.

I was injured at work over five years ago (January, 2005). I used my medical insurance to pay for surgery (shoulder) and the physical therapy until I realized I wasn’t getting better. Even after engaging a lawyer it took 2.5 years for the WC insurance company to concede responsibility. I had to fight to get a second operation. The WC insurance company would claim letters weren’t received until the very day my lawyer would call. The law (New York) says they must respond in 30 days, but after 60, we had to ask for a hearing in the WC court. Finally, the judge ordered the insurance company to pay.

Thanks to the insurance company’s stalling tactics, I am still in physical therapy because the muscles got very weak after five years of no use.

Learn from my experience. Contact a lawyer who specializes in workers’ comp immediately.

If you are out of work (more than three days in NY) because of the treatment, you may also qualify for pay from the insurance company.

I hope this helps.
Gary

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Your Questions About Auto Accidents

George asks…

Car accident victim in New York State…?

I was in an auto accident last month and my case isn’t settled yet. I recieved a rental vehicle for a short time, and I was told I have 72 hours before I recieve my settlement to bring the rental back. I brought it back last monday and will not recieve the settlement for another 2 weeks. I am a working mother of 2 children who attend school, w/o a vehicle I cannot get to work or bring them to school and I was also told I have 2 pay for 3 extra days because I was supposed to bring the rental back the friday before. I brought the vehicle back on Monday at 9am and did not have it for a full 3rd day. The insurance company refuses to pay for those days, which leaves me with $92 I have to pay out of my pocket. Since the accident my work schedule has been reduced from 37 hours a week to 12, which cuts my money ALOT. I was also refused for my wage reimbursement for the days I missed after my accident. Does this seem right to do? No lawyer will be hired either because I cannot afford one. Help!
It was not my fault, I was hit by a drunk driver – and I would not like a lawyer at all, because my settlement will only be around $5000 (what the cars worth and some from the insurance company). The accident was on the 20th of Oct., but it was way before 30 days that they took the rental away. I was given 2 weeks. I also cannot speak with an attorney w/o pretty much paying them – no way will I waste money on something I can try and do myself. 1/3 of my settlement will leave me with nothing near what I will be getting now, and I need as much of that money I can get. I also would like to get it all before Xmas so my kids will get good gifts ya know…

Sport answers:

Your policy probably has rental reimbusement coverage on it. Check this out. It’s probably limited to 30 days. Since I’m not sure about the date of the accident, that’s probably why the insurer refuses to pay for the additional days, depending upon the date of your accident. If you had the rental for more than 30 days, the extra days are on you.

Now as for your wages, I’m not sure about the circumstances of your accident. You don’t state why your hours have been cut at work. Are you injured? If so, why were you injured? Who is at fault for the injury? If there was another car involved, do they have insurance and was it their fault?

Linda asks…

New York Public Defender refused to listen to my defense or interview witnesses What r options?

Recently I was in an accident while coming down a hill, I swerved to avoid hitting a deer. I careened to the right and smashed the whole passenger side into trees totalling the vehicle. A neighbor came out and helped me of which I made phone calls home and then went home to call for help. My bf (btw the vehicle was his grandmother’s), called me every name in the book, and threw me around. I took some hydroxyzine and a couple of swigs of run to calm my town nerves. I went back to the scene to see if I could get the truck out of there to no avail.

Ambulance and police showed up at my door and I wen to ER for possible injuries. I was severely traumatized as i was thrown around, crached car, and PTSD’s about my mother’s auto accident as she died from a result of it. Consequently, not thinking and being in the midts of trauma, I did not think twice about what I drank, nor did I care, nor did I associate the fact that I might get pinned for a DWI. To my knowledge, no one was called.

There are MANY inconsistencies in the police report, such as the time of the accident, where I was coming from and going to, the fact that I swerved to avoid a deer was not included. I have proof of time of accident, proof that I wasn’t drinking beforehand and proff of where I was coming from and going to. Seeing as I only have a PD, he does not want to get into all the proofs and witnesses and says I will lose because i had a previous DUI ten years ago. He also states that noone will believe me even with witnesses and proof of times of accidents via the telephone. He basically does not want to fight for me.

If anyone knows the NY state law, isn’t there anyway to dismiss the police report as evidence seeing that it is inaccurate? I wasnot arrested at the scene and an hour passed between the time of the accident and the police arriving. My attorney wants me to plead guilty and assures if i don’t plea bargain that I will go to jail. What are my options, and does anyone have the ups on the laws which could govern his police report as inadmissable, and that to question a victim after a horrific accidnet should not count due to the trauma?

If there are any case histories that can be sited would definitely be helpful. Also, I go to court on Tuesday again with my attorney, I don’t think he is giving all he has, and since the accident, I am in a Safe House against domestic violence and not in the best frame of mind. I need more time to get opinions and research, so therefore i would like to get it continued until I have a clearer frame of mind.

Any and all help would be appreciated. Please don’t comment if you are going to insult or judge me. I can beat myself up well enough.

Sport answers:

The police report is not evidence. It is only there to refresh the memory of the officer who testifies. It is the courtroom testimony that will be evidence. If the officer contradicts himself on the stand, your lawyer can and should bring that up as it affects his credibility.

You can bring in witnesses to court that can back up your story.

An hour between the accident and being contacted by the police will not prove your innocence by itself.

And your story sounds tenuous at best. The neighbor let you use the phone. You called your house, then left the scene, went home, got drunk, took some drugs, and THEN called the police and went back to the scene?

Yeah, I’m sorry. I just don’t buy that sequence of events, even if you had a bunch of evidence to back you up, that simply does not make any sense at all. Listen to your lawyer, if he thinks you’ll get convicted, he’s probably right.

You can go to trial if you want to, but if you get convicted, remember that the professional representing you told you it was a bad idea.

You could always pay for a lawyer that will be more to your liking…

James asks…

What are my options in this situation? highway car “accident”? any lawyers? please help!?

Please help, please read.

So my sister’s boyfriend told my mom about a job and she asked me if i wanted to go, from what I understood we were going to be breaking down walls in a house and then fixing them with like a company or something, so I agreed. However it turned out being a job for this old guy, we were to fix his mom’s house and I was stuck painting the walls. The job was all the way in York, Pennsylvania, and I live in silver spring, MD. Everything was going good until I found out the guy had had a stroke three years ago, and that that was the reason why every time he drove he leaned too much to the left. The second day he kept leaning too much to the left and so my sister’s bf drove the rest of the way. On the third day (Wednesday) we had to stay at a hotel because the old man was too tired to drive back, on the forth my sister’s bf fell from the roof and landed on the fence, he scrapped his chest but nothing seemed so badly hurt and he didn’t want to go to the doctor, I don’t even know how he fell or why he was on the roof, since he had no reason to be there. That day he started acting weird, he was out of place and kept talking nonsense. I found out that he and the old guy smoked weed too, anyways we left and on Friday they went to pick me up. My sister’s bf was driving and I asked why and he said the old guy wasn’t feeling good, I was going to quit but thought I should rather go make money for my family. The dude seemed ok, and I was really tired so I went to sleep. The dude then started acting weird and I felt the car jerk when he was changing the radio, I thought the old guy would tell him to stop and let him drive but he didn’t. I tried going back to sleep but felt the car jerking violently and saw the guy struggling with the steering wheel, we were going at 65-70 mph and I was in the back with my car belt on. The guy pulled the car to the right, we were on the left lane, and we slammed into a truck, then he pulled it left and we started rolling down a hill, and landed on the wheels on a road going opposite way. I was hurting from my arm, neck, and head. I tried opening the door but the door was stuck, I saw the old guy looking around and the guy already out. I tried to get out but people kept screaming not to move, the car then began to smoke up and so I was pulled out a window. We were taken to a hospital in York where they told me my right wrist fractured, but everything else was good, they did a cat scan and everything. I start college on Wednesday, but now i have my hand fractured and still have to go see an orthopedic. I fractured a bone that takes long to heal and might need surgery. I placed my hand on the roof of the car without thinking. The guy driving said the wheel popped although I didn’t hear shit, and he has no license. The old guy had car insurance, people keep telling me to call a lawyer and make the insurance company pay my medical bills, and he hasn’t even paid me yet for the work. I don’t know what to do, I don’t know if the insurance would even give me money, and I don’t know what would happen to them. They left the hospital without even waiting for results and both of them had broken ribs. The other guy went to the doctor and supposedly the cat scan showed a shadow on his head. I really have no idea what to do, what could I do? I don’t think I have medical insurance.

Damn, I knew something was going to go wrong, but I needed the money, that’s why it sucks being poor.
I also don’t remember police since we were taken in ambulances and the dumb old guy left the hospital for a smoke.

Sport answers:

With the vehicle striking another truck and you all went to the hospital, I guarantee you the police came to the scene to investigate.

You need to find out which police department came and then call them and find out when the police report will be done. The police report will/should show the name of the insurance company of the older gentleman. You can then call them and file a claim for your medical bills and injuries.

What happened days before and on the job, have nothing to do with this accident. Any salary you are owed, you will have to deal with the gentleman later.

If the gentleman’s auto policy has either medical payment and/or PIP, it should pay for your medical bills UP TO THE LIMIT that he bought. You need to talk to your mother and see if she has health insurance, or she might have to file a claim on HER auto policy for your medical bills (as secondary) if the gentleman does not have on his policy.

BTW, not sure of your age, but if a minor, then the insurance company must get permission from your mother to talk to you.

Good luck

Richard asks…

I caused a crash in Florida – please help with my question!?

This is a “no-fault” state. I found out that my insurance crash limitations only covered $10,000 in coverage (lame, I know!). But my car alone had $2,500 in damage. But the two other cars had very little damage, HOWEVER, one of the cars was a 2006 Cadillac (EEK!).

So my insurance company sends me a certified letter stating that the amount MAY be more than what my insurance can cover and that I MAY want to retain a lawyer. (We’re a military family, so we’d be using the SJA.)

But I talked to someone and they said Florida (like California) is a no-fault state and that if my insurance DOES run out, the woman’s insurance would then pick up that tab.

Is this true? I know this is truly unfair, but I just want to know where I stand and do I need to talk to a lawyer anyways?

Sport answers:

First, you need to understand what no fault insurance is. It doesn’t eliminate the possibility you will be sued, it merely puts some limitations on it.

How no fault insurance works
“No fault insurance” is a general term that is used to describe any auto insurance system that both requires drivers to carry insurance for their own protection, and that places limitations on their ability to sue other drivers for damages.

In an accident, under no fault laws, your auto insurance company will pay for your damages (up to your policy limits), regardless of who was at fault for the accident. Any other drivers involved will be covered by their auto insurance policies.

Under a pure no fault system, drivers would be completely covered by their own policy, and would be barred from ever suing another driver for damages.

However, no state uses a pure system. Instead, all “no fault” states actually use parts of both the no fault system and the standard liability system (under which you’re financially responsible for the cost of damages you cause). States do this by permitting lawsuits in certain cases.

See http://www.autoinsuranceindepth.com/no-fault-insurance.html for more on that subject.

California is NOT a no fault state. If the woman has under insured coverage on her policy, her insurance would indeed pay, but then they would want the responsible party (you) to pay them back.

Instead of talking to ‘someone’ I suggest you do as your own insurance suggested, and talk to an attorney now rather than later. There are some preemptive steps that can be taken.

So you will be better informed:

Currently 12 states and Puerto Rico have no-fault auto insurance laws. Florida, Michigan, New Jersey, New York and Pennsylvania have verbal thresholds. The other seven states—Hawaii, Kansas, Kentucky, Massachusetts, Minnesota, North Dakota and Utah—use a monetary threshold. Three states have a “choice” no-fault law. In New Jersey, Pennsylvania and Kentucky, motorists may reject the lawsuit threshold and retain the right to sue for any auto-related injury.

Note that CA is not mentioned on the list. See http://www.iii.org/media/hottopics/insurance/nofault/ for more.

 

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Questions from Best Personal Injury Attorney NYC

John asks…

In a car accident law suit settlement do I have to pay back my insurance company for any medical bills?

I live in new york city and it is considered “no fault”. I asked my lawyer and he said no that my insurance doesnt get repayed by me or anybody else. If they want to recover the medical bills that they will sue the other insurance party but my settlement has nothing to do with my insurance company. Is this true?

Sport answers:

Your lawyer is right.

Susan asks…

Where can I find a good Spanish speaking personal injury attorney in New York City?

My aunt speaks little to no English and needs a personal injury attorney from a car accident. Any recommendations?

Sport answers:

Consider searching a personal injury attorney online. There you can find lots of lawyers based on your needs.

Helen asks…

i was injured in an automobile accident 9 years ago i was awarded a low 6 figure sum i went to trial against?

the city of new york and the jury gave me a verdict. can i ever re open the case for more money its suppose to last my life expectancy.

Sport answers:

9 years ago? Sorry, you can’t.

When you’re given a verdict that you don’t like (even if you win) you can appeal to try and get one that’s better.
But you don’t have all your life to decide on doing that… The statute of limitations on appeals is a lot more restrictive than on other things… Usually, you have like 2 weeks to 2 months to let the court know of your decision, then your lawyer launches the procedure.

IF you’ve got something major to prove that the court’s decision was bad and that your decision not to appeal for more was coerced or something or that things stemming from that case happened after the decision and justify a larger award (and no, your portfolio vanishing during the bank crisis doesn’t count)… Maybe you should ask a real lawyer with all the specifics of the case.

But by the look of it, any attempt by you to reopen the case would be dismissed as frivolous.

 

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Your Questions About Personal Injury Lawyer Nyc

Betty asks…

How much do lawyers actually cost?

I know that some lawyers cost millions and others 7 or $800 dollars but how much does a decent respectable lawyer cost?

Mostly, I am asking about civil lawyers.

Include retaining fee estimates, payment structures, payment protocols and any pertinent fee related info I am leaving out.

Will a decent respectable winning lawyer work off commission?

Does it depend on the type of civil case or whom you are suing?

Sport answers:

It varies considerably, depending on the area and years of experience. Legal fees may reflect the cost of living in an area, so you could pay more for an lawyer in NYC than you would for one in, say, Boise. Also, a new lawyer will charge less per hour than a senior partner would for his or her time.

Many a “decent, respectable, winning lawyer” work for contingency fees. I have only seen this when the case at hand is for personal injury, however. They can be illegal in some states, or for certain types of cases.

Robert asks…

Is a school responsible for an ambulance bill when a child is hurt by their negligence?

My son was helping a teacher with a project and somehow got a heavy duty stapler went off into his hand. He was rushed to the hospital via ambulance and went through minor surgery to remove it. I now have a $558 ambulance bill that the school says it wont pay. Are they responsible? Should I sue? It is a NYC Public School.

Sport answers:

With all the personal injury lawyers out their chasing after cases like this , call one !!!

William asks…

Being a divorce lawyer in New York City? Any lawyer in New York City?

What types of lawyers make the most money and are in high demand in New York City? I want to be a divorce lawyer, would New York City, NY be a good place to be a divorce lawyer? Thanks!

Sport answers:

Yes, I think you are right. NYC would be a great place to be a divorce lawyer.

Tax lawyers, personal injury lawyers and contract lawyers would also be good choices.

Sharon asks…

Is it all i can get from insurance for being hit by a car?

I was hit by a car in December – NYC – hit and run – got plates – got witnesses – 8 tib/fib fractures – 2 surgeries – still in a cast – might have to walk with a cane forever – will need at least one cosmetic surgery when it heals -filed for lawsuit.
I have been out of work for almost 8 months now and will never be able to go back to work – i will have to change fields, but im not able to work yet. I also dont qualify for any disabily benefits or lost earnings.
My lawyer tells me there is a certain amount of money i can get but i need more than that because of all the medical bills, money i could have made working, a pure hell of pain and not being able to cross one street without thinking i am risking my life doing it.
Is it true or is there a way i can get more money?
(i think the driver doesnt have any personal assets)
I dont get disability benefits because im not a citizen and i cant ask for lost wages because i have no way of proving how much i was making.
I dont have insurance myself.
The amount my lawyer is talking about is the max on cars policy – but its too little for injury like this.
(i mean people fake injuries and get million dollars and i have “tragic” injury and thats all i get???)

Sport answers:

I am sorry to hear about your situation. The insurance company will / or has paid the total amount on that bas****s policy for personal injury / damages. This can be as little as $10,000 to as much as $1,000,000 depending on the coverage he carried. Medical bills are usually carried separately, but normally run the same spread of amounts.

I can only suggest that you do file a lawsuit for the differences. Whether he has any personal wealth or not, does not mean you could not win a case against him for a certain amount. I am pretty sure that you could then garnish wages; garnish tax returns, inheritance, and other forms of income over the next 30 years or more. I realize this doesn’t help much, but I think this is the route I would go in your case. Good Luck and I hope your recovery goes with the greatest success.

Thomas asks…

do entertainment lawyers make a lot of money? more than others?

how much do they make? especially if you work in NYC

Sport answers:

Well based on my sister who has been a lawyer in the music field for about 15 years I would say it is one of the lowest paying fields of law. I have spoken to her about why she does it and it is the love of the music industry, by the way she says that attornys in the movie industry make even less. The reason is that it is considered such a glamorous job that alot of people want to do it and the competion drives down salaries. According to what she tells me they start at about 60-70% of what a prosecutor makes working for the city and this is for a top of thier law class graduate. Lawyers who go to the prosecutors office out of school are generally those who couldn’t get a job at a private firm, of course their at some good ones who go there out of principle

She has had some really cool jobs though. She was Director of Legal Affairs, essentially the top lawyer, at Loud Music which is the hip hop division of Sony Music where they had such names as Old Dirty Bastard and the rest of the Wu-Tang Clan and many other top performers. She has now jumped ship from working for the record labels and is working for the artists. Her firm represents Eminem and 50-cent amoung many others.

She still does not make great money by NYC lawyer standards but she loves what she does. If you can be the named partner of the firm you will make tons of money but the only way to get their in the music, or for that matter any entertainment field, is to know the right people on top of being a top attorny. Just being a great attorny will not make you lots of money in the entertainment industry, at least not by lawyer standards.

Both my brother and sister, both lawyers, agree that personal injury is the best way to make top money as an attorny, niether of them do this because they think of this as ambulence chasers and they would rather make just plain good money in the field of law that they love.

So I think if you are going to be an attorny do what you love and you will still make good money just not the best, but you will love what you do. Or you can do what I did and go into finance, you better love this to because trust me its a lot of work and starting pay is really bad but it goes up fast.

 

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Question to Ask a Personal Injury Attorney in NYC: What Determines the Value of Your Personal Injury Case

Readers who came to us looking for a personal injury attorney in NYC have asked us a good question: What determines the value of your personal injury case?

If you have time, this would be a good question to ask any prospective personal injury attorney in NY that you interview.

We found this great article that has some good information in it that will help you understand what factors are involved in personal injury cases. This info will also help you judge the knowledge of a particular New York accident attorney.

Here’s the article:

There are many factors affecting a personal injury case outcome. There is the injury itself, the physical and mental disturbance results, the other party’s insurance limitations, responsible party’s financial status, and court location. Here is an inside look on how these factors influence your court case individually.

Injury Depth is Measured in Regards to How it Affects Your Daily Life

If you are in an accident case and severely wounded, the severity of the injury will be taken into consideration during your settlement or trial. The judge and jury will consider how has it changed your daily life. Has it limited your physical activity? Has the accident altered your ability to work? What about medical bills? Is there physical therapy involved?

In addition, if the injury has limited your work abilities or left you to be on disability, then the wages you used to earn will be factored into your case. If your standard of living has decreased, quality of life dropped, and/or daily activities altered or eliminated from your life, then these elements would be placed in the terms of financial value. Furthermore, this financial compensation would be added to the complete overall tally in regards to configuring a suitable amount allotted for such a tragic incident. Of course, it is not easy to sum up these negative life-altering situations in the terms of monetary value. It is a complicated process. Emotions arise; people are devastated, exhausted and completely drained afterwards. However, it is something that has to be done legally to receive justice for your case.

The Role of Emotional, Mental and Physical Damage Accrued is Deliberated

Emotional, mental and physical damage accrued via your accident plays a huge role on how much financial compensation is awarded to the victim. If you were mentally stable prior to the accident but now it causes you anxiety to ride in a vehicle, it will be measured. A judge and/or jury must take into consideration what impression the accident has upon your mental state. Furthermore, if you seek professional help to overcome these anxieties, then the expenses are tabulated. It is important to be honest and thorough with your attorney. It helps your legal team build an accurate, solid and comprehensive case. This is important for there are court systems bombarded with false accusations in these type of cases solely for the purpose of gaining money. Therefore, the further information provided by your attorney on your behalf, the easier time the courts have in identifying your case as a true, honest accident claim needing legal attention.

Location, Location, Location

Location is not just substantial when it comes to real estate. Location also plays a factor determining your monetary settlement. On average, a larger city court system will award a greater amount of money than a smaller town. You need to check with your personal injury attorney to be certain on this fact. Ask how location affects your case. Accident attorneys have the inside scoop due to experience, and will be able to guide you in the right direction.

Article Source: http://www.articlesbase.com/personal-injury-articles/what-determines-the-value-of-your-personal-injury-case-2120514.html

 

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Personal Injury Attorney in NYC: What to Ask in Your First Interview

If you need a personal injury attorney in NYC to handle an injury case, it’s important that you take the time to interview several attorneys before you actually hire one to handle your case. It might seem like an intimidating thing to do, but just treat it like a business consultation and you will do fine.

Be sure and bring all pertinent paperwork with you to show the attorney. He/she will be able to give you a much clearer picture of what type of case you have.

Adversarial situations such as a court case can be stressful and intense. Good communication between all parties involved on your side of the case is vital to the best outcome for you. That’s why it’s especially important that those who represent you are people you can communicate and work with.

A good way to find out how well you communicate with a prospective lawyer is to ask him/her lots of questions in your initial interview.

Ask questions that will give you insight into the attorney’s experience, expertise and working methods.

Ask questions that will probe different aspects of your relationship with him/her should you decide to work together.

First, pay attention to how well you communicate with each other in the initial interview. Make note of whether or not you are comfortable with the attorney’s interaction with you. Does he/she answer your questions to your satisfaction? Is the conversation comfortable? Is the attorney listening and fully engaged or distracted and hurried?

Be sure and ask your attorney what other document he/she needs from you to understand your case.

It’s a good idea to enter into a personal injury lawsuit with your eyes wide open as to the possible outcomes. Ask the attorney what will happen if you lose the case.

Will you still have a bill for all the case preparation? Often a  personal injury attorney in NYC won’t charge you anything if the case is lost. That’s good news for sure. But every law firm doesn’t necessarily have that policy, so be sure and ask about it in your initial interview.

Hiring a personal injury attorney in NYC requires many more things to consider before actually hiring the lawyer. Next time I will explore some more good ideas.

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Best Personal Injury Attorney in NYC for Your Case

It’s well worth taking your time to find the best personal injury attorney in NYC that’s right for you and your situation if you have a personal injury claim in New York City.

After all, suffering a personal injury can be a traumatic experience that can have many far-reaching ramifications in your life for many years into the future.

If you have been hurt in an accident that resulted in serious injury, your ability to work and provide for yourself and your family may be seriously compromised. If you are permanently disabled, you and your family may lose your home and suffer all sorts of difficulties.

If your injuries are due to someone’s negligence, you probably have a case for a personal injury claim to provide adequate compensation for your pain, suffering and losses.

If you decide to file a suit, you will want the best possible legal representation. Here are a few tips to help make sure you find the best personal injury attorney in NYC to represent you:

The first step is to find a New York City personal injury lawyer who has experience in the specific area of personal injury that relates to your case. In other words, if you have suffered an injury due to product liability, you will want an attorney that has successfully litigated product liability cases.

This is one of the most important criteria when selecting a personal injury lawyer in New York City. If the lawyer does not have a track record for winning personal injury cases of your type, then there is no point in hiring him/her to litigate your case.

Something else to think about when looking for an accident attorney in New York City to handle your case is to find out an attorney’s philosophy about settling out of court. Sometimes it is better to settle rather than pursue the litigation and sometimes it’s more advantageous to pursue the matter in court. Ask the attorney what determines when he or she thinks it’s best to go for a settlement instead of going to court. Understanding how the attorney will handle a possible settlement is important to determine prior to hiring him/her.

Find out if any payment for out-of-pocket expenses will be required of you upfront. With some attorneys, these type of expenses are included in the percentage the attorney will take as part of the settlement or verdict. There is nothing wrong with the attorney charging additional fees for work related to the case. It is simply best to establish whether or not such fees are included or not from the outset to avoid a problematic situation in the future.

One of the lesser known aspects to look into when hiring an attorney is to find out whether or not the attorney has continued his/her legal education since graduating from law school. Continuing legal education allows an attorney to stay up-to-date on the major changes and trends in the law that can affect legal case outcomes.

You will need a personal injury attorney in NYC that best represents your needs to the best of his/her ability. Following the guidelines in this article can help you find the attorney who is right for you and your case.

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Personal Injury Claim in New York City

If you have a personal injury claim in New York City, losing in court can have catastrophic consequences in your life. It’s therefore very important to do your due diligence at the outset to find the attorney who is right for your case.

But a word of caution: It’s not always easy to find the right New York City personal injury lawyer.

Why is that?

In some ways, we are all victims of the ever-more complicated world we live in.

One of the reasons it’s difficult to find the right attorney is the ballooning number of law specialties. Modern technology has necessitated new areas of law practice because of new laws regulating technologies. Attorneys have had to become increasingly specialized.

It’s therefore doubly important that you go about your search armed with the knowledge of how to find the best attorney to handle your personal injury claim.

An important part of finding the best attorney for your case is asking the prospective attorney a lot of questions.

Adversarial situations such as a court case can be stressful and intense. Good communication between all parties involved on your side of the case is vital to the best outcome for you. That’s why it’s especially important that those who represent you are people you can communicate and work with.

A good way to find out how well you communicate with a lawyer is to simply ask him/her lots of questions in your initial interview.

Ask questions that will give you insight into the attorney’s experience, expertise and working methods.

Ask questions that will probe different aspects of your relationship with him/her should you decide to work together.

Pay attention to how well you communicate with each other in the initial interview. Make note of whether or not you are comfortable with the attorney’s interaction with you. Does he/she answer your questions to your satisfaction? Is the conversation comfortable? Is the attorney listening and fully engaged or distracted and hurried?

If there’s a good chance your personal injury claim will go to trial, be sure and hire an attorney with above-average time spent in the courtroom. There are attorneys who excel at paperwork but who are incompetent in the courtroom. You don’t want the paper pusher. You want an attorney who is clearly comfortable going to court and who won’t be bullied into settling out of court.

This is especially important for a personal injury claim. Insurance companies know which attorneys actually try cases in court and those who tend to settle out of court and this is a factor in how the insurance companies assess their risk in the case.

This is why the insurance adjustors always ask “Who is representing the plaintiff?”

As part of the psychological strategy of winning your personal injury case, the insurance company must believe that your attorney is fully prepared to take the case to trial.

The cost of the attorney services is obviously an important area of discussion.

If you need a New York personal injury lawyer, most will offer you a free initial consultation.

Some law firms advertise “No fee if no recovery” or “no win no fee”. These are usually for personal injury cases.

Injury cases are almost always handled on a contingent fee basis. A “contingent” fee means that there will be no attorney fee unless you win the case and some financial recovery.

These are just a few points to help you find the best New York personal injury lawyer to handle your personal injury claim.

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Personal Injury Attorney in NYC: 6 Tips for Hiring the Right One

Hiring a skilled personal injury attorney in NYC is critical if you are considering any type of personal injury litigation in New York City. When hiring any lawyer–not just a New York City personal injury lawyer–it is important to always venture into the hiring process wisely and deliberately. After all, a lot is at stake. If you hire an attorney who is not right for you, the entire outcome of your case could be compromised.

This article will present a few simple guidelines for hiring an attorney who will serve you well.

1. First, it is best to hire an attorney who specializes in personal injury claims that relate to your case. For example, if you have been injured due to an auto accident, you do not want to hire an attorney who specializes in divorce cases. To help ensure the best possible outcome, it’s important to have an attorney who is very familiar with the type of case you are litigating.

2. It is also helpful to procure the services of an accident injury attorney who works on a contingency basis. You will sometimes see these law offices using the phrase ‘no win no fee’ or ‘no win no fee accident claims’ in their advertising. Litigation can cost a significant amount of money and contingency payment arrangements make legal representation much more affordable for those on a limited budget.

3. In your search for a personal injury attorney in New York City, it’s important to consider an attorney’s past performance. If a lawyer has won cases with significant jury awards in the past, then he or she is certainly skilled. An attorney needs both skill and experience to consistently win judgments. That is why a New York personal injury lawyer with a winning track record is so valuable.

4. Something else that can help you in your search for a New York City personal injury attorney is the Martindale-Hubbell rating. This is a rating designed to evaluate professional attorneys. It’s a consumer rating of sorts. What makes this particular rating unique is that the attorneys are rated by others in the legal profession. This gives the ratings some credibility due to the individuals who are compiling the ratings.

5. Look for a personal injury attorney in NYC with an investigative team. Litigating a personal injury claim involves a great deal of research. Your attorney will require professionals who can uncover the critical information needed to make a strong case in court. If an attorney has such a team working with/for him, take this into account as you make your hiring decision.

6. In a personal injury claim, it’s especially important to look beyond the courtroom and find out about the lawyer’s experience with insurance companies in other cases. The relationship between an attorney and an insurance company is a complex one. The accident attorney can negotiate settlement offers. An attorney who has negotiated high settlements in the past can prove very valuable to your case if you end up settling your case out of court. You want to know your attorney will be able to get you the highest settlement amount possible.

When looking for a good personal injury attorney in NYC, there are certainly other factors to consider but they all come down to one thing: Your attorney must be equipped to competently represent you and do everything possible to ensure the best possible outcome for your case.

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