I was injured when I tripped and fell on a pothole located in a broken asphalt parking lot. I injured my leg. But when I was in the hospital after the accident I also suffered from a stroke. I am still feeling the affects of the stroke. I feel like my accident precipitated my stroke. … Continue reading Aggravating Versus Precipitating Condition
Tag: James Santner Esq.
I was injured in a motor vehicle accident. How do I evaluate the insurance company's offer? That is a really difficult question to answer. You have not specified what role you had in the accident nor did you state your injuries. Thus, rather than directly give you an answer if a particular offer is good … Continue reading Evaluating Personal Injury Cases
I was struck by a vehicle that crossed over the double yellow lines on a two lane highway. The other driver claimed that he fell asleep. Is there any way the sleepy driver would not pay for my damages? Unfortunately there is a way for the driver to escape liability. But depending upon where the … Continue reading Asleep at the Wheel
I badly injured my eye during a paintball weekend battle. A paintball had knocked loose my goggles and paint went into my eye. Do I have a claim? You may or may not, depending on two issues. One issue is the standard of care for paint ball parks. The second issue is assumption of risk. … Continue reading Accidents During Recreation
I injured my knee in a car accident. The doctor is recommending surgery for the knee, but I am afraid of surgery. Does my choice to treat an injury affect any personal injury damages case I may have? Yes, your treatment choices for your injuries may affect your recovery in a personal injury case. As … Continue reading Mitigating Damages
I received a summons for jury service. What can I expect? First, if there is any personal issue you may have, you can ask to postpone your jury service. Jury duty is highest form of service you can do for your country short of putting yourself in harm's way in the military. It is one … Continue reading Jury Service
I was injured outside my building in the winter. I slipped and fell on ice on the walkway leading to the front door. A nearby leader pipe from a gutter was in bad repair and was leaking water. Do I have a claim against the landlord? Yes, you have a claim. Although you can argue … Continue reading Duty of Landlord to Maintain Building
I was injured when I was riding a bicycle with two of my friends. Unfortunately for me, I was riding furthest away from the curb when a car struck me. Do I have a claim for my injuries? In New York, bicycle accidents involving motor vehicles have two main issues. An injured cyclist must navigate … Continue reading Bicyclists Must Follow Rules of the Road
I was involved in a motor vehicle accident. It is not clear from the position of the vehicles after the accident if I crossed over to the other side of the road or the other vehicle did. I do not remember the accident. I have amnesia. Do I have a claim? Probably not. You have … Continue reading Injured Party with Amnesia
I was choking in a restaurant. One of the customers tried to perform the Heimlich maneuver on me to clear my wind pipe. The customer failed. But a waiter from the restaurant knew what to do and saved my life. If I died, would my estate have any claim against the Good Samaritan that failed … Continue reading Good Samaritan Immunity