I'm suing the state of NY (injury at a SUNY University)and we are waiting for judge to tell us if they/or both of us were responsible for ac...

Question

I'm suing the state of NY (injury at a SUNY University)and we are waiting for judge to tell us if they/or both of us were responsible for accident. The suit involves permanent injury but we lack the funds to bring our doctors in to explain the injuries. Is there any way the Judge would accept medical documentation from my doctor's instead of me coming up with 20 thousand dollars to bring my doctor's into court (I do not have the money?

**My lawyer seems to be very hesitant and thinks i might consider their ridiculous/offending offer. I am only 22 years old and I now have injury to my spine/ankle and a unique condition that affects me 7=10 days out of the month. I have since been on pain meds every day for this. I am very unhappy with this process. Doesn't a judge take an oath to be fair--and it should NOT matter that the State that i' suing pays her at the end of the week? or am i being naive? please respond at your earliest convenience. Thank you. D. Lee

Answer

Extremely difficult situation because you are suing the State and they will not consider any form of alternative dispute resolution. Your case will be decided by a Judge and not a jury. Normally, the cases against the State are dismissed. In your shoes, I would seriously consider settlement. In case you feel provision of medical records and reports would suffice, your attorney may enter in to a signed stipulation by the Judge to offer the reports in to evidence without the necessity of actual testimony. All parties have to agree. You are being extremely naive, because you are uneducated in the process.

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Please call me at (212) 968-8600 or toll-free at (800) 750-1828. Kind regards, RDM

GA Child support law: I received a TPO which included child support from my ex husband in 2009. We've been to court several times from TPO(2...

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GA Child support law: I received a TPO which included child support from my ex husband in 2009. We've been to court several times from TPO(2009)- our final divorce hearing(2013). Since the TPO was ordered he's been behind on child support. He's currently in excess of $25,000 in arrears (the amount of payments he hasn't paid since 2009). We've had several orders between the TPO in 2009 and the final decree in 2013 and some has addressed child support from that date forward but none addressed child support arrears. My ex now says that I can't get child support arrears before 2013 because another order (addressing the amount of child support going forward, from 2013, not arrears) voided the prior order and now he's not liable for what was ordered before. Is this true?

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Nope. Not just a deadbeat, but a liar. Get a lawyer. It may be time to give him the choice of jail or paying up.

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He is WRONG

He OWES the $$$

Hire an attorney immediately

God Bless

Ralph

770.985.6773

(Answered 24 x 7 x 365+)

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Once the TPO ended (assuming it was a year), the order to provide support ended for that action. He would owe what he didn't pay during the TPO, but don't think the actual order to pay extends after that. Don't know what the other orders say so can't comment. I assume you had an attorney in the divorce action. You need to get him/her to review the succession of orders to determine what is owed. If you didn't have one, you need to get one.

Live here in Nye County Nevada. I'd like to Contest a will. I have been in the family for 44yrs. A distant relatives children are the sole h...

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Live here in Nye County Nevada. I'd like to Contest a will. I have been in the family for 44yrs. A distant relatives children are the sole heirs to the will. The children are 13 & 15. Never met the folks in question and possibly thru DNA not even be related. Iam living in the house that has been willed to the children. This upcoming wknd the distant nephew is coming here to take inventory for his two kids. The trust is set for them to recieve all upon turning 18yrs of age. I, on the other hand have invested time, love and finaces ... I'd like to know do I go up to this court house and put in a notice of intent to contest the existing will.? (Especially since the distant nephew will be here in less than 1 week. Probate states nothing can be taken until 40days...Iam told this from distant nephew. What to do ....Time is of the essence. Change locks? Dont allow him in? Tell him verbally to buy time and stall till I have all need ed info so as I know how to proceed?

Answer

In order to bring a contest of the will, you will have to show the court some basis for contending it is invalid or that it was signed under duress or undue influence. If the testator (maker of the will) was under the influence of medications or suffered dementia or you know of some other reason he could not enter a valid contract, that may be sufficient basis for a contest. What you cannot do, though, is just challenge the decisions made by the testator if he was mentally sound and not under any sort of influence by another when he signed the will.

You speak, too, of a trust. Is the house owned by the trust or is it in the decedent's personal name? If in the trust, it is to be disbursed according to the mandates of the trust and that transfer need never be subjected to court review, unless there is some legitimate basis for a challenge of the trust. If not owned by the trust, it is likely a probateable asset that must be brought to the attention of the court. In most cases, the will (when there is also a trust) is a "pourover" will that simply names the trust as the sole beneficiary, then the assets are disbursed in accordance with the terms of the trust.

If you have copies of these important documents, it would be in your interest to have them reviewed by a competent estate planning and probate attorney before launching into litigation that my be terribly expensive and time consuming. You could end up paying for an attorney and for the OTHER side's attorney, as well, if your case is not solidly based on law and facts that indicate such a challenge might be successful.

As for what to do right now, if you have legitimate basis for legally occupying the house and some or all the contents are yours and not those of the trust or the decedent, you certainly can exclude anyone from entering the house without your permission. If you wish to enable the nephew to enter to do his duties as personal representative of the estate or successor trustee of the trust, you can do so. I would suggest clearly identifying - and, perhaps, relocating - any and all assets that are legally yours and not those of the deceased family member, so there is no confusion about what may be ultimately taken.

what is the most time you could get for a gun violation in Maryland....first offense?

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what is the most time you could get for a gun violation in Maryland....first offense?

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It depend on what you did with the gun, what kind of gun it is, your prior record, what jurisdiction you are in and other factors.

Guns are taken seriously.

Answer

Under the Criminal Law Article, Handguns, the penalty is: Penalty. --

(1) (i) A person who violates this section is guilty of a misdemeanor and, in addition to any other penalty imposed for the crime of violence or felony, shall be sentenced to imprisonment for not less than 5 years and not exceeding 20 years.

Answer

Even a first-time offender might be sentenced to serve the maximum imprisonment. What the maximum is depends on the specific charge. Your charge papers should state the maximum penalty. An experienced criminal defense attorney can help you evaluate the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to go to trial. Consider seeking a confidential consultation.

If an person get an subpoena an dont show up what's the outcome

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If an person get an subpoena an dont show up what's the outcome

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if you ignore a court subpoena, you could be put in jail.

Enter your question here...my landlord has on his website that if u have a repair and it is a mojor one and if it is not repaaired in 72 hrs...

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Enter your question here...my landlord has on his website that if u have a repair and it is a mojor one and if it is not repaaired in 72 hrs thaan u pay no rent til its fixed he calls it worry free mantance garentee well my roof has been leeking tthis time since oct or nov 2013 i asked him in december bout one month free rent and he said no we was lucky he didnt evict us cuz we was late on rent it has never been a problem in the past year and a half until istarted complaning bout roof we always pay late fees and all now my husband dont want to pay rent becuz of the mantaince worry free garentee what can i do and what all concists of major repaires in nc

Answer

Speak to a landlord tenant attorney in your area. I would not advise you to rely on the guarantee on the website. If the lease does not mention this, it would not be a viable defense in NC.

The leaky roof is a serious repair.

I was rear ended by a taxi driver over a month ago. I received all the insurance information and contacted their insurance and mine right aw...

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I was rear ended by a taxi driver over a month ago. I received all the insurance information and contacted their insurance and mine right away. The insurance company of the taxi driver gave me claim number and sent out an adjuster to get an estimate. However, nothing has moved since then. I just spoke with the insurance company and they are now saying that they cannot move forward because the insured (the taxi company) has not responded to any requests for a statement and it does not look like they are going to. The driver apparently no longer works for the company. Can I sue the taxi company for the cost to fix my car and for the emergency room bill?

Answer

You can sue the company for the property damage to the car, but your emergency room bill was likely paid for by your first party benefits/insurance. If it was paid by first party benefits, then it is not recoverable.

If the property damage was paid by your insurance, then you don't want to sue. It would be their job to sue via subrogation. Be careful here. If anyone else has made a payment on your behalf or for your benefit, you can get into a quandary if you pursue a claim without their knowledge. I can only answer based upon the limited facts that you provided. You really need a full consult to address issues that I have raised, and others.

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I agree with the previous comments. You should consult with an attorney to discuss the issues associated with your case.

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I agree with the above posts. As the taxi driver's insurance company is being difficult, you may want to pursue your first party benefits (medical bill and property damage) with your own insurance company, if you are not already doing so. For a third party claim (personal injury pain and suffering), you primarily would need to pursue the taxi driver, whose negligent driving allegedly was the cause of the accident. It would be more difficult to prove negligence on the part of the taxi company. I am not an expert on how the taxi system operates, but who owns the cab and the relationship between the driver and taxi company would be important to know. The taxi driver may be an independent contractor who only leases the medallion from the taxi company.