THE WITTENSTEIN BLOG
THE WITTENSTEIN BLOG
If you are wondering, “THE WITTENSTEIN BLOG?”, you can find help here. There are Federal, State and Local laws that give rise to claims when people are injured by others or by the government. A personal injury attorney can help you assert these rights when you are able to state a valid claim.
So, you can ask something simple like, “What are my rights when I am injured in a car accident in New York?” Most of the time, you will be covered for medical, lost earnings and out-of-pocket expenses by “no-fault insurance.” If you are working at the time, and not an “independent contractor,” Workers Compensation Benefits will apply. You have the right to sue the “at-fault” vehicle for pain and suffering, future economic damage and other causes of action.
Less simple is the question, “What are my rights when I am fired from my job?” If you are not a member of a union, and do not have an explicit employment contract, you are likely an “employee at will,” and subject to termination without cause. So unless you have been discriminated against, there’s usually not much that can be done.
I am asked all the time, “What are my rights when my neighbor is harassing me,” – can I sue them. Technically, yes, you can sue them – you could march yourself to the courthouse and file a “summons and complaint,” but it will be expensive to bring this case and it will take years to get to trial – most likely you will not be able to collect on the judgment. So what to do – CALL THE POLICE. Harassment is a criminal offense and law enforcement is your “lawyer.”
“What are my rights when I am bitten by my neighborhoods dog?” Your neighbor is responsible for the control of their dog, and if you are invited on to their property, or the dog enters your property – and bites you in the shin – can sue them.
“What are my rights when my neighbor has junked cars and construction supplies on their unfenced property – and the local children play with it?” You can sue for creating an “attractive nuisance,” but a call to the police might work better here.