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My wife just left New York State with our children. She moved to be by her family. She called and said that she isn't coming back. This all came as surprise to me. What can I do?
Sad Dad
I have been injured in a work related accident. I am getting workmans compensation. Can I also sue for my injury?
Hurting
The short answer is yes. Anyone with filing fees can sue, unless they are an attorney, in that case, they have to believe you have a viable lawsuit. The question is not can you, but "Should you sue?" You will need to consult with an attorney to see if someone was negligent or otherwise harmed you as a matter of law. Not all harms generate funds for the injured, not even all serious harms. Why? sometimes bad things happen by accident. Sometimes the injured person themselves were mostly at fault, as a matter of legal liability, which may not be the same as what many people would imagine. A lawyer cannot sue just because you have the filing fees. A lawyer has to sign a document saying your suit is "not frivolous." "Frivolous" has special meaning under our law. If it can't be proven by the rules of evidence as they exist in an actual Courtroom, as opposed to what they do on TV that many lawyers would love to get away with if they could....then it is frivolous. Also, because you are receiving Comp., you would have to pay back out of your lawsuit some, much, or all of the indemnity that you received. As you can see, a consultation with a lawyer is important.
Immediately, the first business day, before you go to work, do not wait , go to your local Family Court, ask the clerk at the wndow for the proper form to file for custody of your children and do not leave the building until you file the form. Fill it out there. If you cannot see a lawyer before doing this, do it anyway and see one right after. It is important to file right away, for two reasons, one, you want to make sure that "jurisdiction" remains in your state. That means, you want to fight your battle where you are, not where she is. Second the longer you wait, the more a Judge may think you agreed to let her go, even if you didn't. Third, Court dates are first come, first served. Your lawyer can "amend" (fix) your form, don't worry about getting it perfect. Just get it in.
The municipailty where I live ticketed me for having a junkyard. I don't have a junkyard. I have a couple of cars that I am fixing for family. What can I do?
Not a Junkyard
How soon after I am injured should I consult with a lawyer if I think that I may have a law suit?
Hurting
Guess who has a junkyard? You do. In many areas, more than one unregistered vehicle is a "junkyard" or is otherwise unlawful, even if the vehicles are in good running condition. You can put the unregistered vehicles in a garage, leave the registered ones outside, and for now that works.
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