Brooklyn, NY asked in Wrongful Death for New York

Q: My mom dies after à home invasion, what is my rights. thank you

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1 Lawyer Answer
Jonathan R. Ratchik
Jonathan R. Ratchik
  • New York, NY
  • Licensed in New York

A: I'm very sorry for your loss. Whether you might have a viable wrongful death claim on behalf of your mother really depends on how and where the home invasion occurred. If your mother lived in a private home, apart from perhaps suing the intruder, you would not have many options. On the other hand, if she lived in an apartment building and the intruder broke into your mother's apartment because the building's front door lock was broken and the landlord knew that it was broken (or should have known that it was broken), that might be a basis on which to bring such a lawsuit. Keep in mind that if your mother lived in a building owned by the NYCHA, you would have only 90 days in which to file a Notice of Claim to preserve your right to sue. You should consider speaking with an experienced personal injury attorney. You can find one using the Find a Lawyer tab on the JUSTIA homepage.

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