Poughkeepsie, NY asked in Nursing Home Abuse, Wrongful Death and Elder Law for New York

Q: My mother died due to negligence of a nursing home. What lawyer do I call.

My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.

3 Lawyer Answers
Benjamin Z. Katz
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Answered
  • Elder Law Lawyer
  • New York, NY
  • Licensed in New York

A: Any action must be brought on behalf of your mother’s estate. Someone must petition the Surrogate’s Court to be appointed Administrator or, if there is a Will, Executor. If she was married at the time of her death, her spouse has first priority to petition. If not, all natural born or adopted children have equal right to do so.

Jonathan R. Ratchik , Tim Akpinar and Peter J. Weinman agree with this answer

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: The right to sue belongs to the estate. Someone needs to be named administrator. There can only be one case. There are specialists in this area who do only nursing home negligence cases. It is contingency fee work.

Jonathan R. Ratchik and Tim Akpinar agree with this answer

Jonathan R. Ratchik
Jonathan R. Ratchik
Answered
  • New York, NY
  • Licensed in New York

A: So sorry for your loss. As my colleagues correctly advised, any lawsuit on your mother's behalf can only be brought by the duly appointed representative of her estate (either the Executor if she had a will, or an Administrator if she did not). And any recovery will be determined by the Surrogate's Court in accordance with New York's Estates Powers & Trusts Law. You can find many excellent attorneys who handle wrongful death cases by using the Find a Lawyer tab on the JUSTIA homepage.

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