Get free answers to your Wrongful Death legal questions from lawyers in your area.
My wife died via suicide. She was being treated by a private practice doctor and was brought to the ER twice over her rapid decline from "anxiety". When I found her on the day of her death, she was still breathing and heart beating. EMS refused to work on her saying the wound was mortal.... View More 
answered on Nov 15, 2024
So sorry for your loss. Whether you have potential malpractice case will depend on whether the EMTs treatment of your wife departed from the standard of care and whether any such departure caused harm to your wife (an uphill climb if your wife had suicidal ideations). The only way to assess the... View More
After decree entry I'm confused they won't send the release papers without final lien letter which is undermining the judges final entered decree yes letters were sent and final decree entered, but how can we pay medicaid if they won't sign release
answered on Jan 29, 2024
Your Medicaid lien cannot be paid until such time as you have signed the settlement papers / release. If you haven't already, you'll need to request a final lien amount from Medicaid which may take several weeks. The final amount of the Medicaid lien may be incorporated into the release... View More
However paralegal stated that didn't apply to us for whatever reason, this was a wrongful death surrogates case ,and now I'm told the defense is refusing to send the release papers without a final lien letter from medicaid ,however that was all established when they didn't show for... View More
answered on Jan 26, 2024
The Court order governs the time in which the defendant has to make payment on the settlement. If payment is not contingent on receipt of Medicaid lien, it's not contingent. Although most insurance carriers will not issue a check until they are satisfied that there are no outstanding... View More
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.
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answered on Aug 17, 2023
The representative of your mother's estate is the only one able to bring an action. Is one of you the executor or administrator of her estate?
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.
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answered on Aug 17, 2023
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... View More
The estate I represent is winning a wrongful death award. My sister passed in an accident. Can the award be divided by the judge to benefit 3 people, (my mother, other sister and I) ? The interest of this would be that the award would not be taxable for anyone.
Thank you,
Claudia
answered on Mar 27, 2023
So sorry for your loss. Under New York's Estates Powers & Trust Law § 4-1.1, if your sister passed away without any children, the entirety of the recovery would go to your mother. Of course, you can certainly petition the court to divide the settlement proceeds equally among yourself,... View More
answered on Nov 14, 2022
New York State does not have the death penalty, so your character would not be getting the needle here. There is still a federal death penalty, and the majority of "death row" prisoners in the federal system are held in USP Terre Haute, Indiana.
answered on May 15, 2022
I'm very sorry for the loss of your grandfather. As a first step, your family could reach out to law firms that handle med mal/wrongful death matters. Most law firms handling such matters offer free initial consults. Upon preliminary review, if a firm believed there could be a potential basis... View More
answered on May 10, 2022
Sorry for your loss. Generally speaking, a wrongful death lawsuit can only be brought by the duly-appointed representative of the estate, either the executor (if there was a Will) or administrator (if there was no Will). Although you can certainly file a petition to be appointed administrator,... View More
I know at one point there was a letter sent to my grandmother in regards to a settlement but it was determined we wasn't zoned in. I understand we were zoned in at a later date. My grandmother and grandfather both died of cancer in that rachet town because of the oil spill and I feel justice... View More
answered on Feb 4, 2022
I'm sorry for the loss of your grandmother and grandfather. You could search online for case records of individual claimants under the spill (or its associated clean-up and remediation efforts), or whether a class of plaintiffs was formed. If venue for the action was in Missouri, another... View More
This question is about a wrongful deaths caused by a home health aide with a private agency. The agency has not reported the accident to New York State regulatory boards. We already know they do not intend to report it. If it is reported by the family or anyone else does it help or hinder a... View More
answered on Feb 3, 2022
So sorry for your loss. If the death is reported by the family or someone else, it could potentially affect a wrongful death lawsuit depending on what they say. Assuming the report is not confidential, what they say to the NYS Department of Health would arguably be relevant and therefore... View More
answered on Jan 25, 2022
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... View More
I wanted to know if i would go to jail if the crosswalk sign said to stop and i passed but the traffic light told the car to go almost hitting me. I dont know if this makes any sense...
answered on Jul 30, 2021
No one goes to jail for most traffic offenses (other than leaving the scene or reckless driving in some states).
If someone is in the crosswalk traffic has to stop. If no one is in it and traffic has a green light they may proceed.
I lost a child at just under 36 weeks pregnant. I was told by a lawyer at the time (2000) that nothing could be done because the baby did not take a breath outside of utero, but, the reason the baby didn't take a breath was negligence on the part of the hospital staff. I have proof in... View More
answered on Feb 17, 2021
Hi – I’m so terribly sorry about your incident. I can’t imagine how you are feeling. If you would like to talk to Us or any other attorney, please contact me and we can discuss a little more Fullyt about whether you have any ability to file a suit that involves recovery. Again, I’m so... View More
He tried to kill me fractured my Tibia Fibia. He was going for my head he damage my left elbow (as I cover up). He came in defense of his sister my wife. And began battering me with his bat. However, I was charge with domestic violence after I woke up from a coma. When I woke up I was told I was... View More
answered on Nov 19, 2020
Short answer is no.
Like many states, New York’s law sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, a general statute of limitations applies based on the category of the crime. The general time limits are:
five years for felony... View More
Hello. I'm wanted in the USA. While I was on bond I managed to get out of the country because I was very scared of consequences(prison). In that foreign country I've bought a fake death certificate and mailed(under different name) it to US court that handles my case(very stupid idea).... View More
answered on Oct 13, 2020
You’re going to want to hire an attorney now to negotiate several things. People make mistakes. Feel free to reach out to me (or any other Justia attorney who handles these matters to help you with your situation. My contact information is in my profile. Don’t just “face the music,”... View More
My grandfather accidentally hit someone's dog the other day, and left the scene (which he's already been ticketed for), and the dog didn't make it. The dog's owners tried getting him to pay the vet bill for the services the dog recieved before passing. Does my grandfather have... View More
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answered on Sep 15, 2020
He should speak with his car insurance company. However, I believe that he is liable from what you have said.
The driver was ticketed and charged with following too close, fined and that was the result. does this seem right? He does not get charged with killing someone?
answered on Sep 3, 2020
I'm very sorry for the loss of your father. In terms of the charges, that could have been the decision of the the county district attorney. But that does not prevent you and your family from pursuing a wrongful death action. You could contact attorneys to discuss further. Attorneys who handle... View More
...would that person be in any legal trouble in NY or NJ?
answered on Jun 25, 2020
Please don't do this. As attorneys, we are not qualified to counsel or advise in situations like this. But it is difficult to sit idle and say nothing when someone speaks of doing this. Please look into resources that are out there. There are hotlines, helplines, and other forms of counseling.... View More
The pathology reports show an infectious disease etiology & I'm not sure the f/up was done for that. Then her kidneys started failing. Food was never mentioned and in Oct. 18 i saw results suggesting CKF. And she had kidney stones in her ureter 3 times? Then a few other things happened... View More
answered on Jun 5, 2020
I'm very sorry for your loss. You could email your records to attorneys you contact. Don't worry about admissibility at this point. If an attorney identifies the basis for legally actionable claim, they would use HIPAA authorizations to obtain official records anyway. Good luck
Tim Akpinar
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