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New York Wrongful Death Questions & Answers
0 Answers | Asked in Wrongful Death for New York on
Q: my son got covid 19 in jail in vegas nevr tested him released him he died 13 days later choked on his blood from 19

my son was mentally ill from drugs. He went to jail in Vegas he stole a car and thought it was his even wearing the mans clothes. They put him in jail he has a record for doing drugs nothing bad just stupid petty crap. They released him in late August of 21. He passed away 13 days later from a lung... View More

1 Answer | Asked in Wrongful Death for New York on
Q: How can a medicaid lien be paid prior to me signing a release as the defense has yet to issue the release papers

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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

2 Answers | Asked in Wrongful Death for New York on
Q: My case settled and Decree was entered 20 days ago , which stated settlement to be paid within 10 days from date

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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

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1 Answer | Asked in Nursing Home Abuse and Wrongful Death for New York on
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.

Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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?

3 Answers | Asked in Nursing Home Abuse, Wrongful Death and Elder Law for New York on
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.

Benjamin Z. Katz
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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

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2 Answers | Asked in Estate Planning, Tax Law and Wrongful Death for New York on
Q: Can a wrongful death award arriving into sister's estate be divided in 3 (mother and 2 sisters)?

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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

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1 Answer | Asked in Criminal Law, Federal Crimes and Wrongful Death for New York on
Q: Asking from Canada: in NY what jail would a convicted person go for euthanasia? For fictional story reference. Thank you
Samuel C. Breslin
Samuel C. Breslin
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.

2 Answers | Asked in Wrongful Death for New York on
Q: What can I do if the hospital essentially played a part in my grandfather’s death?
Tim Akpinar
Tim Akpinar
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

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1 Answer | Asked in Wrongful Death for New York on
Q: Can a cousin file a wrongful death claim
Jonathan R. Ratchik
Jonathan R. Ratchik
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

1 Answer | Asked in Energy, Oil and Gas, Environmental, Personal Injury and Wrongful Death for New York on
Q: Was there any kind of settlement for the people in sugarcreek missouri for the ammaco oil refinery spill

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

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Wrongful Death for New York on
Q: Wrongful death

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

Jonathan R. Ratchik
Jonathan R. Ratchik
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

1 Answer | Asked in Wrongful Death for New York on
Q: My mom dies after à home invasion, what is my rights. thank you
Jonathan R. Ratchik
Jonathan R. Ratchik
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

1 Answer | Asked in Car Accidents, Federal Crimes and Wrongful Death for New York on
Q: Will i go to jail if i pass a crosswalk sign that told me to stop when the traffic light told the car to go?

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...

Peter N. Munsing
Peter N. Munsing
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.

3 Answers | Asked in Health Care Law, Personal Injury and Wrongful Death for New York on
Q: Is there a time limit to file on a wrongful death (hospital) lawsuit in New York state?

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

Jonathan Bradford Ripps
Jonathan Bradford Ripps
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

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1 Answer | Asked in Criminal Law, Civil Litigation, Social Security and Wrongful Death for New York on
Q: Can I sue my brother in law for assaulting me( about 12 years ago plus).

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

Peter Wade Kolp
Peter Wade Kolp
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...
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3 Answers | Asked in Criminal Law, Federal Crimes, Immigration Law and Wrongful Death for New York on
Q: Do I lose US citizenship after death?

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

Victor M. Feraru
Victor M. Feraru
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

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2 Answers | Asked in Animal / Dog Law, Car Accidents, Small Claims and Wrongful Death for New York on
Q: Does he have to pay the vet bill?

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

Benjamin Z. Katz
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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.

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3 Answers | Asked in Wrongful Death for New York on
Q: My father was on a motorcycle waiting at an intersection for a school bus with its stop sign out. He was hit and killed.

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?

Tim Akpinar
Tim Akpinar
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

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1 Answer | Asked in Criminal Law and Wrongful Death for New York on
Q: If I, on my own took a lethal dose of pills and then asked somebody to sit with me until it was over,

...would that person be in any legal trouble in NY or NJ?

Tim Akpinar
Tim Akpinar
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

2 Answers | Asked in Medical Malpractice and Wrongful Death for New York on
Q: My mom passed away 1.5 yrs ago & I know that something was missed. I have all of her records. No autopsy.

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

Tim Akpinar
Tim Akpinar
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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