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New York Wrongful Death Questions & Answers
1 Answer | Asked in Wrongful Death for New York on
Q: Can my sister file a wrongful death lawsuit based on bad pre-natal care? The fetus died.
Peter N. Munsing
Peter N. Munsing
answered on Oct 25, 2017

She needs to contact a member of the NY State Trial Lawyers Assn who handles medical cases. Short answer is yes, if the care was "bellow the standard of medical care" AND it caused the death of the fetus and it can be shown the fetus would have lived otherwise.

1 Answer | Asked in Criminal Law, Civil Rights, Medical Malpractice and Wrongful Death for New York on
Q: Do I have rights if I was the emergency contact of a person who died in jail unexpectedly

He died in nys jail they said he just died before he arrived at the hospital and I wanted to make sure because we wasn't able to get an autopsy because he had a Muslim card from years before when he was incarcerated he never liked pork and they would give different meals if you said u was... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Sep 11, 2017

The claim would have to be filed by his next of kin.

1 Answer | Asked in Wrongful Death for New York on
Q: My mom died of a rare cancer and was exposed to known carcinogenic chemicals at her work before her death

- we suspect a link. This happened whenI was a minor. Am I able to sue now that I'm over 18?

Gregory Andrews Cade
Gregory Andrews Cade
answered on Jan 23, 2018

The statute of limitations for wrongful death lawsuits in New York is 2 years. Consequently, if a longer time elapsed from the passing of your mother, I am afraid you can no longer take legal action against her former employer. If, however, you find yourself within the 2-year time frame, you can... Read more »

1 Answer | Asked in Wrongful Death for New York on
Q: My partner died before we were married - am I able to sue on his behalf for a wrongful death claim?
Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2017

Contact a member of the NY State Trial Lawyers Assn--they give free consults. Most states do not recognize common law "partners," and even states with domestic partnership laws look to see if there was a civil union.

2 Answers | Asked in Wrongful Death for New York on
Q: My pregnant wife was hit while driving and we lost the child - are we able to file a wrongful death claim?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Aug 2, 2017

Yes, potentially. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... Read more »

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1 Answer | Asked in Criminal Law and Wrongful Death for New York on
Q: If the Da doesn't proved the Motion of Discovery paperwork, what other motions could a lawyer submit to help his client

Which the charge is for Murder 2 w/ intent. But the Da offered a plea of Manlaughter 1. How is that possible? And what more could a laywer do?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jul 8, 2017

Do you have a lawyer? If you don't feel confident in your lawyer, shop around. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,... Read more »

1 Answer | Asked in Wrongful Death for New York on
Q: Are you required to join a wrongful death lawsuit if someone in your family is bringing one?
Peter N. Munsing
Peter N. Munsing
answered on Jun 26, 2017

You'd want to be sure you are listed on the estate, and that the attorney bringing the case knows of you and your contact information. You don't have to be a party to the case however if you have a separate claim you do if you want that claim to be heard.

2 Answers | Asked in Wrongful Death for New York on
Q: Can the parents of an adult child sue for the child's wrongful death?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Jun 2, 2017

The estate can sue, and the administrator of the estate would bring the case. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... Read more »

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2 Answers | Asked in Wrongful Death for New York on
Q: How are the proceeds of a wrongful death case divided among the heirs?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on May 13, 2017

It depends on the will/ trust, otherwise intestacy laws apply. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

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2 Answers | Asked in Wrongful Death for New York on
Q: What do you have to prove to sue for wrongful death?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Apr 21, 2017

See: http://www.nycbar.org/get-legal-help/article/personal-injury-and-accidents/wrongful-death/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,...
Read more »

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1 Answer | Asked in Wrongful Death for New York on
Q: I am wondering what I would need to provide, to start and support a wrongful death suit against a medical institution

I am writing on behalf of victims children. My 51 year old cousin died from obstruction. She was scheduled for prolapse surgery but surgeon cancelled.

Peter N. Munsing
Peter N. Munsing
answered on Mar 29, 2017

Kids need an attorney. Medica records too. However usually the hospital wants to see estate papers. Contact a member of the NY State Trial Lawyers Assn--they give free consults.

1 Answer | Asked in Wrongful Death for New York on
Q: Can I contest their claim at this point

Good day police killed my brother 2 years ago n planted weapons on him, now they have sent bk documents stating there aren't enough evidence to take to circuit court so they are just getting away with murder. What can I do at this point? Please need help

Peter N. Munsing
Peter N. Munsing
answered on Mar 18, 2017

Generally there's a three year statute for tort cases but wrongful death cases are two years. You want to call up the NY Civil Liberties Union, ask if they have "cooperating attorneys" who handle police misconduct cases, and talk to one of those lawyers (they usually give free... Read more »

1 Answer | Asked in Elder Law, Family Law, Nursing Home Abuse and Wrongful Death for New York on
Q: If a family member passed from E Coli during a nursing home stay and wasnt properly watched over what can you do?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Mar 6, 2017

You may be able to sue the nursing home for negligence and wrongful death. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... Read more »

1 Answer | Asked in Wrongful Death for New York on
Q: If a family member is hurt in an accident with a reckless driver, but later dies because of poor quality medical care,

who is the responsible party?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
answered on Feb 18, 2017

It sounds like medical negligence was the proximate cause of death, not the car accident.

See: http://law.justia.com/cases/new-york/other-courts/2007/2007-51922.html, case: Chowes v Aslam, 2007 NY Slip Op 51922(U) [17 Misc 3d 1111(A)] Decided on October 11, 2007 Supreme Court, Kings...
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1 Answer | Asked in Wrongful Death for New York on
Q: If one sibling of a mothers estate is dedignated as the personal representative bringing forth an action related to pain

And suffering and wronful death are the other 2 siblings entitled to the settlement award?

Peter N. Munsing
Peter N. Munsing
answered on Jan 29, 2017

Yes, and the one has to give an accounting. But in most states all siblings can ask to be named co-representatives of the estate. Suggest you cotact a member of the NY State Trial Lawyers Assn if you have concerns about this.

2 Answers | Asked in Wrongful Death for New York on
Q: Is it ever possible to file a wrongful death suit against the government if the police were responsible for my spouse's

death (who himself wasn't at fault)? What are the differences between suing the government and a private party for wrongful death?

Peter N. Munsing
Peter N. Munsing
answered on Jan 20, 2017

Yes but there are time limits. You need to immediately contact a member of the NY State Trial Lawyers Assn who handles police misconduct cases--they give free consultations. The differences are that the government is responsible onlky in certain situations, and there are other restrictions. If you... Read more »

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1 Answer | Asked in Wrongful Death for New York on
Q: If my ex-husband's family was successful in winning a wrongful death case and received funds from it, can I sue his

estate for child support he never paid when he was still alive?

Peter N. Munsing
Peter N. Munsing
answered on Dec 19, 2016

You should put in a claim with the estate if the amount was still due and owing at the time of his demise.

1 Answer | Asked in Wrongful Death for New York on
Q: Are there limitations to who can file a wrongful death claim? Do you have to be related to the person who died?
Peter N. Munsing
Peter N. Munsing
answered on Nov 23, 2016

Yes you do. Only if those who have first claim to be administrator of the estate give up their claim to the non family member can that person be administrator. However, the non-family member has no claim of their own, no matter how close, loving, caring they may have been to the deceased.

1 Answer | Asked in Wrongful Death and Small Claims for New York on
Q: Can I seek interest, emotional damages, filing fees along with money owed to me in small claims court, NYS?

I have copy of check that indicates on check borrowed money to be paid back in a couple of days, have his signature of cashing the check for $990.00. Can I sue interest for not paying since this check was cashed in 2012, along with filing fees and emotional damages? Suing him in the town he... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Nov 4, 2016

You may sue him I believe statute of limitations in NY is 6 years. But don't wait any longer--do it now. You need to sue him where the payment was made, or where he lives now.

1 Answer | Asked in Wrongful Death for New York on
Q: My mother died after surgery four years ago.

We rushed her to the ER and after she passed, the ER doc said we should do an autopsy - but she was cremated before we could do anything about it. Do we have a case here? The ER doc seemed to think something wasn't right.

Peter N. Munsing
Peter N. Munsing
answered on Oct 30, 2016

without more, unlikely but bigger than that is a statute of limitations. For your own peace of mind get a consult from a member of the NY State Trial Lawyers Assn--they give free consults.

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