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New Jersey Wrongful Death Questions & Answers
1 Answer | Asked in Wrongful Death and Personal Injury for New Jersey on
Q: Can I sue hospice worker for overdose of meds
Tim Akpinar
Tim Akpinar
answered on Jun 15, 2023

I'm sorry for your family's ordeal. Such matters generally require thorough review to offer an answer. One option is to reach out to law firms to try to arrange a free initial consult. They would want to know more about the facility, the patient, the medication, how it was administered,... View More

1 Answer | Asked in Criminal Law, Personal Injury and Wrongful Death for New Jersey on
Q: doctors and nurses overdosed my wife with 50mg fentynol and 200 mg morphine...result coma and death.. death cert says

death cert says natural causues..not true..some doctors agreed with me ...overdose

Louis A Casadia
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answered on Apr 19, 2024

You should speak to a civil plaintiff attorney that specializes in medical Malpractice. Some of the bigger firms have lawyers on staff who are also medical professionals. Using you to request medical records on behalf of your wife they should be able to assess whether their is a viable case to... View More

1 Answer | Asked in Wrongful Death for New Jersey on
Q: hi i have a question my sister was in the hospital in september because she had a mass in her stomach and they operated
Tim Akpinar
Tim Akpinar
answered on Apr 4, 2024

I'm sorry your question remains open for two weeks. It's possible part of the question may have gotten left off when uploading. If you want, you could try reposting the question. If you prefer to discuss the matter in confidence in lieu of on a public forum, another option could be to... View More

1 Answer | Asked in Wrongful Death and Criminal Law for New Jersey on
Q: Can you get immunity after lies under oath?Murder charge was dropped to 2nd degree robbery?

Even if procecutor or judge says you will do time if you lied?

Charles William Michaels
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Charles William Michaels
answered on Aug 31, 2022

I can't answer this question; this is not a question about any aspect of an appeal.

2 Answers | Asked in Wrongful Death for New Jersey on
Q: What is the tort form I need to fill out in wrongful death of spouse with in 90 days
Gerald D. Siegel
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answered on Jul 3, 2022

Any potential claim against a governmental entity and/or its employees, such as a town, county, the state, a police department, a board of education and many others requires that a Notice of Claim be filed with the proper agent for the receipt of the said notice, within 90 days of the event.... View More

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1 Answer | Asked in Wrongful Death for New Jersey on
Q: Is a widowed sister-in-law legally entitled to money damages in wrongful death suit of spouse's mother?

I need to confirm if my sister-in-law is eligible to be a co-plaintiff in a wrongful death suit with me and my two siblings. Our mother tragically passed away in June 2020 after three weeks at a healthcare facility. Our mother had four children, but lost a son in 2018, so we are three remaining... View More

Gerald D. Siegel
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answered on Apr 23, 2022

No.

2 Answers | Asked in Legal Malpractice, Medical Malpractice and Wrongful Death for New Jersey on
Q: Possible medical negligence or malpractice?

I need advice.. My Father passed away on February 1. He had health conditions but his death was unexpected. Mid-January he had a nephrostomy done. The hospital refused him anesthesia for it because a COVID test was not done then gave him a fentanyl drip instead. I think the effects from this is... View More

Tim Akpinar
Tim Akpinar
answered on Feb 27, 2022

I'm very sorry for the loss of your father. For your question as to whether to pursue, that's a personal decision and it could additionally hinge on whether a law firm identifies the basis for a medical malpractice claim - that generally involves the input of an opinion from a medical... View More

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1 Answer | Asked in Wrongful Death for New Jersey on
Q: My father died 2018 , he was in ICU for pneumonia, they fetanyaled my father unconscious. No doctor on the floor untrai

Untrained nurse who did not know how to work the machine my father was hooked up too. And no doctor working that floor on Sunday and my father's heart stopped so they say. They had a meeting after he passed probably to figure out what to say . My mom didn't want to pursue she was too hurt... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2021

As you know the statute of limitations for wrongful death is two years. Chances are she won't get the medical records in time. Without looking at the medical records, it is unlikely an attorney will take the case, However for your own knowledge I suggest you call an attorney who handles such... View More

1 Answer | Asked in Elder Law, Nursing Home Abuse and Wrongful Death for New Jersey on
Q: My mother was in a nursing home, sent to the hospital with UTI, kidney stones and malnutrition

She had surgery and was sent back to the nursing home, stable but with a PICC line for 6 weeks of antibiotics. She developed a med allergy at the nursing home and the doctor discontinued the antibiotics after 1 week. He did not do bloodwork or give her another antibiotic. She died 3 weeks later of... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 5, 2020

Yes it sounds like you have a good law suit, but of course more information would need to be known to determine how good. I suggest you setup an appointment to meet with an experienced lawyer and bring with you all the medical records you have.

1 Answer | Asked in Wrongful Death for New Jersey on
Q: My 19 year old died im filing a wrongful death case will the absent parent get money when they did nothing for the child

the other parent did nothing for our child. had court orded visitations and didn't show up. Didn't pay child support so I dropped it cause they had other kids an I didn't want her to go to jail. My son died an I might have a wrongfull death lawsuit. will she get half they money even... View More

Gerald D. Siegel
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answered on Oct 30, 2020

I am sorry to hear of your son's passing.

If he died without having made a Will (most 19 year-olds do not have a Will), then any settlement will be distributed in the way prescribed under the NJ Intestacy Statute. Under that statute, the money first goes to the parents. The takeaway...
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1 Answer | Asked in Wrongful Death for New Jersey on
Q: I had full custody and the other parent wasn't in my kid life. will they get money.
Gerald D. Siegel
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answered on Oct 30, 2020

Hi there, I would need a lot more information before answering this question.

1 Answer | Asked in Insurance Bad Faith and Wrongful Death for New Jersey on
Q: My mother past away from Covid in New Jersey. Is her death considered accidental as far as life insurance is concerned?

We're almost certain she contracted Covid in the hospital while being treated for complications from lung cancer

Gerald D. Siegel
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answered on Jun 6, 2020

If its traditional term, universal or whole life, Covid19 should not make a difference.

1 Answer | Asked in Wrongful Death for New Jersey on
Q: Person lived in another country they were visiting and was struck and killed by a car.

Person had no property in USA, left no Will and his wife did an Affidavit of Spouse in India, How we she apply for an Ad Prosequendum?

Grant Gerleman
Grant Gerleman
answered on Jan 1, 2020

The wife, children, and parents of the deceased do not have to be citizens of the United States to file civil wrongful claims in the United States. As long as they can provide documentation proving their relationship to the deceased if it is challenged, they can bring claims against any insurance... View More

1 Answer | Asked in Estate Planning and Wrongful Death for New Jersey on
Q: May a rightful heir to an estate claim assets which the executor abandons?

The assets in question are the proceeds from a malpractice lawsuit filed on behalf of the decedent which the executor declined to file, despite likelihood of winning the suit.

Peter N. Munsing
Peter N. Munsing
answered on Jul 25, 2018

If you mean can the heir file the claim, yes if within the immediate family. Why not contact a member of the NJ Assn for Justice who handles malpractice--they give free consultations. If you need the names of some, feel free to call me.

1 Answer | Asked in Criminal Law, Products Liability and Wrongful Death for New Jersey on
Q: does a mother or a child of a gun victim has a legal recourse?
H. Scott Aalsberg
H. Scott Aalsberg
answered on Feb 14, 2018

The easiest recourse is against the person who used the gun, but generally they don't have any money to pay you. That being said you don't know until you try and other parties may have also been responsible.

1 Answer | Asked in Foreclosure and Wrongful Death for New Jersey on
Q: I want to get justice for someone killing my step-dad and need a lawyer but i have no money. i need help
Peter N. Munsing
Peter N. Munsing
answered on Feb 2, 2018

Contact a member of the NJ Assn for Justice. Understand if it was a murder, chances are it will not make sense to sue the person that did it, unless someone else is involved, because there will be no money to get at the end from which to pay the lawyer--people that murder usually don't have... View More

1 Answer | Asked in Wrongful Death for New Jersey on
Q: I received ss disability at 60 now 69. Have a wrongful death lawsuit against nursing my mom was in. If I win any money

Do I have to pay 111,000 Medicaid paid for her in nursing home I am her daughter

Peter N. Munsing
Peter N. Munsing
answered on Jan 18, 2018

you don't--if there is a claim, which there may not be, it would be part of the case settlement.

2 Answers | Asked in Wrongful Death for New Jersey on
Q: My mom died in nursing home negligent death. I am suing, but was told I would have to pay back Medicaid for her I am 69

Was getting full disability at 60 yrs old was told if on disability I won’t have to pay Medicaid back for her time in nursing home is that true

H. Scott Aalsberg
H. Scott Aalsberg
answered on Jan 17, 2018

Best to ask your lawyer who is handeling your case as that lawyer will know your exact situation.

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1 Answer | Asked in Wrongful Death for New Jersey on
Q: My son was shot and killed on th street of Paterson Nj can I bring a wrongful death suit against anyone he was 37
Peter N. Munsing
Peter N. Munsing
answered on Jan 15, 2018

Your feelings of a world upside down are natural. Unfortunately you can only sue someone if a) they can be identified and b) there is a reason to believe you will ever see anything out of it.

At this time cooperate with the police. If they can find someone, then at that point you can...
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1 Answer | Asked in Car Accidents and Wrongful Death for New Jersey on
Q: Am I entitled to money recovered under a wrongful death claim?

My father died in a car crash in NJ. The estate lawyer already received the money from the wrongful death claim he filed. I am a child from my father's previous marriage, I am 30. He was remarried and there is another child from that marriage. Am I entitled to a portion of the assets recovered... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 12, 2018

Yes and you should be listed as a beneficiary or potential heir with the estate.

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