Peter N. Munsing's answer Time for you to bring a case would have been, with the most liberal ruling, when you turned 21. I don't see any way, but why not contact a member of the NY State Trial Lawyers who handles police misconduct cases.
Derek John Soltis' answer You need to speak with an attorney. Your story is heartbreaking, but without reviewing the legal documents and the court decisions it is impossible to put together a strategy for you.
Peter N. Munsing's answer No. Why would you want to? Let them. You may change your mind. It's brought on behalf of the estate, anyway. If someone else was at fault it's really their insurance that is at issue, and if no claim is made the only person that's happy if you don't file a claim is the insurance company--which has likely docked them for being at fault & jacked up their rates. So why would you want to help an insurance company?
Peter N. Munsing's answer The law of the state where it happened governed. You want to speak with an attorney who handles wrongful death and survival cases , and the attorney should be a member of the state's trial lawyers association.
Robert D. Kreisman's answer When the jury decides that there was no negligence that was a cause of the death, the verdict would be for the defendant. Plaintiffs have the burden of proof, a preponderance of the evidence, or what is more probably true than not true, that the breach of duty was a cause of the damages, the death of the person. If the jury, who are the fact finders in any jury trial, find that the burden of proof wasn't met, the verdict is for the defendant.
Peter N. Munsing's answer You can initiate the claim now.Suggest you contact a member of the NY State Trial Lawyers Assn. They give free consultations. It's also possible there may be a "crashworthiness case."
Gregory Andrews Cade's answer 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 still recover financial compensation on her behalf with the help of a lawyer specializing in toxic exposure cases. After carefully evaluating your situation, they will be able to tell you whether you...
Robert D. Kreisman's answer Being a family member, next of kin, the father of your son, the hospital's records can be retrieved by signing the hospital's release of medical records form; HIPPA release. I usually tell my clients to call the hospital's medical records department to clearly understand its process. Often the procedures for medical records retrieval are explained on the hospital
Peter N. Munsing's answer It's usually used in medical malpractice and product liability cases. It means the statute of limitations may be considered to run on the date when you knew or should have known the medical treatment or drug were improper. If you think there is a case contact a member of the NY State Trial Lawyers Assn--they give free consults.
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