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New York Wrongful Death Questions & Answers
1 Answer | Asked in Criminal Law and Wrongful Death for New York on
Q: My son was killed in 2009, the case was sealed, is there any way to get depositions unsealed. thank you C. Houseknecht
Arslan Abid
Arslan Abid answered on Sep 18, 2019

Depositions can be taken out with the leave of the court with condition that the depositions will be brought before the court when ever needed by the court, if the case has not been disposed off. You must contact a local lawyer who will draft its application and will proceed.

1 Answer | Asked in Medical Malpractice and Wrongful Death for New York on
Q: How do I pursue a lawsuit against a doctor for a medical doctor for negligence? The incident happened about a year ago.

My daughter was diagnosed with Hypoplastic Left Heart Syndrome. She had surgery 1 day and a half later. After surgery her 02 decreased and she was put on ECMO for about a week. They decided to take her off ECMO and see if they would clean her chest. The doctors told me they would bring her back up... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 13, 2019

I'm very sorry for your loss. In answering your initial question, you pursue a lawsuit by demonstrating breach of a requisite duty of care on the part of the medical professional/facility. That's really a very simplified description of the concept, and this is a very complex case. If you are... Read more »

3 Answers | Asked in Personal Injury and Wrongful Death for New York on
Q: My son got hit by a car he’s brain-dead what do I do how do

Is the first time in this kind of situation what do I do do I should as the driver who hit my son or the other Driver that hit him the second time

Jonathan Bradford Ripps
Jonathan Bradford Ripps answered on Feb 21, 2019

Hello – I am terribly sorry for your situation. You should contact an attorney immediately in order to discuss causes of action. We are available if you would like to speak further.

Jon Ripps

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1 Answer | Asked in Criminal Law, Personal Injury and Wrongful Death for New York on
Q: How do you get records that are sealed open & is it possible to file a suit against the NYPD & the city w/ a 25 y/o case

My mother was shot multiple times and killed by an off duty police officer (dirty copy) who was high on cocaine and in possession of it in 1993. The gun used and serial # are missing from the arrest report and his records were immediately sealed. He was sentenced to 25 years to life and is up for... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 4, 2019

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.

2 Answers | Asked in Personal Injury, Medical Malpractice and Wrongful Death for New York on
Q: What case law exists awarding for emotional damages associated with having to opt for direct cremation over burial?

I recall coming across case law in either a wrongful death case or medical malpractice case where the plaintiff(s) were awarded for emotional distress resultant from having to choose direct cremation of their loved one instead of burial (their preferred method of disposition).

Thank you... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 4, 2019

I think that would be a difficult case to prove. Suggest you contact a member of the NY State Trial Lawyers Assn--they give free consults.

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2 Answers | Asked in Wrongful Death for New York on
Q: If the state decides to prosecute a drunk driver for a criminal offense, does that mean the victim's family can't also

sue for wrongful death?

Peter N. Munsing
Peter N. Munsing answered on Dec 14, 2018

No the family can certainly sue for wrongful death. If you need the names of attorneys in your area let me know.

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1 Answer | Asked in Estate Planning and Wrongful Death for New York on
Q: Can someone that is not the next of kin create a trust and have the person with dementia and dying sign trust

An elderly lady that had dementia had recently died. Her spouse died approximately 10 years earlier. The next of kin is her first cousin.

A niece of the deceased husband that is not a blood relative has some how made herself a trustee on the elderly lady’s property 2 months before she... Read more »

Michael David Siegel
Michael David Siegel answered on Nov 24, 2018

If the decedent was not competent to make the trust, a court proceeding can invalidate it.

2 Answers | Asked in Civil Rights, Federal Crimes, Personal Injury and Wrongful Death for New York on
Q: can something be done about stopping criminals from evicting me from my house I am also disabled is this fair ?

This is about a real estate fraud case ,where a person who had 2 lawsuits against them 1 for fraud sold a building that was not solely theirs to a developer corp,who then used their attorneys to help the person who commited fraud to force a win that ended up hurting the victim of multiple crimes... Read more »

Derek John Soltis
Derek John Soltis answered on Oct 24, 2018

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.

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

My brother had severe mental health, he would self medicate with alcohol. He received mental health disability. Doctor prescribe him valium and trazadone, knowing he was alcoholic. No drugs to help him with his thoughts. He drank and abused the valium. He had court case pending and constant issues... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2018

I don't see it. Difficult to show as he was already compromised. The state has no duty to get people mental health treatment. But why not ask an attorney in New York?

1 Answer | Asked in Wrongful Death for New York on
Q: Can we sue our son's Doctor for getting him addicted to pain medication which lead to his death?
Peter N. Munsing
Peter N. Munsing answered on Aug 21, 2018

Possibly. Contact a member of the NY State Trial Lawyers Assn in your county. They give free consults.

1 Answer | Asked in Wrongful Death for New York on
Q: Can I prevent a sibling from filing a wrongful death lawsuit on behalf of our mother?
Peter N. Munsing
Peter N. Munsing answered on Jun 29, 2018

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... Read more »

1 Answer | Asked in Wrongful Death for New York on
Q: Can a parent bring a wrongful death lawsuit on behalf of a child killed in an accident?
Peter N. Munsing
Peter N. Munsing answered on May 22, 2018

Generally any of the next of kin can. If you have a question consult a member of the NY State Trial Lawyers Assn that handles the type of event that befell you.

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

If I filed a wrongful death, is a deposition required of me? And if I'm unable to make the deposition, can they legally drop my lawsuit?

Peter N. Munsing
Peter N. Munsing answered on May 4, 2018

Depends who you are in relation to the case. If your deposition is noticed and you refuse to attend yes, they can get the case dismissed.

1 Answer | Asked in Wrongful Death for New York on
Q: How realistic is it for survivors to receive damages for emotional distress? How is it quantified?
Peter N. Munsing
Peter N. Munsing answered on Apr 16, 2018

Depends on who they are. If they witnessed, if they are immediate family, possibly. Contact a member of the NYState Trial Lawyers Assn if you don't have an attorney.

1 Answer | Asked in Wrongful Death for New York on
Q: in georgia, can a parent recover for loss of consortium of an adult child in a wrongful death action?

Or would recovery be allowed only if the adult child was contributing to the support of the parent

Peter N. Munsing
Peter N. Munsing answered on Mar 26, 2018

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.

1 Answer | Asked in Wrongful Death and Communications Law for New York on
Q: Can a video of a attack be found in a area that happened a year ago through DVR
Peter N. Munsing
Peter N. Munsing answered on Mar 26, 2018

Depends if there was a camera there.However because of the amount of storage space video takes, Usually the video is removed after 36-50 hours.

2 Answers | Asked in Wrongful Death for New York on
Q: What are the most common reasons for why plaintiffs lose wrongful death lawsuits?
Robert D. Kreisman
Robert D. Kreisman answered on Mar 18, 2018

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... Read more »

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1 Answer | Asked in Wrongful Death for New York on
Q: Is it possible to file a wrongful death claim if my aunt who has dementia was transferred from her nursing home to a

hospital and the hospital failed to properly supervise her, which led to her death?

Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2018

Her next of kin if any can contact a member of the NYState Trial Lawyers Assn that handles nursing home care issues.They give free consults.

1 Answer | Asked in Wrongful Death for New York on
Q: The state decided to pursue a manslaughter charge against the person who was driving trunk and killed my brother. Can

his family also file a wrongful death claim, or do we have to wait for the results of the criminal proceeding?

Peter N. Munsing
Peter N. Munsing answered on Feb 2, 2018

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."

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 »

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