New York Wrongful Death Questions & Answers

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

1 Answer | Asked in Criminal Law, Personal Injury and Wrongful Death for New York on
Answered on Feb 4, 2019
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.

Q: What case law exists awarding for emotional damages associated with having to opt for direct cremation over burial?

1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for New York on
Answered on Feb 4, 2019
Peter N. Munsing's answer
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.

Q: If the state decides to prosecute a drunk driver for a criminal offense, does that mean the victim's family can't also

2 Answers | Asked in Wrongful Death for New York on
Answered on Dec 14, 2018
Peter N. Munsing's answer
No the family can certainly sue for wrongful death. If you need the names of attorneys in your area let me know.

Q: Can someone that is not the next of kin create a trust and have the person with dementia and dying sign trust

1 Answer | Asked in Estate Planning and Wrongful Death for New York on
Answered on Nov 24, 2018
Michael David Siegel's answer
If the decedent was not competent to make the trust, a court proceeding can invalidate it.

Q: can something be done about stopping criminals from evicting me from my house I am also disabled is this fair ?

2 Answers | Asked in Civil Rights, Federal Crimes, Personal Injury and Wrongful Death for New York on
Answered on Oct 24, 2018
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.

Q: Wrongful Death-Negligence

1 Answer | Asked in Wrongful Death for New York on
Answered on Sep 11, 2018
Peter N. Munsing's answer
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?

Q: Can we sue our son's Doctor for getting him addicted to pain medication which lead to his death?

1 Answer | Asked in Wrongful Death for New York on
Answered on Aug 21, 2018
Peter N. Munsing's answer
Possibly. Contact a member of the NY State Trial Lawyers Assn in your county. They give free consults.

Q: Can I prevent a sibling from filing a wrongful death lawsuit on behalf of our mother?

1 Answer | Asked in Wrongful Death for New York on
Answered on Jun 29, 2018
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?

Q: Can a parent bring a wrongful death lawsuit on behalf of a child killed in an accident?

1 Answer | Asked in Wrongful Death for New York on
Answered on May 22, 2018
Peter N. Munsing's answer
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.

Q: Wrongful death question

1 Answer | Asked in Wrongful Death for New York on
Answered on May 4, 2018
Peter N. Munsing's answer
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.

Q: How realistic is it for survivors to receive damages for emotional distress? How is it quantified?

1 Answer | Asked in Wrongful Death for New York on
Answered on Apr 16, 2018
Peter N. Munsing's answer
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.

Q: in georgia, can a parent recover for loss of consortium of an adult child in a wrongful death action?

1 Answer | Asked in Wrongful Death for New York on
Answered on Mar 26, 2018
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.

Q: Can a video of a attack be found in a area that happened a year ago through DVR

1 Answer | Asked in Wrongful Death and Communications Law for New York on
Answered on Mar 26, 2018
Peter N. Munsing's answer
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.

Q: What are the most common reasons for why plaintiffs lose wrongful death lawsuits?

2 Answers | Asked in Wrongful Death for New York on
Answered on Mar 18, 2018
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.

Q: Is it possible to file a wrongful death claim if my aunt who has dementia was transferred from her nursing home to a

1 Answer | Asked in Wrongful Death for New York on
Answered on Feb 26, 2018
Peter N. Munsing's answer
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.

Q: The state decided to pursue a manslaughter charge against the person who was driving trunk and killed my brother. Can

1 Answer | Asked in Wrongful Death for New York on
Answered on Feb 2, 2018
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."

Q: My mom died of a rare cancer and was exposed to known carcinogenic chemicals at her work before her death

1 Answer | Asked in Wrongful Death for New York on
Answered on Jan 23, 2018
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...

Q: How do i get my son's hospital records? He was 27 years old. He went in on a Friday and died on Sunday of sepsis.

1 Answer | Asked in Medical Malpractice and Wrongful Death for New York on
Answered on Jan 14, 2018
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

website. I'm very sorry for your loss.

Q: What is the "discovery rule" and how is it applied to wrongful death suits?

1 Answer | Asked in Wrongful Death for New York on
Answered on Jan 12, 2018
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.

Q: Who can file a loss of consortium claim? Does it have to be a legal spouse or can it be a long-term partner of the

1 Answer | Asked in Wrongful Death for New York on
Answered on Dec 7, 2017
Peter N. Munsing's answer
In most states only the spouse. Consult a member of the NY State Trial Lawyers Assn--they give free consults.

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