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New York Wrongful Death Questions & Answers
1 Answer | Asked in Criminal Law, Civil Litigation, Social Security and Wrongful Death for New York on
Q: Can I sue my brother in law for assaulting me( about 12 years ago plus).

He tried to kill me fractured my Tibia Fibia. He was going for my head he damage my left elbow (as I cover up). He came in defense of his sister my wife. And began battering me with his bat. However, I was charge with domestic violence after I woke up from a coma. When I woke up I was told I was... Read more »

Peter Wade Kolp
Peter Wade Kolp answered on Nov 19, 2020

Short answer is no.

Like many states, New York’s law sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, a general statute of limitations applies based on the category of the crime. The general time limits are:

five years for felony...
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3 Answers | Asked in Criminal Law, Federal Crimes, Immigration Law and Wrongful Death for New York on
Q: Do I lose US citizenship after death?

Hello. I'm wanted in the USA. While I was on bond I managed to get out of the country because I was very scared of consequences(prison). In that foreign country I've bought a fake death certificate and mailed(under different name) it to US court that handles my case(very stupid idea).... Read more »

Victor M. Feraru
Victor M. Feraru answered on Oct 13, 2020

You’re going to want to hire an attorney now to negotiate several things. People make mistakes. Feel free to reach out to me (or any other Justia attorney who handles these matters to help you with your situation. My contact information is in my profile. Don’t just “face the music,”... Read more »

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2 Answers | Asked in Animal / Dog Law, Car Accidents, Small Claims and Wrongful Death for New York on
Q: Does he have to pay the vet bill?

My grandfather accidentally hit someone's dog the other day, and left the scene (which he's already been ticketed for), and the dog didn't make it. The dog's owners tried getting him to pay the vet bill for the services the dog recieved before passing. Does my grandfather have... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 15, 2020

He should speak with his car insurance company. However, I believe that he is liable from what you have said.

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3 Answers | Asked in Wrongful Death for New York on
Q: My father was on a motorcycle waiting at an intersection for a school bus with its stop sign out. He was hit and killed.

The driver was ticketed and charged with following too close, fined and that was the result. does this seem right? He does not get charged with killing someone?

Tim Akpinar
Tim Akpinar answered on Sep 3, 2020

I'm very sorry for the loss of your father. In terms of the charges, that could have been the decision of the the county district attorney. But that does not prevent you and your family from pursuing a wrongful death action. You could contact attorneys to discuss further. Attorneys who handle... Read more »

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1 Answer | Asked in Criminal Law and Wrongful Death for New York on
Q: If I, on my own took a lethal dose of pills and then asked somebody to sit with me until it was over,

...would that person be in any legal trouble in NY or NJ?

Tim Akpinar
Tim Akpinar answered on Jun 25, 2020

Please don't do this. As attorneys, we are not qualified to counsel or advise in situations like this. But it is difficult to sit idle and say nothing when someone speaks of doing this. Please look into resources that are out there. There are hotlines, helplines, and other forms of counseling.... Read more »

2 Answers | Asked in Medical Malpractice and Wrongful Death for New York on
Q: My mom passed away 1.5 yrs ago & I know that something was missed. I have all of her records. No autopsy.

The pathology reports show an infectious disease etiology & I'm not sure the f/up was done for that. Then her kidneys started failing. Food was never mentioned and in Oct. 18 i saw results suggesting CKF. And she had kidney stones in her ureter 3 times? Then a few other things happened... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 5, 2020

I'm very sorry for your loss. You could email your records to attorneys you contact. Don't worry about admissibility at this point. If an attorney identifies the basis for legally actionable claim, they would use HIPAA authorizations to obtain official records anyway. Good luck

Tim Akpinar

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2 Answers | Asked in Personal Injury, Animal / Dog Law, Medical Malpractice and Wrongful Death for New York on
Q: Is there any attorney in New York willing to take a veterinarian malpractice case?

Our dog died a sudden, senseless, and tragic death at the hands of a negligent veterinarian. We are aware that the veterinarian violated standards of case for several reasons. We have a necropsy report, toxicology report, and an expert witness veterinarian opinion letter. This not about money - it... Read more »

James Avery
James Avery answered on Apr 20, 2020

I’m cautious whenever people say its “not about money” because the reality is that an attorney’s time is their stock in trade, and time is money. There is small claims court for folks with initiative but without money, and if you get the Judgment it vindicates you!! But if you want a... Read more »

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2 Answers | Asked in Medical Malpractice, Personal Injury and Wrongful Death for New York on
Q: My father died a year ago supposedly from an enlarged heart but he had been to military hospital for check ups for a

Recent spine surgery he lived in Michigan this happened in Michigan is this normal the night be for he died he was complaining of a headache

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Mar 1, 2020

This sounds like a medical question not a legal one, additionally this should be posted in the Michigan area not NY.

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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... 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... 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.

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