sue for wrongful death?
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.
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 »
answered on Nov 24, 2018
If the decedent was not competent to make the trust, a court proceeding can invalidate it.
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 »
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.
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 »
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?
answered on Aug 21, 2018
Possibly. Contact a member of the NY State Trial Lawyers Assn in your county. They give free consults.
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 »
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.
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?
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.
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.
Or would recovery be allowed only if the adult child was contributing to the support of the parent
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.
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.
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 »
hospital and the hospital failed to properly supervise her, which led to her death?
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.
his family also file a wrongful death claim, or do we have to wait for the results of the criminal proceeding?
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."
- we suspect a link. This happened whenI was a minor. Am I able to sue now that I'm over 18?
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 »
We had him there on the Sunday before for extreme pain in his arm. He was a drug addict going into treatment that Monday. They said he was detoxing, gave him something for pain and let him go.
answered on Jan 14, 2018
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... Read more »
answered on Jan 12, 2018
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... Read more »
decedent?
answered on Dec 7, 2017
In most states only the spouse. Consult a member of the NY State Trial Lawyers Assn--they give free consults.
answered on Nov 30, 2017
You are next of kin so contact a member of the NY State Trial Lawyers Assn who handles death cases in the county where the death ocurred--they give free consults.
answered on Nov 30, 2017
Ask your attorney--I assume you /the estate has one. If not, get one.
Generally, no more than 50%
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