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New York Wrongful Death Questions & Answers
1 Answer | Asked in Medical Malpractice and Wrongful Death for New York on
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.

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.

Robert D. Kreisman
Robert D. Kreisman 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 process. Often the... Read more »

1 Answer | Asked in Wrongful Death for New York on
Q: What is the "discovery rule" and how is it applied to wrongful death suits?
Peter N. Munsing
Peter N. Munsing 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 Lawyers... Read more »

1 Answer | Asked in Wrongful Death for New York on
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

decedent?

Peter N. Munsing
Peter N. Munsing 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.

1 Answer | Asked in Wrongful Death for New York on
Q: My daughter died from abused and neglected from the father and his wife under ACS unprofessional job can i sue
Peter N. Munsing
Peter N. Munsing 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.

1 Answer | Asked in Wrongful Death for New York on
Q: In a wrongful death lawsuit if there's a Medicaid lien What percentage are they aloud to take
Peter N. Munsing
Peter N. Munsing answered on Nov 30, 2017

Ask your attorney--I assume you /the estate has one. If not, get one.

Generally, no more than 50%

2 Answers | Asked in Wrongful Death for New York on
Q: How are damages in a wrongful death case divided if there are multiple heirs?
Peter N. Munsing
Peter N. Munsing answered on Nov 15, 2017

Depends on the heirs, are they immediate family.

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1 Answer | Asked in Wrongful Death for New York on
Q: Can my sister file a wrongful death lawsuit based on bad pre-natal care? The fetus died.
Peter N. Munsing
Peter N. Munsing answered on Oct 25, 2017

She needs to contact a member of the NY State Trial Lawyers Assn who handles medical cases. Short answer is yes, if the care was "bellow the standard of medical care" AND it caused the death of the fetus and it can be shown the fetus would have lived otherwise.

1 Answer | Asked in Criminal Law, Civil Rights, Medical Malpractice and Wrongful Death for New York on
Q: Do I have rights if I was the emergency contact of a person who died in jail unexpectedly

He died in nys jail they said he just died before he arrived at the hospital and I wanted to make sure because we wasn't able to get an autopsy because he had a Muslim card from years before when he was incarcerated he never liked pork and they would give different meals if you said u was Muslim He... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 11, 2017

The claim would have to be filed by his next of kin.

1 Answer | Asked in Wrongful Death for New York on
Q: My partner died before we were married - am I able to sue on his behalf for a wrongful death claim?
Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2017

Contact a member of the NY State Trial Lawyers Assn--they give free consults. Most states do not recognize common law "partners," and even states with domestic partnership laws look to see if there was a civil union.

2 Answers | Asked in Wrongful Death for New York on
Q: My pregnant wife was hit while driving and we lost the child - are we able to file a wrongful death claim?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Aug 2, 2017

Yes, potentially. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law... Read more »

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1 Answer | Asked in Criminal Law and Wrongful Death for New York on
Q: If the Da doesn't proved the Motion of Discovery paperwork, what other motions could a lawyer submit to help his client

Which the charge is for Murder 2 w/ intent. But the Da offered a plea of Manlaughter 1. How is that possible? And what more could a laywer do?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jul 8, 2017

Do you have a lawyer? If you don't feel confident in your lawyer, shop around. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors,... Read more »

1 Answer | Asked in Wrongful Death for New York on
Q: Are you required to join a wrongful death lawsuit if someone in your family is bringing one?
Peter N. Munsing
Peter N. Munsing answered on Jun 26, 2017

You'd want to be sure you are listed on the estate, and that the attorney bringing the case knows of you and your contact information. You don't have to be a party to the case however if you have a separate claim you do if you want that claim to be heard.

2 Answers | Asked in Wrongful Death for New York on
Q: Can the parents of an adult child sue for the child's wrongful death?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jun 2, 2017

The estate can sue, and the administrator of the estate would bring the case. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... Read more »

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2 Answers | Asked in Wrongful Death for New York on
Q: How are the proceeds of a wrongful death case divided among the heirs?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 13, 2017

It depends on the will/ trust, otherwise intestacy laws apply. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

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2 Answers | Asked in Wrongful Death for New York on
Q: What do you have to prove to sue for wrongful death?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Apr 21, 2017

See: http://www.nycbar.org/get-legal-help/article/personal-injury-and-accidents/wrongful-death/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,...
Read more »

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1 Answer | Asked in Wrongful Death for New York on
Q: I am wondering what I would need to provide, to start and support a wrongful death suit against a medical institution

I am writing on behalf of victims children. My 51 year old cousin died from obstruction. She was scheduled for prolapse surgery but surgeon cancelled.

Peter N. Munsing
Peter N. Munsing answered on Mar 29, 2017

Kids need an attorney. Medica records too. However usually the hospital wants to see estate papers. Contact a member of the NY State Trial Lawyers Assn--they give free consults.

1 Answer | Asked in Wrongful Death for New York on
Q: Can I contest their claim at this point

Good day police killed my brother 2 years ago n planted weapons on him, now they have sent bk documents stating there aren't enough evidence to take to circuit court so they are just getting away with murder. What can I do at this point? Please need help

Peter N. Munsing
Peter N. Munsing answered on Mar 18, 2017

Generally there's a three year statute for tort cases but wrongful death cases are two years. You want to call up the NY Civil Liberties Union, ask if they have "cooperating attorneys" who handle police misconduct cases, and talk to one of those lawyers (they usually give free consults). If it's... Read more »

1 Answer | Asked in Elder Law, Family Law, Nursing Home Abuse and Wrongful Death for New York on
Q: If a family member passed from E Coli during a nursing home stay and wasnt properly watched over what can you do?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 6, 2017

You may be able to sue the nursing home for negligence and wrongful death. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... Read more »

1 Answer | Asked in Wrongful Death for New York on
Q: If a family member is hurt in an accident with a reckless driver, but later dies because of poor quality medical care,

who is the responsible party?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 18, 2017

It sounds like medical negligence was the proximate cause of death, not the car accident.

See: http://law.justia.com/cases/new-york/other-courts/2007/2007-51922.html, case: Chowes v Aslam, 2007 NY Slip Op 51922(U) [17 Misc 3d 1111(A)] Decided on October 11, 2007 Supreme Court, Kings...
Read more »

1 Answer | Asked in Wrongful Death for New York on
Q: If one sibling of a mothers estate is dedignated as the personal representative bringing forth an action related to pain

And suffering and wronful death are the other 2 siblings entitled to the settlement award?

Peter N. Munsing
Peter N. Munsing answered on Jan 29, 2017

Yes, and the one has to give an accounting. But in most states all siblings can ask to be named co-representatives of the estate. Suggest you cotact a member of the NY State Trial Lawyers Assn if you have concerns about this.

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