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New York Wrongful Death Questions & Answers
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... 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...
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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.

2 Answers | Asked in Wrongful Death for New York on
Q: Is it ever possible to file a wrongful death suit against the government if the police were responsible for my spouse's

death (who himself wasn't at fault)? What are the differences between suing the government and a private party for wrongful death?

Peter N. Munsing
Peter N. Munsing answered on Jan 20, 2017

Yes but there are time limits. You need to immediately contact a member of the NY State Trial Lawyers Assn who handles police misconduct cases--they give free consultations. The differences are that the government is responsible onlky in certain situations, and there are other restrictions. If you... Read more »

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1 Answer | Asked in Wrongful Death for New York on
Q: If my ex-husband's family was successful in winning a wrongful death case and received funds from it, can I sue his

estate for child support he never paid when he was still alive?

Peter N. Munsing
Peter N. Munsing answered on Dec 19, 2016

You should put in a claim with the estate if the amount was still due and owing at the time of his demise.

1 Answer | Asked in Wrongful Death for New York on
Q: Are there limitations to who can file a wrongful death claim? Do you have to be related to the person who died?
Peter N. Munsing
Peter N. Munsing answered on Nov 23, 2016

Yes you do. Only if those who have first claim to be administrator of the estate give up their claim to the non family member can that person be administrator. However, the non-family member has no claim of their own, no matter how close, loving, caring they may have been to the deceased.

1 Answer | Asked in Wrongful Death and Small Claims for New York on
Q: Can I seek interest, emotional damages, filing fees along with money owed to me in small claims court, NYS?

I have copy of check that indicates on check borrowed money to be paid back in a couple of days, have his signature of cashing the check for $990.00. Can I sue interest for not paying since this check was cashed in 2012, along with filing fees and emotional damages? Suing him in the town he... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 4, 2016

You may sue him I believe statute of limitations in NY is 6 years. But don't wait any longer--do it now. You need to sue him where the payment was made, or where he lives now.

1 Answer | Asked in Wrongful Death for New York on
Q: My mother died after surgery four years ago.

We rushed her to the ER and after she passed, the ER doc said we should do an autopsy - but she was cremated before we could do anything about it. Do we have a case here? The ER doc seemed to think something wasn't right.

Peter N. Munsing
Peter N. Munsing answered on Oct 30, 2016

without more, unlikely but bigger than that is a statute of limitations. For your own peace of mind get a consult from a member of the NY State Trial Lawyers Assn--they give free consults.

2 Answers | Asked in Personal Injury and Wrongful Death for New York on
Q: settlements

Is there a resource to search for settlements in wrongful death that had no antecedent case.

Peter N. Munsing
Peter N. Munsing answered on Jul 18, 2016

There are jury verdict reviews but each case has its unique facts and it's not something you can say "well these people got this so we should get that." You do have, I assume, a lawyer who is a member of the NY State Trial Lawyers association and you should ask them.Generally, the... Read more »

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1 Answer | Asked in Consumer Law, Contracts and Wrongful Death for New York on
Q: I found a place to give me a 75k loan at 7% interest but i want to know how i can find out if its a scam.or not

All othwr banks say nope and these guys say yes juat dont want to get in trouble or jepordize me and my families life

Peter N. Munsing
Peter N. Munsing answered on Jul 5, 2016

If the loan is in regard to a death case chances are there are hidden interest charges so they get more than they loan by a large chunk. I advise clients against this. Presumably you have a lawyer--ask them.

1 Answer | Asked in Wrongful Death for New York on
Q: How long is the status of limitations on law sues of wrongful death?
Peter N. Munsing
Peter N. Munsing answered on Jun 25, 2016

I believe it's two years. If you have questions I suggest you contact a member of the NY State Trial Lawyers Assn--they give free consultations.

1 Answer | Asked in Car Accidents and Wrongful Death for New York on
Q: What is the status of limitations on wrongful deaths in a car accidents?
Peter N. Munsing
Peter N. Munsing answered on Jun 22, 2016

Two years, I believe. You should contact a member of the NY State Trial Lawyers Assn. They give free consultations.

Do this as soon as possible as car crashes may also involve issues of "crashworthiness." If you need the names of some lawyers let me know.

1 Answer | Asked in Wrongful Death for New York on
Q: What is the statue of limitationsfor filing a law suit in New York Civil suit after a conviction of 2nd degree murde
Adam Studnicki
Adam Studnicki answered on Feb 6, 2016

Statutes of limitations are fact-specific. Talk to a local lawyer ASAP.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is...
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1 Answer | Asked in Wrongful Death for New York on
Q: My grandfather died in Yonkers, New York on October 24, 1993. I believe that my sister allow him to die before his time

He choke to death on his own vomit, and she was his care giver. She was aware of it, and she just let it happen when she could of taken action. A witness to this event has inform me of this, but was fearful since she was threaten at the time to speak about it until recently. Can I take any legal... Read more »

Adam Studnicki
Adam Studnicki answered on Nov 16, 2015

There are deadlines for making legal claims, but you can talk to a lawyer ASAP to see if you can still sue.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for...
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1 Answer | Asked in Wrongful Death for New York on
Q: My daugher passed January 2012 from a CHD. If I don't hear about a medication issues after the 2 years can i do anything

I took zofran while pregnant a lot. I didn't hear about the major defects until this past summer. I did the research on the medication and I think it caused my daughter's heart defect. Can I do anything if the medication alerts came after the 2 years?

Edward Anthony Ruffo
Edward Anthony Ruffo answered on May 27, 2015

Products liability claims general have a three year statute so consult an attorney who handles Zofran claims ASAP

1 Answer | Asked in Wrongful Death for New York on
Q: what is the statute of limiations of wrongful death in prison... father committed suicide while on suicide watch.
Edward Anthony Ruffo
Edward Anthony Ruffo answered on May 27, 2015

Claims against the State generally have a 2 yr Statute of Limitations but there is a requirement that a Notice of Intention be filed sooner. consult an attorney for guidance

1 Answer | Asked in Wrongful Death for New York on
Q: Can a child of the deceased file a separate lawsuit from the deceased's spouse?

My father was killed 4 weeks in a house fire. There were multiple violations on the home & there also were no smoke detectors so I would like to sue the landlord for negligence, however, my mother was married to my father at the time of his death and she has already filed a lawsuit. As his... Read more »

John M DeProspo
John M DeProspo answered on May 3, 2015

Only one lawsuit can be filed on behalf of the estate. As you are a distributee under New York's estate laws, you should recover a share of any settlement proceeds according to the laws of intestacy. You should contact the lawyer your mother retained to discuss this further.

1 Answer | Asked in Wrongful Death for New York on
Q: My sons father died in a car accident his family filed a wrongful death suit on his behalf , how long does it take?

What legal entity can he call

John M DeProspo
John M DeProspo answered on Apr 30, 2015

That would be hard to say. If there is a lawyer involved, he or she would be the best lawyer to answer any questions about the lawsuit.

1 Answer | Asked in Wrongful Death for New York on
Q: What are the elements of damage in a New York wrongful death case?
Mark A. Siesel
Mark A. Siesel answered on Jul 27, 2011

In a wrongful death case in New York, the family members of the deceased can sue for pecuniary loss, or the loss of the financial contributions that the deceased was contributing by way of salary, pension, future earnings potential and benefits. Additionally, there can be a claim for loss of... Read more »

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