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New Jersey Wrongful Death Questions & Answers
1 Answer | Asked in Employment Law, Personal Injury and Wrongful Death for New Jersey on
Q: my wife contracted lung cancer after 15 yaers working in the operating room

in 2023 NJ passed surgical smoke laws...surgial smoke is toxic

H. Scott Aalsberg
H. Scott Aalsberg
answered on Aug 31, 2024

Yes Surgical smoke is toxic and you wife's estate may have a case, but a doctor would have to tie that surgical smoke to her cause of cancer and not another cause such as smoking two packs of cigarettes a day if you get what I am saying. Definately speak with a lawyer ASAP.

1 Answer | Asked in Civil Litigation, Personal Injury and Wrongful Death for New Jersey on
Q: my wife contracted lung cancer after 15 yaers working in the operating room

in 2023 NJ passed surgical smoke laws...surgial smoke is toxic

Tim Akpinar
Tim Akpinar
answered on Aug 12, 2024

I'm sorry about your wife's diagnosis. Although this issue is recognized by the CDC and other health agencies, there are probably not many law firms that practice in the field. There are firms handling respiratory lawsuits involving lung cancer, asbestosis, mesothelioma - but those firms... View More

1 Answer | Asked in Personal Injury and Wrongful Death for New Jersey on
Q: my wife conracrted lung and bone cnacer after living near a chemical plant and toxic landfill

Reich farm and Ciba Geigy 1982-1990

Tim Akpinar
Tim Akpinar
answered on Aug 7, 2024

I'm very sorry for your wife's illness. A starting point here could be to reach out to law firms that handle toxic tort (exposure to harmful substances) cases or environmental cases. Try to arrange a free initial consult, which is usually a courtesy in injury/illness cases. Firms that... View More

2 Answers | Asked in Car Accidents, Probate and Wrongful Death for New Jersey on
Q: my son‘s father was killed by a drunk driver . The other passenger in the car that survived is now suing my son’s estate

my son’s father died by getting hit by a drunk driver. he was driving. Uber at the time. One of the passengers died as well and One survived. The one that survived is now filing a wrongful death lawsuit against my son’s estate. He’s cleaning all these claims that he told my son‘s father to... View More

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2024

I'm very sorry for the loss of your son's father. Like you say, it could be a matter of grabbing at straws for lack of other viable sources of compensation. You mention having a lawyer - it isn't clear from the description if this is a probate lawyer for the estate or a... View More

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1 Answer | Asked in Wrongful Death and Civil Rights for New Jersey on
Q: How long does it take to receive settlement? How do I know if my lawyer was paid and I was not?

Had mediation in Jan and agreed to settlement. I have not heard from my lawyer since unless I reach out to them. I asked for feedback to where we stood with receiving payment since I had not signed one document. He then sent me documents to sign and still no feedback or payment. Seems odd that... View More

Tim Akpinar
Tim Akpinar
answered on May 4, 2024

It's difficult to say what might be causing delays without see your file. But a common reason for delays in getting paid in a case is liens, usually medical liens. This could involve a medical office that wants to be reimbursed for services provided in the past without charging for them at the... View More

1 Answer | Asked in Criminal Law, Personal Injury, Medical Malpractice and Wrongful Death for New Jersey on
Q: wife was given 50mg fentynol and 200 mg morphine, went into coma and dieddoctors did not agree on dosage.....

25/100mg would have been more than enough for pain...intentional overdose

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2024

I'm very sorry for the loss of your wife. Based on the brief post, it seems likely you are wondering about your legal rights. You could try to set up a consult with med mal/wrongful death law firms to discuss further. Most firms that handle such cases offer free initial consults. In addition... View More

1 Answer | Asked in Criminal Law, Personal Injury, Wrongful Death and Medical Malpractice for New Jersey on
Q: doctors and nurses overdosed my wife with 50mg fentynol and 200 mg morphine...result coma and death..death cert says

death cert says natural causues..not true..some doctors agreed with me ...overdose

Louis A Casadia
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answered on Apr 19, 2024

You should speak to a civil plaintiff attorney that specializes in medical Malpractice. Some of the bigger firms have lawyers on staff who are also medical professionals. Using you to request medical records on behalf of your wife they should be able to assess whether their is a viable case to... View More

1 Answer | Asked in Employment Law and Wrongful Death for New Jersey on
Q: Employer only gave me 5 days to sign NdA severance agreement I need extension my lawyer is mid trial. Is there any case

Is there any case law? I’m in New York. The nda says it is construed in Georgia

Leonard R. Boyer
Leonard R. Boyer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2024

You are represented by counsel, so your attorney has to handle this matter for you, or whoever in his firm is covering for him. Good luck.

1 Answer | Asked in Wrongful Death for New Jersey on
Q: About ownership father property how to get half of the property or money
Tim Akpinar
Tim Akpinar
answered on Nov 5, 2024

I'm sorry for your family's loss. I'm sorry that your question may have been overlooked in the "Wrongful Death" category. Attorneys in the "Probate," "Estate Planning," and "Real Estate" categories would know more about the issues you ask... View More

1 Answer | Asked in Wrongful Death for New Jersey on
Q: How can I get half of my father's property cause of his death and the property is half my father's and half my uncle
Tim Akpinar
Tim Akpinar
answered on Oct 26, 2024

I'm sorry for the loss of your father. I think your question may have been overlooked for two weeks because of the category selected. Some questions remain unanswered, but you could try reposting and adding "Probate," "Estate Planning," and "Real Estate" as... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Wrongful Death for New Jersey on
Q: are cases pending on surgical smike harming health care workers?

lasers and other devices are used to cut ans fyuse bone and tissue

Tim Akpinar
Tim Akpinar
answered on Aug 3, 2024

The best way to find out could be to search online whether law firms are holding themselves out for such cases. The hazards of surgical smoke are recognized by the CDC - evidenced by a few states implementing smoke evacuation policies. Bar associations or trial lawyer associations might also be... View More

1 Answer | Asked in Wrongful Death for New Jersey on
Q: hi i have a question my sister was in the hospital in september because she had a mass in her stomach and they operated
Tim Akpinar
Tim Akpinar
answered on Apr 4, 2024

I'm sorry your question remains open for two weeks. It's possible part of the question may have gotten left off when uploading. If you want, you could try reposting the question. If you prefer to discuss the matter in confidence in lieu of on a public forum, another option could be to... View More

1 Answer | Asked in Wrongful Death and Personal Injury for New Jersey on
Q: Can I sue hospice worker for overdose of meds
Tim Akpinar
Tim Akpinar
answered on Jun 15, 2023

I'm sorry for your family's ordeal. Such matters generally require thorough review to offer an answer. One option is to reach out to law firms to try to arrange a free initial consult. They would want to know more about the facility, the patient, the medication, how it was administered,... View More

1 Answer | Asked in Wrongful Death and Criminal Law for New Jersey on
Q: Can you get immunity after lies under oath?Murder charge was dropped to 2nd degree robbery?

Even if procecutor or judge says you will do time if you lied?

Charles William Michaels
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Charles William Michaels
answered on Aug 31, 2022

I can't answer this question; this is not a question about any aspect of an appeal.

2 Answers | Asked in Wrongful Death for New Jersey on
Q: What is the tort form I need to fill out in wrongful death of spouse with in 90 days
Gerald D. Siegel
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answered on Jul 3, 2022

Any potential claim against a governmental entity and/or its employees, such as a town, county, the state, a police department, a board of education and many others requires that a Notice of Claim be filed with the proper agent for the receipt of the said notice, within 90 days of the event.... View More

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1 Answer | Asked in Wrongful Death for New Jersey on
Q: Is a widowed sister-in-law legally entitled to money damages in wrongful death suit of spouse's mother?

I need to confirm if my sister-in-law is eligible to be a co-plaintiff in a wrongful death suit with me and my two siblings. Our mother tragically passed away in June 2020 after three weeks at a healthcare facility. Our mother had four children, but lost a son in 2018, so we are three remaining... View More

Gerald D. Siegel
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answered on Apr 23, 2022

No.

2 Answers | Asked in Legal Malpractice, Medical Malpractice and Wrongful Death for New Jersey on
Q: Possible medical negligence or malpractice?

I need advice.. My Father passed away on February 1. He had health conditions but his death was unexpected. Mid-January he had a nephrostomy done. The hospital refused him anesthesia for it because a COVID test was not done then gave him a fentanyl drip instead. I think the effects from this is... View More

Tim Akpinar
Tim Akpinar
answered on Feb 27, 2022

I'm very sorry for the loss of your father. For your question as to whether to pursue, that's a personal decision and it could additionally hinge on whether a law firm identifies the basis for a medical malpractice claim - that generally involves the input of an opinion from a medical... View More

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1 Answer | Asked in Wrongful Death for New Jersey on
Q: My father died 2018 , he was in ICU for pneumonia, they fetanyaled my father unconscious. No doctor on the floor untrai

Untrained nurse who did not know how to work the machine my father was hooked up too. And no doctor working that floor on Sunday and my father's heart stopped so they say. They had a meeting after he passed probably to figure out what to say . My mom didn't want to pursue she was too hurt... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2021

As you know the statute of limitations for wrongful death is two years. Chances are she won't get the medical records in time. Without looking at the medical records, it is unlikely an attorney will take the case, However for your own knowledge I suggest you call an attorney who handles such... View More

1 Answer | Asked in Elder Law, Nursing Home Abuse and Wrongful Death for New Jersey on
Q: My mother was in a nursing home, sent to the hospital with UTI, kidney stones and malnutrition

She had surgery and was sent back to the nursing home, stable but with a PICC line for 6 weeks of antibiotics. She developed a med allergy at the nursing home and the doctor discontinued the antibiotics after 1 week. He did not do bloodwork or give her another antibiotic. She died 3 weeks later of... View More

H. Scott Aalsberg
H. Scott Aalsberg
answered on Nov 5, 2020

Yes it sounds like you have a good law suit, but of course more information would need to be known to determine how good. I suggest you setup an appointment to meet with an experienced lawyer and bring with you all the medical records you have.

1 Answer | Asked in Wrongful Death for New Jersey on
Q: My 19 year old died im filing a wrongful death case will the absent parent get money when they did nothing for the child

the other parent did nothing for our child. had court orded visitations and didn't show up. Didn't pay child support so I dropped it cause they had other kids an I didn't want her to go to jail. My son died an I might have a wrongfull death lawsuit. will she get half they money even... View More

Gerald D. Siegel
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answered on Oct 30, 2020

I am sorry to hear of your son's passing.

If he died without having made a Will (most 19 year-olds do not have a Will), then any settlement will be distributed in the way prescribed under the NJ Intestacy Statute. Under that statute, the money first goes to the parents. The takeaway...
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