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.
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 »
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 are... Read more »
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
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
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 »
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.
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 »
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.
sue for wrongful death?
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 »
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 »
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 »
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?
Possibly. Contact a member of the NY State Trial Lawyers Assn in your county. They give free consults.
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 company--which has... Read more »
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?
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.
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
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.
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.
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?
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?
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?
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 »
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