New York Wrongful Death Questions & Answers
Q: How do I pursue a lawsuit against a doctor for a medical doctor for negligence? The incident happened about a year ago.
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 »
Q: My son got hit by a car he’s brain-dead what do I do how do
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
Q: How do you get records that are sealed open & is it possible to file a suit against the NYPD & the city w/ a 25 y/o case
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.
Q: What case law exists awarding for emotional damages associated with having to opt for direct cremation over burial?
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.
Q: If the state decides to prosecute a drunk driver for a criminal offense, does that mean the victim's family can't also
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.
Q: Can someone that is not the next of kin create a trust and have the person with dementia and dying sign trust
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.
Q: can something be done about stopping criminals from evicting me from my house I am also disabled is this fair ?
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.
Q: Wrongful Death-Negligence
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?
Q: Can we sue our son's Doctor for getting him addicted to pain medication which lead to his death?
Possibly. Contact a member of the NY State Trial Lawyers Assn in your county. They give free consults.
Q: Can I prevent a sibling from filing a wrongful death lawsuit on behalf of our mother?
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 »
Q: Can a parent bring a wrongful death lawsuit on behalf of a child killed in an accident?
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.
Q: Wrongful death question
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.
Q: How realistic is it for survivors to receive damages for emotional distress? How is it quantified?
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.
Q: in georgia, can a parent recover for loss of consortium of an adult child in a wrongful death action?
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.
Q: Can a video of a attack be found in a area that happened a year ago through DVR
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.
Q: What are the most common reasons for why plaintiffs lose wrongful death lawsuits?
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 »
Q: Is it possible to file a wrongful death claim if my aunt who has dementia was transferred from her nursing home to a
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.
Q: The state decided to pursue a manslaughter charge against the person who was driving trunk and killed my brother. Can
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."
Q: My mom died of a rare cancer and was exposed to known carcinogenic chemicals at her work before her death
- 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 »
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.
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 »
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