New York law provides that only people with a serious injury can proceed with that case. Serious injury is defined by the state as death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ […]
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A wrongful death claim must be brought by a personal representative of the estate of the decedent. That is one of either two parties; an executor under a will or, where there is no will, an administrator who is appointed by the probate court in New York to represent the estate. In terms of who […]
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Personal injury cases are somewhat unique. My office, and most lawyers in New York State, will sign a client up for a case on what’s called a contingency fee basis. This means that there is no money paid hourly by the client. It is only if there is a successful recovery at the end of […]
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A wrongful death case must be filed within two years of the date of death in New York State This is a shorter time period, compared to other types of cases If you have a lawsuit pending for personal injuries, the wrongful death lawsuit is still timely, even after those two years This short video was […]
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A Wrongful Death Lawsuit has to do with recovery received when someone dies as a result of negligence, from an auto accident, by being injured on a construction site, or as a result of medical malpractice Most Wrongful Death Cases follow up with a claim from the pain and suffering from the time of the injury […]
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In New York State, damages are supposed to be strictly for financial loss New York State does not allow for emotional loss Children can make claims for loss of guidance from the death of a parent Pain and suffering will add up with all of the damages This short informational legal video was provided by Irwin Weinstein, […]
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