Losing a family member as a result of a medical error can be extremely difficult. Each year, there are many cases involving medical mistakes that result in injuries or even death. According to the Centers for Disease Control and Prevention (CDCP), medical error is one of the top five leading causes of death in the United States.… Read the rest
Category: Wrongful Death
Negligent Death of a Motorcyclist May Result in a Wrongful Death Action
With warmer weather approaching, many riders will begin to take out their recently tuned up motorcycles for a test drive. According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are 35 times more likely to be a victim of a deadly accident. While it is hard enough for family members and loved ones to lose someone close to them, … Read the rest
What Is A Wrongful Death Action?
A wrongful death claim arises when someone dies as a result of another person’s negligent act. A representative or agent of a deceased person’s estate may file a lawsuit on behalf of the deceased against the person responsible for the death. Wrongful death actions arise from personal injury claims, automobile accidents, medical malpractice, and construction accidents, among others.… Read the rest
How to Calculate Personal Injury Damages
Personal injury lawsuits are filed in order to hold negligent parties responsible for their actions that led to an injury. By doing this, people are able to obtain damages that cover losses and assist with recovery. There are a number of misunderstandings about damages, however, which is what we’re hear to clear up.
Our team of personal injury lawyers would … Read the rest
New York Statutes of Limitations
When you have been the victim of a civil or criminal incident, it’s of the utmost importance that you speak with legal representatives. By getting legal help, you’ll be able to hold the negligent or criminal party responsible for what they’ve done and receive just compensation for any losses and/or injuries sustained. Our team of personal injury attorneys is here
Super Bowl Stress Qualifies for Workers’ Compensation Death Benefits
The claimant’s deceased husband suffered a heart attack and died on Super Bowl Sunday of 2010 while working as acting store manager of a Waldbaum’s supermarket in Roberts v. Waldbaum’s, 513795, 2012 WL 4449387 (3d Dept., September 27, 2012). Claimant applied for workers’ compensation death benefits alleging that the heart attack (myocardial infarction) was triggered by the stress and … Read the rest
Subpoena for Hospital Records for Investigation of Death of Prison Inmate Held Enforceable Notwithstanding Privacy Laws
In the matter of New York City Health and Hospitals Corporation vs. New York State Commission Of Correction, — N.E.2d —-, 2012 N.Y. Slip Op. 03571 (May 8, 2012), the Court of Appeals was called upon to decide the enforceability of a subpoena duces tecum issued by the Medical Review Board of the New York State Commission (“Commission”) to … Read the rest
Progress in New York’s Wrongful Death Statute But Still Hard to Explain Its Unfairness to Clients
New York is in a minority of states in America that has a wrongful death statute that does not allow the decedent’s family to be compensated for their emotional grief over their loss. So when a family recently came to see me about the completely unexpected loss of their son who was in his 20’s they were shocked to learn … Read the rest
2010 Marks Fewest Fatal Police-Involved Shootings Since 1971 and Lowest Number of Total Shooting Incidents by Police Since Formal Reporting Began 40 Years Ago
According to the New York City Police Department, police shot and killed eight subjects last year compared to 93 in 1971, the year to which reliable data on firearms discharges may be tracked. An additional 16 were wounded last year – another record low. The number wounded in 1971 was 221.
The record lows were recorded despite significant increases in … Read the rest
Plaintiff’s Hard Drive Off-Limits to Defendant in Wrongful Death Case Alleging Medical Malpractice/Product Liability/Negligent Training and Supervision
The plaintiffs in DeRiggi v. Krischen, 20753/08, NYLJ 1202476938011, at *1 (Sup., Nassau Decided December 17, 2010) sought to recover for the wrongful death of Patricia DeRiggi, who died at the age of 30 during percutaneous disk decompression surgery, an out-patient procedure used to treat lower back pain.
Plaintiffs allege that Mrs. DeRiggi’s left common iliac vein was perforated … Read the rest
