QUESTION

advice on litigation/filing a claim with possible outcome.

Asked on Dec 08th, 2015 on Personal Injury - New York
More details to this question:
My girlfriend's mother was in a pedestrian accident the other night in a Target parking lot. She was walking in the parking lot heading into the store when she was struck and was sent to the hospital with critical brain injuries. The driver of the vehicle was under the .08 NY BAC limit but did have a .04. He has had a prior DUI and was arrested at the scene for failure to have an interlock device. In the few days to follow, her mother passed away in ICU from her injuries and the charges were dropped because he in fact was not required to have the interlock device at that time. I might be rambling but I was just looking for advice on what the next steps if any , litigation or claims wise if there is anything to do . Any help would be much appreciated.
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1 ANSWER

Personal Injury Attorney serving New York, NY at Barasch & McGarry
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Hi. This is Barry Salzman, a partner at Barasch McGarry Salzman & Penson. I'm sorry to hear about your girlfriend's mom. There are really 2 issues here. One is whether there is a viable personal injury/wrongful death claim and the other is whether your girlfriend and/or her family has any recourse with the government's decision to drop the charges against offending driver. I can try to address both but need additional information. I invite you to contact me at 212 385-8000 or email me at barry@personalinjuryjustice.com.
Answered on Dec 09th, 2015 at 6:47 AM

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