QUESTION

My mom recently fell at a nursing home and died. The cause of death per the hospital was accidental due to blunt force.

Asked on Oct 20th, 2017 on Nursing Home Litigation - New York
More details to this question:
My mother went to the bathroom alone and on returning to her bed she fell causing severe face and head trauma which contributed to her death. My mom was not able to ambukate very well on her own. This is not the first fall that has occurred at the nursing home.
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
You (or whomever is legal representative of your mother's estate) most likely has a wrongful death case, as long as death occured less than two years ago- that is the statute of limitations for wrongful death. The statute of limitations for negligence/personal injury is three years, so it's possible to start a case even if she died more than two years ago as long as it's less than three. The value of the case would depend on the particular circumstances of the case, and your mother's age at the time of her death. If you have not already done so, you must file a petition to be appointed executor (if there was a will) or administrator (if no will) of your mother's estate before filing a lawsuit. You cannot commence an action on behalf of a deceased individual unless you have been appointed executor or administrator. 
Answered on Oct 23rd, 2017 at 11:31 AM

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