which will be contested by ex. Current attorney engaged in Article 78 advised that I need proper letters of administration to potentially proceed with wrongful death. Unfortunately he is unable to perform this function as everything is very contentious. Time is of the essence.
While we could help, wrongful death cases are on contingency, and as part of the service, the personal injury firms will do this for you. If yours is not, get a new firm.
First of all I am sorry for your loss- nothing is worse than losing a child. Second, you are correct that time is of the essence in filing a wrongful death action- it must be filed within two years of the death, and it cannot be filed by anyone who has not been appointed legal representative of your daughter's estate. Surrogate's Courts will help get this done quickly when they know a wrongful death action must be filed, if the attorney knows how to bring this to the attention of the clerks. Feel free to contact me for further information - the clerks in each New York county vary in their requirements for letters.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.