×
Go back to Martindale-Avvo ➔

New York Wrongful Death Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question
2
Details
3
Submit
1
Ask a Question
2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
19 legal questions have been posted about wrongful death by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include personal injury, boating accidents, and nursing home litigation. All topics and other states can be accessed in the dropdowns below.
New York Wrongful Death Questions & Legal Answers
Do you have any New York Wrongful Death questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 19 previously answered New York Wrongful Death questions.
Wrongful Death
New York

Recent Legal Answers

Looking for a lawyer to represent you

Answered a year and 2 months ago by attorney Mr. Jonathan R. Ratchik   |   1 Answer   |  Legal Topics: Wrongful Death
Sorry for your loss. You can find many excellent personal injury lawyers using legal directories such as Super Lawyers, Martindale, AVVO and FindLaw. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC www.kdrpilawyers.com
Sorry for your loss. You can find many excellent personal injury lawyers using legal directories such as Super Lawyers, Martindale, AVVO and... Read More

Need experienced trial counsel in court of claims against NYS.

Answered a year and 11 months ago by attorney Mr. Jonathan R. Ratchik   |   1 Answer   |  Legal Topics: Wrongful Death
So sorry for your loss.  You can find many excellent attorneys using legal directories such as Lawyers.com, Super Lawyers, FindLaw and Justia.  That said, it appears that you already have an attorney (Jesse Weiner, Esq.).  You might want to speak with your attorney before looking for trial counsel as you can only have one attorney-of-record.  Although you can always change lawyers, the outgoing lawyer would be entitled to a fee for his work performed and to get reimbursed for his expenses. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC... Read More
So sorry for your loss.  You can find many excellent attorneys using legal directories such as Lawyers.com, Super Lawyers, FindLaw and... Read More

do we have any say in whether or not an autopsy was performed on our mother who was hit by a car and died at the scene?

Answered 2 years and 9 months ago by attorney Kenneth T Kerner   |   1 Answer   |  Legal Topics: Wrongful Death
Can you elaborate? Was an autopsy actually performed?
Can you elaborate? Was an autopsy actually performed?

Need a lawyer

Answered 5 years and a month ago by attorney Mr. Jonathan R. Ratchik   |   1 Answer   |  Legal Topics: Wrongful Death
I'm so sorry for your loss.  Unfortunately, hospitals and nursing homes were granted very broad immunity for the care and treatment of COVID patients, making it virtually impossible to hold them accountable except in cases of gross negligence.  You can still, however, file a complaint with the Department of Health regarding the treatment she received at the nursing home (althogh this is probably not what you had in mind). Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read More
I'm so sorry for your loss.  Unfortunately, hospitals and nursing homes were granted very broad immunity for the care and treatment of COVID... Read More

Need a good lawyer ,near Buffalo NY, experienced with nursing home neglect cases

Answered 5 years and a month ago by attorney Mr. Jonathan R. Ratchik   |   1 Answer   |  Legal Topics: Wrongful Death
There are many excellent attorneys in the Buffalo area who should be able to help you.  You can find them using legal directories such as Super Lawyers and Martindale.   Best regards,   Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read More
There are many excellent attorneys in the Buffalo area who should be able to help you.  You can find them using legal directories such as Super... Read More

MY BROTHER PASSED AWAY 2 YRS AND 4 MONTHS AGO , CAN I STILL FILL A WRONGFUL DEATH SUIT against THE HEALTH CARE AGENCY FOR negligence OF CARE?

Answered 6 years and 4 months ago by attorney Mr. Jonathan R. Ratchik   |   1 Answer   |  Legal Topics: Wrongful Death
I'm so sorry to hear about the loss of your brother.  Unfortunately the statute of limitations for a wrongful death case is two (2) years from the date of death.     Best regards,   Jonathan R. Ratchik Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 ... Read More
I'm so sorry to hear about the loss of your brother.  Unfortunately the statute of limitations for a wrongful death case is two (2) years from... Read More

deceased father

Answered 8 years and 10 months ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Wrongful Death
If your father died less than two years ago you may have an action for wrongful death, and if less than three years ago for pain and suffering. But the case cant be started before you or an appropriate person is appointed administrator of the estate. 
If your father died less than two years ago you may have an action for wrongful death, and if less than three years ago for pain and suffering. But... Read More

Do we have a case against a doctor that cleared my other on elective surgery?

Answered 9 years ago by attorney Lori Nevias   |   1 Answer   |  Legal Topics: Wrongful Death
There is no way to tell whether this is medical malpractice without reviewing the medical records. If this happened less than 2 1/2 years ago, you may have a case. 
There is no way to tell whether this is medical malpractice without reviewing the medical records. If this happened less than 2 1/2 years ago, you... Read More

need help

Answered 10 years and 9 months ago by Michael Alden Barasch (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
I"m so sorry to hear about your son's tragic death.  Please give me some details.  When was the attack?  who owenod the dog?  Why do you think Monroe would be liable?  Was there anythning about the dog that would indicate prior viscous propensities?michael Barasch  ... Read More
I"m so sorry to hear about your son's tragic death.  Please give me some details.  When was the attack?  who owenod the dog?  Why... Read More

Possible Wrongful Death of My Brother

Answered 10 years and 9 months ago by Michael Alden Barasch (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
I' sorry to read about Ed's passing and the horrible ordeal that you and your parents have had to endure.  I am a personal injury attorney, not an estate attorey.  That's who you need in order to contest the validity of the will.  I would ask lawyers.com to recommend an Estate attorney.   Michael Barasch... Read More
I' sorry to read about Ed's passing and the horrible ordeal that you and your parents have had to endure.  I am a personal injury attorney,... Read More

can a wife be sued for wrongful death by the deceased's siblings

Answered 11 years and 5 months ago by Michael Varble (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
This sounds like an issue that you may want to report to the police.
This sounds like an issue that you may want to report to the police.

What hsppens when sister is hit by car dies mother is deceased. Sister becomes executor of estate sues for wrongful death does the sister have to

Answered 11 years and 5 months ago by Michael Varble (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
Generally yea the proceeds are divided among the surviving family members. I would Consult an attorney though and go over the circumstances in detail.
Generally yea the proceeds are divided among the surviving family members. I would Consult an attorney though and go over the circumstances in... Read More

do I have a Case

Answered 11 years and 5 months ago by Michael Varble (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
Consult an attorney promptly.
Consult an attorney promptly.

father died of lung cancer due to result of smoking all his life at 52, child of his never looked into anything Legal wise due to learning disability.

Answered 11 years and 5 months ago by Michael Varble (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
Unfortunately, too much time has passed and any claim would be barred by the statute of limitations.
Unfortunately, too much time has passed and any claim would be barred by the statute of limitations.

Can you a wrongful death suit be filed against you more than once if you paid already?

Answered 11 years and 6 months ago by Michael Varble (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
Not if the suit was concluded properly and a general release was executed.
Not if the suit was concluded properly and a general release was executed.

Sister- age 54 bariatric sleeve,died 7hrs after surgery while in hospital from hemerage.

Answered 11 years and 9 months ago by Michael Varble (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
Consult an attorney, form an estate for your sister, acquire a copy of her medical chart and take the medical chart to an experienced medical malpractice attorney. Good luck with the claim, it sounds like it will be successful.
Consult an attorney, form an estate for your sister, acquire a copy of her medical chart and take the medical chart to an experienced medical... Read More

can a hospital be sued more than once

Answered 11 years and 11 months ago by attorney Warren S. Hecht   |   1 Answer   |  Legal Topics: Wrongful Death
I am not sure which hospital you are referring to. In any event, once you settle, the settlement is for all claims that were or could have been raised. 
I am not sure which hospital you are referring to. In any event, once you settle, the settlement is for all claims that were or could have been... Read More

When Does Tolling Trigger for Death of Minor?

Answered 12 years and 8 months ago by Gerry M Wendrovsky (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
The tolling for infancy does not apply to an action, itself premised on the death of a minor. Unless a case can be viably made that the parents were induced to not bring suit by the defendants, the answer to your question is most likely no. Gerry Wendrovsky, Esq.- Upper West Side Lawyer www.upperwestsidelawyer.com... Read More
The tolling for infancy does not apply to an action, itself premised on the death of a minor. Unless a case can be viably made that the parents were... Read More

my wife wa crossing on pedestrian and in school zone when this driver who has 7 suspended licenses was struck my wife and died after 2 hrs. in o.r.

Answered 13 years and 8 months ago by John Joseph Ratkowitz, Esq. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Wrongful Death
I don't know the answer to your question, but you may get a better response if you post it as a criminal law question rather than a personal injury/auto accident question.  I am sorry for your loss.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com... Read More
I don't know the answer to your question, but you may get a better response if you post it as a criminal law question rather than a personal... Read More
Wrongful Death
New York

Helpful Resources