Category Archives: Wrongful Death
What Are a Pedestrian’s Sources of Recovery if Hurt by a Vehicle?
A pedestrian who is struck by a vehicle in New York has access to several legal avenues to pursue damages for bodily injury, economic loss and, in the case of fatality, wrongful death. The compensation available is governed by a combination of state insurance regulations and tort law. Understanding these options is critical for any… Read More »
The Difference Between Wrongful Death and Survival Actions
Families that have lost loved ones due to the negligence or deliberate actions of others have two distinct legal remedies: wrongful death actions and survival actions. While they share some similarities, they serve different purposes and involve different types of recoverable damages. A wrongful death action is brought on behalf of certain surviving family members… Read More »
Nursing Homes No Longer Protected by Immunity from COVID-19 Claims
Though it has been more than two years since the first signs of the coronavirus were spotted in New York, much confusion still remains about what happened and the legal options for families who lost loved ones in nursing homes to COVID. In the early days of the COVID-19 pandemic, the state granted legal immunity… Read More »
Filing a Wrongful Death Claim in New York
Every state in the nation has a set of laws that govern how wrongful death cases will proceed in the state. These laws include definitions of what is to be considered a wrongful death, as well as the available damages and the requirements to prove liability. Here’s a quick overview of what you should know… Read More »
High School Basketball Star Killed in Long Island Accident
A high school basketball star with pro prospects was tragically killed in a car accident on Wednesday, January 27 in Uniondale. That teenager, 15-year-old Jomani “Jo-Jo” Wright, was in a vehicle with three other teens heading to a gym for a private workout, when they were suddenly T-boned by an SUV at the intersection of… Read More »
Who is Allowed to File a Wrongful Death Claim?
If you have lost a loved one in an accident due to the negligence or intentional actions of another person, you may have the right to file a wrongful death lawsuit. This is a specific type of personal injury claim in which the plaintiff is a family member or other close acquaintance of the deceased,… Read More »
What Do You Need to Prove as the Plaintiff in a Wrongful Death Case?
A wrongful death claim is a civil suit filed by a person who seeks to hold another person or entity responsible for negligence that resulted in the death of a loved one. For the plaintiff to be successful in such a case, he or she must prove the following elements: Duty of care: The plaintiff… Read More »
Suffolk County to Pay Out $1.5 Million in Wrongful Death Claim
Suffolk County will pay $1.5 million to settle a lawsuit filed by the family of a teenager who died nearly 10 years ago in a crash involving two police officers. On March 12, 2008, the 17-year-old girl, Teaisha Scales, was reportedly riding in a 1998 Cadillac DeVille, driven by her boyfriend. The sedan crashed into… Read More »
Family of Worker Killed in Cesspool Accident Files Wrongful Death Lawsuit
The family of a 59-year-old man who was killed in a cesspool accident in May 2017 has filed a $50 million wrongful death lawsuit with the Suffolk County Supreme Court. In the suit, the family claims the man’s employer, its contractors, the highway department in the Town of Huntington and the owner of the home… Read More »