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 »
Time Limits for Personal Injury Lawsuits in New York
If you’re hurt in any kind of accident in New York State, you have limited time in which to file a lawsuit seeking damages. Failure to meet the statute of limitations can result in your claim being time-barred. However, there are certain exceptions to the rule. In New York, the statute of limitations for personal… Read More »
Recovering Damages After an Accident With a Drunk Driver
In New York as elsewhere in the nation, drunk driving is a major cause of serious and sometimes fatal accidents. Aside from being criminal behavior, driving under the influence (DUI) or driving while ability impaired (DWAI) is considered negligence, which can trigger civil liability to accident victims. Proving the driver’s condition is thus essential to… 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 »
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 »
Family Awarded $10 Million for Medical Malpractice After Patient Suicide
A jury in Staten Island has awarded $10 million to the plaintiffs in a medical malpractice case. The judgement goes to the family of a man who committed suicide six years ago after a physician allegedly failed to properly diagnose and treat his severe anxiety and depression. The patient was 48-year-old Richard Shouldis, who reported… 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 »
Long Island Teen Sues Grandfather Over Wrongful Death Settlement
A teenager from Long Island recently filed a lawsuit against her grandfather, alleging that he stole millions of dollars that she inherited from her late father in wrongful death compensation. Gary Eriksen, the father of the deceased and paternal grandfather of the child filing the suit, is accused of cutting his granddaughter out of the… Read More »