The New York Personal Injury Blog

Wrongful Death in New York

Wrongful Death is when a person dies as a result of the negligence or misconduct of another person, company or entity. A wrongful death action is typically commenced by the deceased's immediate family members, such as the victim’s spouse, children or parents. The family members can file a wrongful death claim whether the loved one's death was accidental or intentional. The most common types of wrongful death cases occur from medical malpractice, car accidents, or criminal behavior. If a loved one has died and you feel that someone else may be responsible, a New York injury lawyer can help you understand if you have a personal injury case.

If you need legal advice on any personal injury issue in New York, including wrongful death, you should speak to a New York personal injury attorney. Personal injury attorneys often offer free consultations and generally take cases on contingency, which means that you will not be expected to pay attorney fees unless you receive a favorable verdict.

Recently in Wrongful Death Category

How Does Qualified Immunity Affect Wrongful Death Claims?

Police officers are often confronted with very difficult decisions. When a dangerous situation appears to escalate, officers must often make a judgment call: Either try to diffuse the situation verbally or pull the trigger on the suspect. When an officer opts for the latter, he opens himself up to a potential wrongful death suit.

Wrongful death lawsuits against the police, however, differ from traditional wrongful death suits.

National Guard Truck Barrels Over Elderly Pedestrian

Like nearly every auto accident, the question of who is at fault is answered differently depending on the person answering. The National Guard blames the pedestrian, who died after being hit by a personnel carrier headed to pick up relief supplies. A spokesperson told The New York Times that the pedestrian disregarded a police escort and “stepped into traffic.”

On the other hand, an eyewitness told Streetsblog that there was no police escort and that the convoy blasted through red lights, nearly running the witness over as well. There were no sirens or other warnings that it was unsafe to cross. Kwok Fu, 82, was not jaywalking or trying to beat the convoy. He was hit by the final truck, which was speeding through the red light to catch up to the other trucks.

Orthodox Jews Sue to Block Restriction on Orally Assisted Circumcision

The City's Department of Health voted last month to require informed consent from parents before a religious ritual was performed on their children. Normally, a government restricting religious practices is something we can all disagree with in unison. However, what if that ritual has allegedly led to the infection of eleven babies with herpes since 2000, killing two of them?

Back in March, the Brooklyn D.A. was looking into the most recent case of a baby dying from herpes contracted as a result of orally assisted circumcision. Though it seems no charges came from the case, it did renew calls for a governmental regulation. The Orthodox Jewish practice involves circumcision, followed by removal of the blood from the wound with the rabbi's mouth. The practice, known as metzizah b'peh, continues to be widespread in Orthodox communities in New York, despite the occasional herpes case.

Meningitis Outbreak Spreading via Steroid Injections for Back Pain

A custom formulation of a steroid used to treat back pain may be responsible for a Meningitis outbreak that has claimed the lives of five, sickened at least thirty-five, and could affect thousands of others. So far, the damage has been limited to six states: Tennessee, Virginia, Maryland, Florida, North Carolina and Indiana. However, the drugs were also distributed to New Jersey clinics as recently as a few days ago, reports CBS New York.

According to The Associated Press, the questionable injections were formulated at a compounding pharmacy in Massachusetts, the New England Compounding Center. Compounding pharmacies typically produce specialty combinations or dosages of drugs that aren’t available commercially. For example, they might provide a pain reliever in a lozenge (cough drop) form instead of a pill.

Whistleblower Alleges Shady Organ Harvesting; Could Lead to More Lawsuits

Patrick McMahon, 50, was labeled a troublemaker. In fact, he only lasted four months as a transplant coordinator with the nonprofit New York Organ Donor Network. In his brief time there, he alleges that he witnessed families being pressured to consent to organ donation, premature declarations of brain death, and even a quota system implemented upon the employees, reports the New York Post.

McMahon’s lawsuit cites four cases as examples of alleged malfeasance by the nonprofit. In one, a 19-year-old victim of a car accident was declared brain dead despite the man trying to breathe and showing signs of brain activity. In another, he claims that the family of a woman that had previously received an organ donation was pressured to pay it forward.

Policing the Police: Mobster Whacked Because of Prosecutors?

Embezzlement. Kickbacks. Leaked information resulting in a murder. RICO investigations. That sure sounds like the mob, right?

The problem was, according to the Courthouse News Service, the ones allegedly committing the crimes were the Bergen County Prosecutor's Office.

That of course begs the eternal question, "who polices the police?"

Cops Shoot a Ninja With an IKEA Knife, Confiscate a Camera

An odd encounter on Seventh Street near Times Square resulted in police officers shooting 51-year-old Darrius H. Kennedy, reports The New York Times. Kennedy was allegedly skipping backwards in front of a Chipotle, waving around an IKEA kitchen knife.

After police boxed him in, away from bystanders, Kennedy reportedly lunged at the cops. They fired twelve times, nine from one officer’s gun and three from the other. According to the NYPD, multiple attempts at subduing Kennedy with pepper spray failed before the officers discharged their firearms.

What's the Deal With That $6 Billion 9/11 Verdict?

What were your first thoughts when you heard that a $6 billion verdict was ordered in favor of the victims of 9/11? What about when you heard the list of defendants?

Osama Bin Laden, al Qaeda, the Taliban, Hezbollah … those names are not much of a surprise. They’re all terrorists. What about the Nation of Iran? Iran was also found at fault in the verdict.

Legally, the case wasn’t much of a battle. The defendants never showed up. There was little done beyond a few legal pleadings. The verdict was ordered due to a default judgment, which is a legal way of saying that you lose because you didn’t play. To be clear:

'I Didn't See Her' Might Work For Criminal Defense, Not P.I.

There's finally enough information to follow-up on the tragic story of Roxanna Sorina-Buta, 21, of Queens. In late May, the young lady was returning home from her job. While she was crossing the street, with the light, she was run over by a dump truck. The truck did not stop or alert police. It simply disappeared.

At the time, there was no information on who the driver was and where the truck was from. However, after an extensive investigation, the police finally identified the driver and identified the truck as a New York City Department of Transportation truck, reports the Gothamist.

Widower Sues Over Pedestrian Death; NYPD Padding Stats?

Anthony Webb did not have a license. He also was allegedly drunk. He was the driver that struck Clara Heyworth as she crossed the street to meet her husband. Jacob Stevens, the husband, remembers her stepping off the curb. He remembers being by her side as she lay bleeding. He doesn't remember the impact, reports the Gothamist.

Anthony Webb is still a free man, and will continue to be one, barring another DUI death. The officer that showed up brought a Breathalyzer that hadn't been calibrated in about four years. Needless to say, the reading, which was almost at the legal limit an hour after the accident, was thrown out.

There was also no accident investigation.