Defining Wrongful Death in New York

What does the term “wrongful death” mean under New York state law, and who is eligible to file this kind of lawsuit? The answers to these questions are relatively straightforward, but as with most legal issues, there are details to be aware of that can complicate matters. If a claimant doesn’t pay attention to these details, even the strongest wrongful death claim can be scuttled before it has a chance.

 

“Wrongful Act, Neglect, or Default”

Those three terms are the actual wording in the statute, and they mean that there are three basic circumstances which allow for a wrongful death lawsuit. A wrongful act is possibly the most obvious: Someone takes an action that is intended to cause harm. This covers violent crimes against a victim which lead to death, such as robbery or assault, as well as murder or manslaughter. In addition to any criminal charges (and penalties, such as prison time) that the law might impose, the survivors of the victim can file a wrongful death suit.

Neglect and default cover a range of actions (or inaction) that led to harm the victim. These cover situations in which a person allowed a dangerous condition to continue to exist, such as, in an extreme hypothetical situation, a property owner knowing that a stairway was about to collapse but not fixing it and not warning users.

Default might include a person watching another walk onto that stairway and not telling him about the risk. Negligence is frequently a factor in wrongful death suits, but default is less common since it’s often difficult to prove.

 

Limitations on New York Wrongful Death Suits

Civil actions for wrongful death have restrictions. The most important might be that the victim must be survived by a family member or legal representative who can prove standing to recover for the wrong done. Distant relations might not be eligible. There’s also a two-year time limit to make a claim, with very few exceptions (one being that if there is also a criminal case, an extension might be allowed).

The damages that a victim’s survivors can collect are limited to purely economic losses. They can seek recovery of costs that can be calculated: funeral expenses, medical costs related to the death, lost wages and income, a value for services to the family by the deceased, and some other measurable amounts. But the survivors can’t claim damages for their pain and suffering from the loss of the victim, as they can in some other states.

However, New York law does allow recovery of damages for the pain and suffering of victims themselves, if that can be proven. One case last year awarded significant damages for exactly that reason.

 

New York Wrongful Death Lawyer

If you believe that the loss of a close family member was due to the wrongful act or negligence of another, a wrongful death claim may be in order. At Greenstein & Milbauer, LLP, our team of attorneys has extensive experience helping clients navigate the often complicated issues involved in their wrongful death cases. We offer every client a free, no-obligation consultation to discuss their case and help them understand the options available, so give us a call at 1-800-VICTIM2 (842-8462) or contact us online through the form below to schedule yours.

 

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What to Do About a Broken Bone

Literally millions of Americans seek medical treatment every year for a broken bone (or fracture). This kind of injury is so common and covers so many causes and results that it’s difficult to say how many people are even affected: Estimates range from at least 6 million to well over 12 million in the United States.

There are also many possible causes of broken bones, including falls, sports injuries, car accidents, assault or abuse, and work-related injuries. Any person who experiences a fracture should receive medical treatment, but when the injury has been caused by the recklessness or negligence of another, it’s important that the victim also be able to recover damages for his or her injuries from whoever caused them.

Trivial to Life-Threatening

Just as broken bones can be caused by many different events, the type and severity of a fracture can vary tremendously. The human body has more than 200 bones, each of which can break in multiple ways. Different kinds of fractures need to be treated differently, and different fractures will heal in different ways and at different speeds. A minor fracture to a finger might require minimal treatment and not even slow a person down; on the other hand, a broken leg could put someone out of action for months, while a skull fracture could have potentially fatal consequences if not treated immediately.

Open fractures (in which there is an external wound and the bone is exposed) need special attention because they can become infected, but even closed fractures occasionally become infected and lead to additional complications. In some people, especially the elderly, having some types of fractures can even lead to increased mortality.

Hold Them Accountable

There’s no doubt that many injuries, including broken bones, are caused in whole or in part by the person who experiences them. But many other injuries are caused either by the negligence or the outright recklessness of others: Landlords leave unsafe conditions on their property, unmopped spills and uncleared snow lead to customers slipping and falling, drivers and passengers in cars are hurt when someone crashes into them. The examples are endless (including the recent case of a Brooklyn child who suffered two broken arms at school).

Whatever the specific cause, fractures can come with a high cost. Victims face medical treatment and rehabilitation costs and also lose mobility, which can mean lost wages and income. It’s important to hold accountable the individual or organization that caused the injury and have them reimburse the victim for all expenses.

New York Broken Bone Lawyer

When you or someone close to you has suffered a broken bone and needs to recover, contact the team at Greenstein & Milbauer, LLP. Whether the injury happened in car crash, a preventable fall at work, or was the result of abuse or neglect in a nursing home, our attorneys have experience with broken bone cases and can help. Give us a call at 1-800-VICTIM2 (842-8462) or contact us online through the form below to learn more or to schedule a free consultation to discuss your specific claim.

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New York SUM Insurance Changes in 2018

In December, Governor Cuomo signed a law that changes how SUM (supplemental uninsured/underinsured motorist) coverage is handled for drivers in New York State. Yet most drivers probably aren’t even aware of what SUM is or how it works, let alone what the changes mean for them.

Let’s take a quick look at SUM, the change that will take effect this year, and what it means for motorists in New York, especially as it might come into play in a lawsuit after a crash.

Protection Against Uninsured Drivers

The injury insurance New York drivers carry is meant to compensate others who are injured in a crash, not the insured driver, leaving a potentially dangerous gap in coverage: About 15 percent of New York drivers manage to skirt the law and drive without insurance, so a driver who does everything right can find himself seriously injured with no expectation of compensation.

All New York drivers are required to carry some uninsured motorist (UM) coverage. UM coverage gives protection to drivers who are harmed by others who don’t have proper coverage. Underinsured motorist coverage (UIM), which is optional, serves a similar purpose by allowing a driver’s own insurance to step in when they’ve been in a crash with a driver who doesn’t have enough coverage.

SUM coverage was launched in 1993 to improve UM and UIM coverage and give consumers a better safety net against uninsured and underinsured drivers. Its real purpose is to cover the expenses of injuries sustained by a driver and his or her passengers when the other driver doesn’t have the correct liability insurance.

How Does SUM Coverage Affect Personal Injury Claims?

SUM coverage still has coverage limits, but it’s generally affordable. There are some restrictions drivers need to be aware of, too, like the fact that a driver who accepts a settlement after an accident without their insurer’s approval can have their SUM coverage terminated with no payment.

Drivers who have been in a crash should, for their own protection, always work with an attorney who understands the laws and regulations to make sure that their rights are protected.

Opt Out, Not Opt In

SUM coverage has been around for more than twenty years, but the new law makes an important change: Drivers previously had to request SUM coverage, but now they will automatically receive it (and be billed for it) unless they opt out. Drivers can also choose to add more SUM coverage or take on less. They can expect to see a notice with all policy renewals beginning in June.

New York City Car Accident Lawyer

If you’ve been hurt in a car crash, talk to the experienced accident lawyers at Greenstein & Milbauer, LLP. We can help you develop the best case possible and reach the settlement you deserve. Call us today at 1-800-VICTIM2 (842-8462) or contact us online through the form below to schedule a free appointment to discuss your situation and learn more.

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Fatal Crash Raises Distraction, Licensing Issues

A crash in a Brooklyn neighborhood famous for its over-the-top Christmas displays left an eighty-nine-year-old woman dead last week. It also raised new concerns about the reliability of the vetting done by car services: The victim was a passenger in a hired car, and after the crash, it was discovered that the driver of the vehicle was operating on a suspended license.

Slammed at Intersection

The collision took place in the middle of the afternoon on December 17 in Dyker Heights. A passenger car slammed into another vehicle at the intersection of 81st Street and 11th Avenue; the struck car then crashed into another vehicle parked nearby.

The driver of the struck vehicle and both of her passengers, the victim and a second woman, were injured and taken to a nearby hospital. The driver and second passenger were not seriously hurt, but the elderly victim succumbed to her injuries.

According to reports, the driver who caused the crash told police that she first came to a complete stop but didn’t see the other vehicle until she was already accelerating into it.

Still Investigating

It was initially reported that the victim was in an Uber ride-hailing vehicle, but this was later clarified. The car was being used as a taxi-like service, but it was not an Uber. However, shortly after the crash, NYPD arrested the driver of the struck vehicle for operating on a suspended license.

Depending on the circumstances, that charge can lead to a fine and possible jail time. The driver who caused the crash has not been charged with any violation, but the crash was still being investigated.

Distraction an Issue?

The crash was publicized as happening in a section of the city renowned for its “Dyker Lights” holiday displays, which the local civic association says attracted around 100,000 visitors last year. However, there has been no indication that the lights were a factor in the crash (or how visible they even are from two blocks away).

At this time of year, public safety watchdogs often issue warnings about the fire danger that dry Christmas trees and poorly maintained Christmas lights can pose, and we also occasionally see reports of parking problems, as well as neighborhood disputes over displays that go too far.

Vehicles have crashed into displays before, and there was an incident last month of a pedestrian killed near a large display. But we haven’t heard of injuries or deaths related to distracted drivers at light displays—so far.

Brooklyn Car Accident Lawyer

Car crashes happen for all kinds of reasons: speeding, distractions, and drunk driving to name just a few. When you or someone close to you has been the victim of an accident, Greenstein & Milbauer, LLP can help, regardless of the circumstances.

Give our team of experienced motor vehicle accident attorneys a call today to schedule a free, no-obligation consultation to discuss your case. Call us at 1-800-VICTIM2 (842-8462) or complete the form below now for more information.

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Parking Argument Flares into Stabbing, Car Rammed into Crowd

For the second time in less than a month, a parking-related incident might have been behind a New York City motor vehicle fatality. This time, a twenty-three-year-old Queens man has died after coming to the aid of two men who were stabbed in a fight.

The victim was among at least six people who were hit by a car that was reportedly driven onto the sidewalk after the stabbing. In a sad turn, the deceased man was a close friend of the driver.

Multiple Victims Hospitalized

NYPD officials said the incident began as a parking dispute outside a hookah bar in Richmond Hill. Around 4:30 on the morning of December 3, three men reportedly got into an argument at or near the corner of 129th Street and Liberty Avenue.

The fight might have been sparked by a bump as one driver was parallel parking. But things got out of hand quickly, with one man leaving his car and stabbing two others. It’s not clear whether those injuries were life-threatening.

That was not the end of it. Others on the scene chased the man who had allegedly done the stabbing, who hopped back into his car and drove off. He didn’t go far, but instead turned around and drove onto the sidewalk at full speed, apparently aiming for the men he’d stabbed.

He crashed into a crowd, killing one bystander and causing severe injuries, including a broken leg, a broken pelvis, and a head injury, to others. One victim was reportedly in critical condition.

Aggression Caught on Video

The toll from this reckless and aggressive behavior could have been even worse: Video from the scene (which did not capture the crash) shows the car speeding down the sidewalk, followed by a second vehicle—reported to be witnesses pursuing the first driver.

His Own Friend

It’s come to light that the driver was friends with the victim and they had driven there together. He claims that he does not remember what happened that night because he had been drinking heavily. He’s been held without bail on serious charges, including murder, assault, and reckless endangerment.

Pedestrians Unwitting Targets

Accidents involving pedestrians are an unfortunate fact of life in New York City. In 2016, a total of 148 pedestrians were killed by motor vehicles.

This year has seen a number of headline-grabbing incidents, including a May crash into a crowd in Times Square that killed one and injured twenty-two and a deliberate ramming attack near the World Trade Center in October that left eight dead and twelve injured.

NYC Car Accident Lawyer

When you’ve been the victim of any kind of crash involving a motor vehicle, whether you were another driver, a passenger, or a pedestrian, you may want to speak with an experienced car accident attorney for help with your case.

Call Greenstein & Milbauer, LLP today to schedule a free, no-obligation consultation to discuss your unique case. You can reach us by calling 1-800-VICTIM2 (842-8462) or filling out the form below.

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Dump Truck Runs Over Manhattan Cyclist

A woman was run over by a dump truck while bicycling on a Lower East Side street earlier this month. According to reports of the November 15 accident, the truck crushed both legs of the victim, a fifty-year-old nurse.

She may have been pinned under the wheels for a time, and the injuries are so severe that she might lose a leg. She was fortunate in one respect, as a medical student witnessed the crash and was able to administer first aid immediately.

Driver Previously Suspended

The driver remained at the scene after the crash at Stanton Street and Ridge Street and was arrested when he was found to have been operating with a suspended license.

Driving with an invalid license—which broadly covers expired, suspended, revoked, and no license at all—is a serious problem. A few years back it was estimated that more than one in six fatal crashes were caused by invalid drivers. An analysis by AAA also found that in late-night crashes, drunk driving crashes, and hit-and-run crashes the chance of an invalid driver causing the crash was increased.

But these studies couldn’t get a handle on how many drivers are out there with invalid licenses. It’s difficult to pin down the total, but rough numbers suggest that at least one in eight drivers nationally is driving on a suspended, revoked, or expired license—or never earned a license to begin with.

Cyclist at Fault . . . Does It Matter?

News reports of the Stanton Street crash have noted that the cyclist may have been traveling in the wrong direction on a one-way street. Does that make any difference?

In some places it might. It depends on whether a state’s legal system uses contributory negligence or comparative negligence to determine fault.

A handful of states still use the legal doctrine of pure contributory negligence, which blocks an injured party from receiving any compensation if they were in any way responsible for the damage, even if their responsibility was tiny. For example, if you stepped off the curb into a crosswalk without looking both ways, even though you had the walk signal, and were then hit by a speeding driver who ran a red light while fleeing the scene of a crime, it’s possible (although not likely) that a court would find that you contributed to your injury by not checking the street.

States with less archaic legal codes allow victims to make a claim for damages even when they’re partially to blame. Using comparative negligence, most states allow victims to make claims as long as they’re judged to be 50 percent or less responsible, although the damage amount will be adjusted based on the assignment of blame.

New York (with eleven others) is a pure comparative negligence state. Here, an injured person can recover some fraction of the damage even if they were more responsible for it than anyone else. In theory, even if the victim is 99 percent responsible, a victim can still collect one percent of the damage amount from other parties.

New York Truck Accident Lawyer

Whether you’ve been the victim of a truck accident, a car accident, or a bus accident; whether you were another driver, a bicyclist, or a pedestrian; Greenstein & Milbauer, LLP understands all forms of motor vehicle accident law and we can help.

Our attorneys have years of experience helping the victims of truck accidents and other crashes, and we’re ready to schedule a free consultation to discuss your case. Give us a call today at 1-800-VICTIM2 (842-8462) or contact us online through the form below to learn more.

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Fire Extinguishers Recalled Over Failure Risk

One of the United States’ largest fire safety products companies has issued a sweeping recall that affects some of its products manufactured as far back as 1973. The November 2 announcement, coordinated with the U.S. Consumer Product Safety Commission (CPSC), covers 134 models of fire extinguishers manufactured by Kidde.

Consumers are cautioned that the affected extinguishers can fail to work in an emergency and that their nozzles can detach with enough force to be a hazard. Anyone who owns an extinguisher covered by the recall should contact Kidde for a replacement.

More Than 40 Million Units

The recall includes over 40 million total units, with the majority (37.8 million) sold in the U.S. and the rest sold in Canada. According to the recall notice, the problem involves the potential for these models to clog and not work when needed.

In addition, the nozzles can sometimes detach almost explosively when used. The company and the CPSC have received 391 reports of failure, including ninety-one reports of property damage and sixteen reports of injuries (most of which are believed to have been due to fires that the extinguishers were unable to put out).

One Fatality Attributed

A defective unit has been blamed for one death. In August 2014, a twenty-two-year-old Pennsylvania man died after his car struck a tree and caught fire. Emergency personnel were unable to get their extinguishers, which are included on the recall list, to work at the scene. The man’s family has since settled with Kidde.

The complete list of models covered by the recall is extensive. Units were produced as recently as this September and sold by department stores, hardware stores, and online retailers with prices from as little as $12 to as much as $200.

The CPSC notice includes all the affected models, as well as instructions for identifying them. Some models were distributed as included equipment in commercial trucks, RVs, and even boats, and specific information for those units is also available.

The CPSC reminds consumers that selling a recalled product is against the law. In theory, you could be hit with a $100,000 fine for doing it—although, as far as we know, only manufacturers and retailers have ever been prosecuted.

NYC Product Liability Lawyer

Most manufacturers pride themselves on making safe products that do what they’re designed to. But things can go wrong due to a design flaw, a manufacturing defect, or some other circumstance.

Most companies act quickly to accept responsibility and correct problems once they’re discovered, as Kidde seems to have done in this case. But not all businesses behave so well. Some make efforts to cover up problems, and in the worst cases, some have even produced and sold products they knew to be hazardous.

When you or someone close to you has been harmed by a defective product, give Greenstein & Milbauer, LLP a call. Our attorneys have years of experience with product liability cases, and we always put victims first. Reach us at 1-800-VICTIM2 (842-8462) or fill out the form below to schedule a free consultation today.

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