Articles Posted in Wrongful Death

4-9-25-liability-waiver-300x200Liability waivers differ in language and terms, but most serve a similar purpose: protecting at least one party from legal claims resulting from accidental injury. If you sign a waiver, you are, in effect, relinquishing your right to file a lawsuit or initiate other legal action.

Making Sense of Liability Waivers

Most liability waivers contain the following components:

4-2-25-workplace-safety-300x189Everyone in the United States has a right to a safe workplace.

Although some occupations are inherently more dangerous than others, you shouldn’t have to worry about unexpected hazards in your workplace that you haven’t been trained to manage. If you’ve been injured because of an unsafe condition at work, you don’t have to settle for an apology and empty promises.

The Role of Employers in Providing a Safe Workplace

2-25-25-NYS-Sign-300x200New York State’s Safety Snapshot

Almost every state in the country has seen a rise in accident rates since 2020.

New York, unfortunately, is no exception to this worrying trend. Traffic-related injuries and fatalities have surged from one year to the next, with 2022 listed as the most dangerous year for road accidents in the last decade.

1-29-25-wrongful-death-300x167New York’s Definition of Wrongful Death

The term “wrongful death” has a specific legal meaning.

Every state has its own definition of what constitutes a wrongful death. In New York, a wrongful death is any death caused by a “wrongful act, neglect or default.”

11-12-24-Wrongful-Death-300x200Drowning Accidents and Wrongful Death Damages

Standing in Wrongful Death Claims

In New York State, only the executor of the decedent’s estate has standing to file a wrongful death lawsuit. The executor is the person, or party, who has been nominated to initiate probate, manage estate assets, and distribute inheritances. Executors are often nominated in a last will and testament, but they may be appointed by a surrogate’s court if no will and testament was executed.

11-4-24-emotional-distress-300x200The Legal Definition of “Drowning” is More Expansive Than You Might Expect

People often make the mistake of presuming that a person who has drowned is a person who has passed away. However, drowning is not always a fatal occurrence. In both medicine and law, the term “drowning” is used to describe respiratory impairment caused by submersion in water or another liquid.

Nonfatal drownings can have serious repercussions. Drowning-related complications include, but are not limited to, the following:

10-29-24-Drowning-sign-300x250Drowning accidents can have far-reaching consequences.

Unlike the sort of intense physical trauma inflicted in a car crash, the impact of drowning can be much more subtle, affecting survivors in ways that aren’t always easy to see from the outside looking in. These seemingly “invisible” symptoms can present stark difficulties, turning routine tasks into real challenges.

In New York, anyone who suffers serious injuries caused by another person’s negligence could be entitled to compensation.

10-15-2024-Compensation-300x200Drowning Accidents

Drownings may be a leading cause of accidental death, but they are not always fatal.

Medical professionals typically define “drowning” as any form of respiratory impairment caused by submersion in liquid. In other words, any person who struggles to breathe after inhaling water is technically drowning, even if they do not pass away or lose consciousness.

10-8-24-money-troubles-300x200Drowning is a leading cause of accidental death across the United States, but most drownings are non-fatal. However, even when a drowning incident doesn’t end in death, recovery does not always end after resuscitation. Even when survivors seem fine, risks abound.

Here are five steps you should take to protect your finances after an accident:

  1. Seek Immediate Medical Attention

9-24-24-5-Steps-300x2001. See the Doctor and Follow Through on Referrals

Drowning isn’t always deadly, but even non-fatal accidents can have lifelong repercussions.

Although few parents are willing to take chances when it comes to their child’s chances of recovery, managing the aftermath of a traumatic incident isn’t easy. Even if you’ve already taken your child to the hospital, your next steps may be uncertain. Doctors don’t always consider family finances, and the recommendations you’ve received—for therapy, physical rehabilitation, or expensive prescription medications—could cost more than most New Yorkers can afford.

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