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Created: 21 August 2015

The tragic loss of a child gets no dignity or monetary damages under New York State’s outdated wrongful death statute. Parents who suffer the tragic loss of a child due to the negligence of another and try to bring a claim for damages are generally shocked at what they are told by their attorneys. Damages in New York State for the wrongful death of a child are based on an outdated law that values the life of a child based on the financial loss to the parents or next of kin. Since there are almost no financial damages to the parents stemming from the loss of a child, these lawsuits are routinely settled for peanuts when compared to the emotional loss, sorrow and trauma suffered by the family. Unfortunately, the laws in New York for the death of a child allow nothing, zero, nada, for the emotional loss to the family. How Rosenberg, Minc, Falkoff & Wolff Can Help You With Your Case The best thing you can do if you have suffered the loss of a child is to hire experienced New York City wrongful death lawyers who will hire experts and employ other techniques to get around these awful unfair laws and distinguish your case from established legal precedent. Our law firm has done this hundreds of times for New York City families. It is a tough fight and the attorney you hire should be prepared to present the right kind of evidence that will make your case more valuable. Until the New York State laws are changed with regard to the loss of a child and the child’s value, there will be a lot of negligent parties literally getting away with murder. The situation has to be changed -- but only the New York State Legislature is empowered to change this unfair law that the public knows little about but personal injury attorneys know all too well. Other states are different. They permit damages for emotional loss. For some reason, New York State is stuck in the feudal times and strictly values the wrongful death of a child by the financial loss to the estate -- for which there really isn’t any. If you have suffered the loss of a child in New York City or elsewhere in the state of New York, you do not have to go it alone. Let one of the skilled wrongful death attorneys with Rosenberg, Minc, Falkoff & Wolff help you and your loved ones deal with this tragedy as we work to obtain the justice you deserve.

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Created: 11 May 2015

The autopsy report says death due to natural causes, but is it really what it means?

Importance of an Autopsy Report in a Wrongful Death Case

In a wrongful death case, it is essential to attain the autopsy report because it helps determine whether there was wrongdoing that caused or contributed to the death of your loved one. A pathologist is a doctor who specializes in evaluating people who have died, and he is the doctor who will perform the autopsy. Pathologists will conduct a thorough internal examination to determine the cause of death. Many times the language they use in their reports will be ambiguous, and they do that for a number of reasons.

There is a prominent author named Patricia Cornwell who created a character named Dr. Kay Scarpetta. Scarpetta is a fictional medical examiner (ME) or pathologist if you ever want to learn about what this person does in more detail and be entertained simultaneously.

Death Due to Natural Causes can Mean Many Things

Therefore, when the pathologist writes down, death due to natural causes, it may not be that. Here is the reason why. When a person dies, the doctors are going to put down that the heart stopped, which means there was a cardiac arrest. Alternatively, they might put down that the lungs stopped, which means there was cardiopulmonary arrest. However, the real question is why those major organs stopped working properly.

Was it because of trauma, was it because of an accident, or was it because of a massive infection that was not diagnosed? What were the precise reasons for why those critical organs actually stopped? To understand that, ―you have to evaluate the entire autopsy report―you have to review all the medical reports to determine why your loved one died. Based on these events, when the pathologist automatically puts down, death due to natural causes, it may not be the true reason why the person died.

Protecting their Own

The next reason why a doctor may not accurately put down in clear phrases that another person could have caused this person's death is because typically one doctor does not like to point fingers at another doctor. Especially, when the death has occurred in the same hospital where the autopsy is being performed.

For instance, the death occurred in a particular hospital and they perform the autopsy in the same hospital. So what is the likelihood of the doctor who performs the autopsy actually pointing their fingers at another doctor or doctors in the same hospital? This may be one of the reasons why the language in the autopsy report does not clearly state that the person's death was due to improper medical care that they received in the same hospital.

An Independent Medical Review

Therefore, if you feel, your loved one has died due to some wrongdoing of the hospital or doctor; you need not give up your wrongful death case just because the autopsy report says death due to natural causes. Of course, this will be a setback, but you can hire a medical expert who can evaluate the autopsy report as a whole, and also look into the medical records of your loved one to figure out the actual cause of death.

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Created: 03 May 2015

What is Liability?

To prove liability in a wrongful death case means to show to the jury who is responsible for the person's untimely and unnatural death. Since the person is already deceased, it can be a challenging task to show what caused the premature death and that that death would not have occurred in the absence of such cause/s.

How to Prove Liability?

One of the key ways of proving liability in a wrongful death lawsuit is through an autopsy. An autopsy is an examination of a person who died, and is performed by a doctor known as a pathologist or a medical examiner. The pathologist will conduct a thorough examination of the body, and he will evaluate lab work to determine exactly why the person died. By understanding why the person died, the lawyer can go back and look at the facts and circumstances surrounding the person's death.

This way the lawyer can determine whether somebody did something wrong and whether there was any carelessness that resulted in the person's death. For instance, did the person die because of failure to recognize, diagnose, and treat the cancer? Was the death the result of a severe car accident? Why did the painter fall off the ladder? Why was a young girl walking a 120 pound pit bull that could easily break lose and be a menace to the community?

The lawyer needs to know what the facts were surrounding the person's death. Once he has this coveted information, and understands the medical records leading up to the person's death, the autopsy will help the lawyer understand exactly why the person died. Many times, the family of a person who has died prematurely is not sure whether to have an autopsy done or not. In such instances, their lawyer will discuss with them the pros and cons of having an autopsy performed.

Pros and Cons of Performing an Autopsy

Just because you do an autopsy, it does not necessarily mean it will help you. The autopsy can definitely assist you only if the findings point to any wrongdoing. However, there are many instances where the autopsy is performed and it leads to the opposite conclusion which is the absence of any wrongdoing. Hence, should you schedule an autopsy to prove liability in wrongful death case? The answer may depend entirely on the circumstances leading to your loved one's death.

It may not be impossible to succeed in proving liability in wrongful death case without an autopsy; however, in most instances it will be very difficult to convince the jury without an autopsy report. Even if your case is strong and the reason for death and wrongdoing seems obvious, the jury may not be fully satisfied that you are more likely right than wrong without an autopsy.

The autopsy report provides definitive proof about the cause of death, which then can be linked to the wrongdoing. In the absence of an autopsy report, there is always the doubt that death could have been caused by some other factors or the wrongdoing might be only partly responsible for the person's death.

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Created: 03 May 2015

Joan Rivers, a popular comedian, recently died after being taken off life support and her family members filed a wrongful death lawsuit. One of the claims made in the lawsuit was pecuniary loss, which is important to understand. Joan's death has unfortunately raised a great deal of awareness since her daughter brought a wrongful death lawsuit against the endoscopy center which caused or apparently contributed to Joan's untimely death.

Yes, this is the same daughter who made a fool out of herself and had an emotional breakdown after being rightfully fired from The Celebrity Apprentice.

What is Pecuniary Loss?

In a wrongful death case, one of the things looked at as an element of damages that a family might be able to recover is what was the financial loss to the family due to their loved one's death? Therefore, pecuniary loss means what was the financial amount that the family has now lost because the person who died is no longer able to provide financial support for the family.

How is it calculated?

Let us look at Joan's case as an example. Joan was 81 years old when she died, she was a world-renowned entertainer and comedian, and she was actively working in her lifelong career when she passed away. Joan also had career commitments she was driving towards. So what would be the pecuniary loss to her family? The money that she would have earned, had she continued to live, would amount to the pecuniary loss.

The Argument of the Defense

The defense will typically argue in such a case that since the person had significant medical problems, her life or life expectancy was clearly shortened. Based on this, she was not going to live for another twenty years or work for those twenty years, instead she might have been able to work for only the next three to five years.

This would be the typical defense's argument, and the family would counter it by saying that there are people like Betty White who continue to live a healthy life and work in their old age. Similarly, other actors and comedians are living much beyond 81 years of age and working successfully in their professions.

In the case of Joan Rivers, there were clearly defined earnings and future commitments made by companies pertaining to contracts they signed with Joan. These can be easily shown and documented to the defense. This will show her earnings and the amount her family lost because of the direct result of improper medical care. Her family can therefore include this as part of the claim they bring seeking damages for the harms and losses that the family suffered. There are other types of pecuniary losses as well, but in Joan's case, this was the main one.

Therefore, if you have lost a family member due to improper medical care or carelessness of a doctor, you could file a wrongful death case to claim damages. One of the elements of these damages is pecuniary loss, which is the financial loss you will be suffering because the departed family member is now unable to provide for the family.

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Created: 04 March 2015

Many of those who come to wrongful death attorneys in the state of New York have significant questions about who gets the money in a wrongful death case. Many times, these questions require fairly complex answers where local attorneys will look at the full context of a particular case to figure out where settlement money or other court awards will go. New York Estates In many cases, a deceased individual’s estate governs nearly all of the practical aspects of awarding any settlement money. Attorneys work through the estates as a matter of course, operating on the principle that money flows out of these entities to beneficiaries. However, in some cases, money can go directly to a family member or other party instead of into the estate. Part of this has to do with whether the individual in question has named his or her estate as the beneficiary. Potential Beneficiaries and Other Issues In New York, damages for wrongful death get distributed based on the interests of the class of entities called ‘distributees’ -- people who are basically beneficiaries. These distributees are empowered by New York's Estate Powers and Trust Law to recover money from a wrongful death case. These distributees are often the spouse or children of the individual whose estate is being reviewed in a wrongful death case. However, in some cases, they can involve other parties, such as charities. Skilled lawyers can look closely at how an estate is set up and determine where and how Power of Attorney or other factors may apply. Another complication is that legal fees may apply to wrongful death settlement money. The chronology of how legal fees are taken out is something that knowledgeable wrongful death lawyers should advise on as a matter of policy and as a service to their customers. Different Distributions for Wrongful Death and Pain and Suffering Awards Individuals should also be aware that compensation for any pain and suffering experienced prior to one’s death is distributed differently than compensation related to the wrongful death. Simply put, if an individual suffers from an accident for a period of time and then dies, the compensation for the pain and suffering before his or her death will be distributed differently than the proceeds related to the wrongful death claim. The death claim is determined by statute in New York. Such situations are very complex and are governed by the Surrogates Court. No wrongful death in New York can be settled without approval of the court and a court order. This is a very time-consuming and complicated procedure. It is important to note that insurance companies will never pay a claim in New York without a court order, even if it is agreed upon. Working With a Good Law Firm is Key Effective New York personal injury and wrongful death lawyers will work to keep clients informed about all of these technicalities in a wrongful death case. Family members need to know how awards will happen and how settlements will be distributed. Family members with questions about a wrongful death case in New York can get qualified help from the attorneys at Rosenberg, Minc, Falkoff & Wolff. We will listen to your case and review your claim, keeping you informed about your rights and how New York law applies. Get professional, dedicated NY wrongful death and personal injury lawyers on your side to help you handle all of your questions surrounding the departure of a loved one.