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Category Archives: Wrongful Death

How to Evaluate a Wrongful Death Claim

If you have lost a loved one due to the negligent or reckless actions of another individual, you may be entitled to monetary compensation for the untimely death by filing a wrongful death claim. Since many wrongful death actions typically lead to litigation, it is imperative that you hire an experienced New York wrongful death attorney to help you get the full compensation that you deserve for this tragic event. Factors Affecting Litigation of Wrongful Death Claims When a wrongful death claim is forced into litigation, the insurance company will consider various factors in evaluating the claim and ultimately agreeing …

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Do I Have to Pay Taxes on a Death Settlement ?

Under New York’s  laws, a wrongful death claim is a civil wrong or tort, which is remedied through the courts with payment of compensation or damages. The intention of the responsible party’s payment to the decedent’s estate is to right the wrong sustained. But a very real question arises as to whether the settlement is taxable under the law. Generally speaking, there are no taxes to be paid on a personal injury settlement. In New York, compensation for personal injuries and pain and suffering is tax-free. This also includes any settlements received as part of a wrongful death settlement. Exceptions …

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Gun Manufacturers Shielded From The Law

In a world of ever-increasing gun violence, it is critical to examine the root cause and source of the many gun-related violent acts that lead to the wrongful deaths of innocent victims. The New Jersey wrongful death lawyers at Gersowitz Libo & Korek, P.C. are well-aware of how gun laws can affect the families of victims, and they are dedicated to protecting the rights of gun victims and their loved ones. In the D.C. sniper shootings, victims successfully sued Bushmaster (the company that made the semi-automatic rifle used) to the tune of $2.5 million. However, since then, Congress signed into …

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Tragic Bus Accident Kills 14 in New York

A tragic New York bus accident on I-95 took the lives of 14 passengers and injured 19 others. A private bus company was hired to bring 31 people back from the Mohegan Sun. The bus  left the casino very early on Saturday morning. At approximately 5:30 AM, the bus crashed on I-95 in Westchester County, crashing through a highway sign that cut through the entire length of the bus. The bus driver suffered minor injuries  and survived the crash. Initial reports show that the bus driver claimed a tractor trailor cut him off and clipped the bus. According to an NBC  News Report, …

Posted in Accident Statistics, Bus Accidents in New York, Car Accidents in New York, Gross Negligence Cases, Wrongful Death | Tagged , , | Leave a comment

The Most Injured Victims Are Victimized By Maryland Law

Insurance companies and big business argue that other States should implement caps. They contend that caps are necessary to curtail jury awards that they believe are too high to appropriately compensate the injured party. This argument, however, is invalid.

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“Level of Awareness” of Comatose Patients Determines Damages for Pain & Suffering

This decision remains a small victory for the many individuals who remain or have been in an vegetative state or coma to seek recovery for their years of suffering. It is important for any person or family member who is interested in pursuing such a claim on behalf of the injured party to document instances of awareness, such as eye movements, crying or tearing, grabbing of hands or other purposeful movements.

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"Level of Awareness" of Comatose Patients Determines Damages for Pain & Suffering

This decision remains a small victory for the many individuals who remain or have been in an vegetative state or coma to seek recovery for their years of suffering. It is important for any person or family member who is interested in pursuing such a claim on behalf of the injured party to document instances of awareness, such as eye movements, crying or tearing, grabbing of hands or other purposeful movements.

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How Safe are Off-Label Prescriptions?

Seroquel, an anti-psychotic drug approved by the Food and Drug Administration (FDA) to treat schizophrenia, bi-polar disorders, and depression, has been on the market for years. Over the past few years, AstraZeneca, the manufacturer for Seroquel, began marketing this drug to help treat post-traumatic stress disorder (PTSD), insomnia and other conditions not approved by the FDA.

There have been atleast a half-dozen deaths among soldiers taking this drug to treat PTSD, but that number is likely grossly understated.

Isn’t it time that the FDA crack down on the off-label use of drugs as the risks seem to outweigh any potential benefit?

Posted in Dangerous Medications, Dangerous Products, Gross Negligence Cases, Medical Malpractice, Wrongful Death | Tagged , , , , , | Leave a comment

Officer Refuses CPR to Asthmatic Girl; Girl Dies at Hospital

If this officer had acted sooner and listened to the cries for help from the mother and people in the crowd, would this young girl still be alive?

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New York’s Wrongful Death Statute: A Time For Change

A History of New York’s Wrongful Death Statute In New York, individuals can bring a claim for the wrongful death of a family member as a result of the wrongful conduct of another party. Originally, at common law, this cause of action did not exist and individuals were routinely denied the opportunity to seek such redress in the courts. However, in 1847, New York became the first state in the country to enact a wrongful death statute. New York’s wrongful death law was modeled on a 19th century English statute introduced by Lord Campbell, called the Fatal Accidents Act. This …

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