Are Damages Limited or Capped in Medical Malpractice Cases?
Some states limit the amount of compensation a medical malpractice victim can recover, but that is the case in New York. Therefore, it is up to a jury to decide how much compensation a victim of medical malpractice will receive. What are Damage Caps? Damage caps in medical malpractice cases typically restrict the amount of… read more
New York Medical Malpractice Laws
New York has the following laws in place that impact medical malpractice claims and your right to pursue them. Statute of Limitations for New York Medical Malpractice Claims Under New York’s Civil Practice Law and Rules (§214-a), victims of medical malpractice have two and a half years to file a lawsuit, which typically begins on… read more
What Is Wrongful Death in New York?
When an individual unexpectedly passes away due to a preventable accident caused by another party’s negligence, it is generally considered a wrongful death. Wrongful Death Under New York Law By law (New York Estates, Powers, and Trusts Law EPT § 5-4.1), the loss of a loved one is considered wrongful if the following five elements… read more
Common Causes of Wrongful Death
The most common causes of wrongful death are preventable accidents or intentional violence that result in fatal injuries. The four most common types of wrongful death claims brought in New York include the following. Motor Vehicle Accident Wrongful Death Car accidents claimed the lives of 245 individuals in New York in 2021. More than 42,000… read more
Governor Hochul Vetos the Greiving Families Act
Release from the New York State Trial Lawyers Association on the Greiving Families Act, Fiedler Deutsch stands with NYSTLA in the continued fight for families: Today, Governor Kathy Hochul vetoed the Grieving Families Act (“GFA”), a bill that passed both houses of the New York State Legislature with overwhelming bipartisan support. This veto denies the… read more