In Case of Death Book

DEATH
IN CASE OF
HOW TO FIND YOUR WAY AFTER

YOUR LOVED ONE HAS DIED
How to find a lawyer and learn whether you have a case
Gerry Oginski, Esq.
Word Association Publishers

www.wordassociation.com
Copyright © 2009 by Gerry Oginski, Esq.
All rights reserved. No part of this book may be reproduced, stored in a

retrieval system, or transmitted by any means, electronic, mechanical,
photocopying, recording, or otherwise, without written permission from
the author.
Printed in the United States of America.
ISBN: 978-1-59571-397-1
Word Association Publishers

205 Fifth Avenue
Tarentum, Pennsylvania 15084
www.wordassociation.com
I N C A S E O F D E AT H
It happens in the blink of an eye. One moment they’re

there...the next, forever taken from us. The emotions that
flood over ourselves and our families range from sadness to
anger and hatred. Some surviving family members revert into
a shell. Others use the death as a call to action. However it
affects you and your family, it’s never easy to deal with. This
booklet helps you understand what your legal choices are, and
also how to choose a lawyer that can best help you and your
family.
As always, if there are any questions, we’re only a phone call

away, 516-487-8207.
HAVING A WILL
Many people don’t realize it, but having a will can help your
surviving family for years to come. Often, we are afraid to
confront our natural fears and even to discuss the possibility
that we will one day no longer walk the ground we so enjoy.
As a result, when a death occurs, family members are left to
wonder (and fight) over who gets what remaining asset.
Fights over money and personal assets are so common in the

legal world that it’s amazing more people don’t take the time to
get a will. A will tells the world and your family how you want
your assets distributed. Without it, the Court that oversees
death matters, the Surrogate’s Court will decide for your family
who gets the assets. If you do not have a will, call me and I can
refer you to an excellent attorney who can help you.
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IMPORTANT PAPERS YOU NEED TO FIND
Q: If a family member has died and I need to come to you for legal
advice, what documents do I need to bring to our meeting?
A: First, I want to express my condolences if that is the case.

It’s never easy when a loved one has died. It’s even more
difficult if you believe that their death was caused by
someone’s wrongdoing or carelessness.
Second, the following documents will help me to proceed

with an investigation into your case:
1. An original death certificate (the funeral home will be able

to provide this). Also, ask the funeral home for a bill
marked “paid in full.”
2. Let me know whether an autopsy has been performed. If

so, I can arrange to obtain a copy of it from the medical
examiner’s office.
3. A list (handwritten is just fine-it doesn’t need to be typed)

of the names and addresses of any doctor your loved one
saw within the last three years.
4. A list of the immediate family members, their addresses,

together with their ages, dates of birth and social security
numbers.
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5. If your loved one had a will, please bring a copy with you.
I need to know who the legal representative of the estate is.
6. If your loved one did not have a will, one of your close
family members, (you’ll choose) will need to be named as
the representative of the estate. This simply means that
that person will stand in place of your loved one. He or she
will have their name put on the litigation documents, but
importantly, that person does not receive any different or
greater share of the recovery simply because they are the
legal representative.
7. If you have copies of any medical or police records, bring

them.
8. Bring any medical insurance cards, bills and receipts from

any health insurance company about the treatment your
loved one received recently.
9. If your loved one was employed, bring copies of their tax

returns and w-2 forms from the last three years.
10. When you meet with me, bring any family members who
have knowledge or information about the specific events
that led to your loved one’s injuries and untimely death.
All of these documents assist me in promptly evaluating and

processing your matter. Any original documents are returned
to you, except for the death certificate. The Surrogate’s Court
requires an original death certificate for their file.
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So, you may want to sue...

UNDERSTANDING A
WRONGFUL DEATH LAWSUIT
In order to understand whether you can bring a wrongful

death lawsuit, you need to know that not every case is brought
within the required time; not every case has merit, and not
every case has significant damages.
“What are the criteria that you use to determine if a case is

worthy?”
In any wrongful death lawsuit, I must show that there was

wrongdoing. In legal terms that is known as ‘negligence’ or
‘carelessness’, or in a medical malpractice case, ‘medical
carelessness’. I must also show that the carelessness resulted in
harm, and I must show that the harm is significant, and in a
death case, obviously permanent.
If any one of those factors is missing, then there is no way to

successfully prove your case. There are instances where we
are able to prove there was wrongdoing, but that wrongdoing
did not cause your loved one’s injuries. There are other cases
where we can show wrongdoing and that the carelessness
caused injury, but if the injury is minor, then in all likelihood,
an experienced New York attorney will not accept your case.
The only way to truly know whether you have a valid case is
to have an experienced trial attorney investigate and evaluate
your case. In order to do that, I need to obtain all of your
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loved one’s medical records including an autopsy report- if

one was done. Once I get all of the medical records, in a
medical malpractice wrongful death matter, I am required to
retain a medical expert to review those records and confirm
whether we have a valid case. If my medical expert cannot
support our claim, then I am prohibited by law from starting
a lawsuit on your behalf. Only if the expert confirms each of
the elements needed above are we then able to start a lawsuit
on your behalf.
ELEMENTS OF A WRONGFUL DEATH CASE
In almost every death case, there is some period of time

where your loved one suffered pain as a result of the
wrongdoing. The length of time that the suffering lasted will
vary with every case. There are five elements to every
wrongful death case in New York:
1. Pain & Suffering,

2. Wrongful Death, (included within this claim is
something known as Pecuniary Loss)
3. Loss of Services
4. Past and future economic loss
5. Medical and funeral expenses
Q: What is ‘pecuniary loss’?
A: This is a term used to describe the financial loss that the

family has suffered from the death of a family member.
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If a person was earning say $30,000 per year, and they were
35 years old at the time of death, we could project over the
next 30 years how much they could expect to earn over their
working lifetime. In many cases, we use an economist to make
these projections. An economist is an expert who studies the
value of money over time.
The economist uses tables, guidelines, and generally available

statistics to help guide us in determining how much money
your loved one would have likely earned over their lifetime.
Naturally, some things can never be measured with absolute
certainty. Companies can fold or go bankrupt, people can be
fired, and their health can worsen. But on the positive side, we
also look at raises, bonuses, increased productivity and
successes, and factor that in as well.
Q: What if the person who died was not earning a living, or was
retired? Can we still claim economic loss to our family?
A: Unfortunately, the answer in New York is no. The current

law does not permit us to claim that the family suffered a
financial loss if they were not bringing in an income.
What about social security income? Usually it’s not a

significant amount, especially when most people on social
security use their monthly payments for basic necessities such
as rent, food, and clothing for themselves. There’s usually not
much left over, if anything, to spend on family members or
grandkids.
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Q: Can family members recover for time they’ve been out of work while
caring for a family member before they died?
A: The short answer is no. The longer answer is maybe. If it
was a spouse, (husband or wife) who cared for their significant
other while alive, then we can bring a claim for loss of services
for that limited time period.
If the family had to hire and pay someone to do household

chores; cook, clean, wash, etc., then we can try and claim
those expenses as well.
However, where other family members took days or weeks

off from work to help out with family tasks, the law does not
really permit us to recover those lost wages. NOR DOES
THE LAW PERMIT US TO SEEK EMOTIONAL
DAMAGES FOR THE FAMILY’S LOSS OF THEIR
LOVED ONE. This is the most tragic part of such a claim in
New York.
Your family has been devastated and you cannot recover

compensation for your emotional suffering from the death of
your loved one. If you want to change this law, write to your
congressman and senator. This is the only way this will be
changed.
Q: Why do we need an economist for my mom’s death case?
A: A economist is an expert who studies the economy and

understands what happens to money over time.
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In many cases where a loved one was working, we can show

that had they lived for the rest of their natural life, they would
be expected to earn at least the same amount of money they
were earning at the time of their death. An economist brings
his/her expertise to the case by showing that those earnings
over time, would be a significant amount of money that your
family has now been deprived of.
The economist can also make projections, such as bonuses,

benefits, increases in salary, to show what your mom could
very likely have earned if she lived a natural life. Having an
economist gives the jury a handle on the type of money your
family lost. Without these calculations and testimony, the jury
would literally have to guess and speculate- which is simply
not permitted and would not be allowed at trial.
If your mom was not working, and was instead a ‘stay-at-

home’ mom, the economist is also useful in calculating the
value of her services to your dad and the rest of your family.
Now that she’s no longer around, you might have to hire a
nanny, or house-cleaner to do some of the things that mom
used to do all the time. An economist is needed to support
this type of claim.
Can you sue your employer?
Q: My husband was a construction worker who slipped off

a scaffold at his job site. He broke his neck and died from his
injuries. Can I bring a lawsuit against his employer?
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A: No, not his employer. You can however bring a lawsuit

against the owner of the property, the general contractor and
any subcontractor that may have been involved with your
husband’s injuries and death.
HOW MUCH TIME DOES OUR FAMILY HAVE TO

START A WRONGFUL DEATH LAWSUIT IN NEW
YORK?
In New York, in a case involving wrongful death, you

generally have two years from the date of death within
which to start suit.
HOWEVER, BEWARE OF THIS WARNING-

There are exceptions to this rule!
THE TIME TO FILE A LAWSUIT MAY BE LESS IF

YOU NEED TO SUE A CITY, MUNICIPALITY OR A
CITY HOSPITAL.
In those cases, your time to file a claim (which is different than

filing a lawsuit) is generally 90 days from the date of the
incident. You would have only one year and 90 days from the
date of death within which to start a lawsuit.
There are also different time limits if you need to

sue the State of New York, the Federal Government
or even the Veterans Administration.
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WARNING!
DO NOT RELY ON ANYONE EXCEPT AN
EXPERIENCED ATTORNEY TO GUIDE YOU
WHEN DETERMINING HOW MUCH TIME YOU
HAVE TO FILE A LAWSUIT.
Why do I say this? Because on occasion, a client will call me,

or come into my office after the time to file suit has lapsed
and say “My friend said I have 4 years to file suit...” “My
mother’s girlfriend had a case, and she said I have until...”
Once the time to file a lawsuit has lapsed, there is nothing I

or anyone else can do for you. That is why it’s so important
to get good legal advice soon after the incident has happened.
AUTOPSIES
Q: What is an autopsy, and why would it help a potential

case?
A: An autopsy is an in-depth examination of a dead person,

by a doctor. The doctor who performs the examination is
usually a pathologist who looks to find the precise cause of
death. They do this by looking at all of the internal organs,
including the brain, heart, lungs, liver, kidneys, and spleen.
Each area of the body is examined for evidence that
contributed to or caused that person’s death.
In a case involving claims of wrongful death (where a person

or family has claimed that their loved one died because of
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someone else’s carelessness) having an autopsy is crucial to

proving your case. While an autopsy is vital to support such
a case, it can also shed light on the possibility that your loved
one did not die as a result of wrongdoing.
It’s a double edged sword. The autopsy could help your claim
by showing that your loved one died from wrongdoing, or it
could show that the treatment or actions that happened
before death did not play a role in causing the death.
There are also some religions that prohibit autopsies, and in

those cases, it becomes extremely difficult to prove, with a
reasonable degree of probability, that wrongdoing (such as
malpractice) caused their death. In those cases, we must rely
on other evidence to help support our claim.
I am often called upon by grieving families asking whether

an autopsy should be performed on their loved one. As in life,
there are no set answers to this crucial question. Emotions
run high following a family death; questions about improper
treatment may cloud a family’s judgment; uncertainty about
the cause of death may also add to a feeling of helplessness.
The most common case where an autopsy is performed is in

a traumatic accident. In murder or homicide cases autopsies
are always performed as the police want to know exactly what
caused the person’s death. They can usually use this
information to track the perpetrator.
In New York, if a person dies suspiciously, or within 24 hours
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of having had surgery, an autopsy will usually be performed

to determine the precise cause of death.
Let me give you an example of this in a case I handled:
A man on dialysis came home one day and was found later by
his wife in his bathroom having bled to death. The walls were
covered with blood and there were open bandages all over
the floor. An autopsy was able to confirm that the man’s shunt
(the place where the dialysis needle was put into his arm each
session) had gotten infected and progressively got larger with
each session. Nobody recognized that he was starting to bleed
when he left the dialysis center. Unfortunately, when he
arrived home, the shunt ruptured and since it was connected
to an artery, blood shot out all over the bathroom, creating
what looked like a murder scene. It was only through the
autopsy that we were able to prove that the reason the shunt
broke down was because it had been infected for a long time.
Despite the patient complaining to the nurse about pain in
the shunt, the nurse never brought it to the attention of a
doctor. Had she done so, the patient could have been treated,
and if needed, had surgery to create another shunt and close
this one down.
Autopsies are usually performed by the County Medical

Examiner. In the five boroughs of New York City, Brooklyn,
Bronx, Queens, Manhattan and Staten Island, autopsies are
performed by the New York City Medical Examiner’s Office.
In Nassau, it’s the Nassau County Medical Examiner, and in
Suffolk, it’s the Suffolk County Medical Examiner.
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YOU SUSPECT FOUL PLAY
You’re Loved One’s Died–You Suspect Foul Play. When

you’re at the hospital and the emergency room doctor tells
you your 50 year-old husband just died after collapsing at
work, you want answers.
An autopsy investigation reveals that your husband had a

leaking aortic aneurysm (a weakened blood vessel) that
ruptured. You remember that your husband had complained
of increasing back pain for the last few weeks, and a visit to
his primary care doctor resulted in a prescription only for
muscle relaxants. You then learn that if your husband had
the aneurysm detected, it could have been treated electively,
and he’d have lived a long healthy life. Now you want even
more answers.
After learning this information, family members often point

a finger at those close to the victim. The guilt surfaces rapidly.
“Why didn’t you do more to help?” “Why didn’t you make
him go to the doctor again?” “Why didn’t you take him to
the hospital?” Doing nothing simply causes the unanswered
questions to linger, fester and build steam.
When a family member dies unrelated to any accident, we all

want to know, “Why?” Since we can’t look into a body and
determine the cause of death, we look to doctors who
perform an examination of the body after death. This is
called an autopsy. These doctors are called pathologists, or
medical examiners.
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The doctor literally opens up and looks inside and

investigates. The medical examiner is supposed to look at
each of our body systems, circulation (heart, arteries, veins),
respiration (lungs, mouth, trachea), renal (kidneys, ureters,
urethra)...literally all of our internal organs and our external
organs.
By the end of the examination, the doctor reaches

conclusions about the cause of death. Since we are a
generally litigious society, many medical examiners are
mindful of being blunt and pointing fingers at a culprit who
may have caused a person’s death. However, in their own
subtle way, a medical examiner can and often indicates the
precise reason for your loved one’s death.
Once you know why your loved one died, it is often possible
to work backwards and review his condition in the weeks and
months leading up to his death. Medical records are
invaluable, as are doctor visits made close in time to the death.
The questions that a good medical malpractice lawyer always
wants to know are:
1. What do you think was done wrong,

2. That caused or contributed to his death?
In a medical malpractice case, I also want to know if there

was misdiagnosis that should have been detected, and if so,
did the delay in diagnosis cause or contribute to his death?
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Finally, a good lawyer wants to know, if the condition had

been detected and treated earlier, would the outcome be
different? In other words, would his death have been
preventable?
If the answer is ‘yes’ to each of these questions, and if a

medical expert has confirmed each of those crucial elements
to prove your case, then and only then can we proceed
forward with a lawsuit on your family’s behalf.
A medical expert needs to put all the pieces of the puzzle

together to answer all of your “WHY” questions. Hospital
records, doctor’s visits, interviews with family members, and
the autopsy report are all part of the puzzle.
Sitting around doing nothing solves nothing. Getting answers

when your loved one dies is crucial- especially when you
suspect foul play or wrongdoing.
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HOW TO CHOOSE A
WRONGFUL DEATH LAWYER
Your friend gives you a name...you see an advertisement in the

newspaper...you look in the yellow pages...who do you call? Who is the
best lawyer for your problem?
10 Things You Absolutely Need to Know to Start a

Lawsuit
1. Lawsuits seek to compensate you for your injuries.

They compensate you for:
1. Your lost wages, and your future lost wages,
2. Your medical expenses, both past and future, and
3. Your pain and the suffering it caused in the past, and
for the future
2. Lawsuits do not directly seek to harm anyone’s reputation.
3. A doctor who is sued will not lose their medical license if

the lawsuit is successful.
4. A lawsuit attempts to compensate the injured victim, and

at the same time, try to ensure that the same type of bad
treatment is not repeated in another patient.
5. “A lawsuit is not a lottery.”
• This phrase is often used by defense attorneys during

jury selection to remind jurors that their job is not
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simply to allow the injured victim to ‘hit it big’ and

award huge amounts of unjustified money.
• A more realistic approach to a lawsuit is for reasonable,

full and fair compensation to allow you to recover all of
your past and future expenses, and all of your past and
future pain and suffering compensation.
6. You don’t have to pay any money upfront to an attorney to

handle your case. There is no ‘hourly fee’.
• Medical Malpractice and injury cases are generally
handled on contingency.
• That means that the attorney fee depends upon you

winning your case. If you lose, the attorney loses as well,
and receives no fee.
• The expenses that the attorney pays to prosecute your

case are technically supposed to be repaid by the client
in the event the case is lost. However, as a personal
matter, I have never asked a client to reimburse me for
my expenses if I lose a case. It just doesn’t make sense to
do so, and in my personal opinion, it’s bad business.
However, some attorneys do require this, so make sure
you ask first before you make your decision.
7. Not every attorney has the same experience.
• Ask your attorney how many years he’s been in practice,
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• Ask the attorney what percentage of medical

malpractice, wrongful death or accident cases he
handles compared to other types of cases,
• Ask whether he/she tries cases in the Supreme Court

(it’s the trial level court for New York,
• Ask whether he’s ever lost a case;
• If he tries cases, and claims he’s never lost a case…I’d

suggest either that the attorney is not being accurate, or
simply only accepts clear-cut cases that he cannot lose-
that’s extremely rare.
• The majority of trial attorneys will have lost a case from

time to time. Unfortunately, it’s the nature of the beast.
• Ask whether the attorney you meet with will be the one
handling your case on a day to day basis. If not, who
will be your attorney? Whom will you call with
questions? How quickly will the attorney call me back?
How often can you expect to receive correspondence
from the attorney about the status of your case?
8. A lawsuit takes time to come to a conclusion. The average

time is 2-3 years from start to finish.
9. How often do I have to come into the attorney’s office

during this time?
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• Once to meet the attorney in an initial meeting,
• Once to sign documents that start your lawsuit (often

this can be done by mail),
• Once to have your deposition (where you are asked

questions by the other side’s attorney),
• At least once to prepare you for trial, and sometimes two

or three additional times to prepare you.
10. As in life, there are no guarantees to winning. However,

with good experienced counsel and thorough
preparation, you stand a much better chance of being
fully informed about your prospects and achieving a good
result.
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9 Facts Your New York Wrongful Death

Attorney May Not Tell You
1. Your lawsuit is not guaranteed to win or get you

money. Even with a good experienced attorney,
you may still lose.
• This is true whether you have a great case, or a bad case.
• No one can predict the outcome of your case, even if

you have all of your ‘ducks lined up’.
• An experienced attorney is a guide and your advocate.

He will do the best he can to achieve victory for you.
However, not every case is worthy of winning, and not
every case is successful. Even an attorney with an
impressive list of wins to his credit can tell you of cases
that he has lost. Unfortunately, that’s the risk that all
parties take when a case goes to trial.
2. The true value of your case is unknown until

every detail of your case has been evaluated by
experts.
• At the beginning of the case, your attorney must obtain

all of your medical records.
• He must evaluate liability in your case.
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• He must review all medicals and liability.
• He then must have his expert(s) evaluate your case, from

top to bottom.
• He must do legal research to see what similar cases have

settled for and what verdicts have been rendered in
similar cases.
• He needs to do a search of appellate cases to see how

the appeals courts have addressed these types of injuries.
• He needs to know what economic losses you have

suffered and what your doctors believe you will need for
your future years.
3. You (the client) are obligated to pay me back for

my litigation expenses, even if you lose your case.
This is true. However, most lawyers in New York who handle

medical malpractice and personal injury do not ask the client
to be repaid for all of their litigation expenses if the case is
lost. This rule was recently changed and now says that a
lawyer is no longer required to collect their expenses if they
lose the case.
Can you imagine the indignity to a client after losing a trial,

to be told, “By the way, you now owe me $25,000 for my
expenses?”
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4. If you have health insurance, and health

insurance paid for your medical bills, in all
likelihood, you will be required to reimburse your
health insurance company most of those
bills...from YOUR share of the settlement, not
the attorney’s share.
The reason is simple – Since you were the one who benefited
from your health insurance company paying your bills (of
course you paid those hefty premiums for this benefit) any
money you recover, is repaid directly from your share.
Your share- that means that you don’t get your money until
your insurance company gets their share first. Then and only
then will you receive your settlement check.
5. If your lawyer screws up your case or makes a

mistake, he is obligated to disclose the mistake to
you and advise you to either file a claim against
his insurance company, or advise you to seek
counsel with another attorney.
The reason this disclosure is advocated is that if a lawyer

screws up, the client will usually not know of the problem
until much later. By that time, it may be too late to file a claim
against the attorney.
The attorney is not supposed to gain or shield himself from

such legal wrongdoing.
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If you make a mistake, own up to it. Tell the client about it.
Advise them of their rights at that point.
6. All lawyers in New York are required to take

continuing legal education classes to keep up to
date on legal changes.
It makes sense. You don’t want to have a lawyer who’s ‘out

of touch’ with what the law is, you want someone who is
current on the law, and how it applies to your case.
Generally, a lawyer is required to take 24 credits of classes

over a two year period.
7. “Let’s sue everyone we can think of, then we’ll

figure out who’s really responsible later.”
If this is your attorney telling you this, I’d think twice about
his or her ability and ethical obligations.
If a lawsuit is started against someone without having a valid

basis to do so, this could be considered frivolous litigation,
and might subject the attorney and client to sanctions and
fines. Make sure you know who you’re suing and why.
8. If you lie about the facts of your case, or about

the extent of your injuries, I am out of here.
If I find out that you have lied about material items

concerning liability or damages, I will be first on line in Court
asking to be removed from your case.
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You must tell the truth about what happened to you, and how
your injuries have disabled you.
9. Even though I tell you I pay all of the litigation

expenses, there may come a time when I might
ask you to pay for them, otherwise I will not
continue on your case.
The lawyer says he pays all expenses on his dime.
At the end of the case, when and if money is obtained for

you, the lawyer is reimbursed for his expenses.
In a few rare instances I have seen an attorney ask the client

to directly pay for their experts to come into trial, since new
information indicates that the chances of winning the case
are slim to none. In those cases, the attorney wanted to cut his
losses and told the client, if you don’t pay for the experts
yourselves, “I’m asking the Court to release me as your
attorney.”
The bottom line – ask your lawyer whether this might ever
happen.
Comment: I hope this article has opened your eyes to certain facts that need
to be addressed with any New York attorney you choose to handle your
injury case. Remember, the more information you have, the better choices
you’ll make.
If you have any questions, please feel free to call Gerry (at no obligation
or expense to you) at 516-487-8207.
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Learn the top 10 things you need to know

when choosing a wrongful death attorney
Not knowing where to turn, who to trust and what to do

about your legal rights is frustrating.
Most people will never need a wrongful death lawyer. That’s

good. Most people will never need a personal injury lawyer,
and that’s good too. But there are folks who die because of
someone else’s fault, and their families are the ones who DO
need an attorney.
Maybe you know of a friend of a cousin who was related to

someone who knew an attorney. You could call him to ask
questions about your loved one’s untimely death. Maybe you
could look in the Yellow Pages and call someone who has a
big ad. Maybe you could walk into a storefront lawyer’s office
right off the street. Maybe you could call the 800 number on
a billboard you saw. You could do all of these things and
maybe you’d be ok. Then again, maybe not.
The purpose of this article is to provide you, the consumer,

with information about what you need to know BEFORE you
ever step into a lawyer’s office. I know some lawyers who want
to wait till the client gets into their office to explain to them
their options. This way they can show off how brilliant they
are – and maybe they are. But why not give the client
information about how to choose an attorney, and let the
client make their own choice about who to use.
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But, how do you choose among the many lawyers who

advertise for your attention? The answer is not an easy one.
Remember, not every lawyer advertises. Of those that do, not
all of them are trial lawyers. You must ask.
So, here are the top ten most important things you need to
look for in a medical malpractice or personal injury lawyer:
1. Experience
How many years has the lawyer been in practice? The greater
experience, the greater likelihood this lawyer has seen cases
like yours, and knows how to handle your case.
2. What type of firm does the lawyer have?
Is he part of a big law firm, or is he a solo practitioner? Just

because the lawyer works in a big firm doesn’t necessarily
mean it’s better for you. Likewise, just because an attorney is
a solo practitioner doesn’t mean he’s not capable of
successfully handling your case.
There are many advantages to using a solo practitioner- you

get individual, personalized attention; an attorney who knows
everything about your case; an attorney who returns your
calls promptly; and someone who doesn’t take on more cases
than he can manage.
With a large firm you might have multiple attorneys handling

different aspects of your case; different attorneys appearing in
28
Court for conferences; your phone calls may not be returned

as quickly as you’d like- but at the same time a large firm
might have more resources than a solo practitioner such as
paralegals and associates.
Ask your prospective lawyer whether he delegates his work to

his junior people, or does he do it all himself ? Does he return
your calls, or does the junior lawyer call you instead? Does
the paralegal do all the paperwork, or does a lawyer do it?
3. Where is the lawyer’s office?
This is important only for people who are solely concerned

about convenience. Some lawyers have multiple offices. If
you’re concerned about going to someone whose office is in
the City, and you live in the suburbs, keep in mind that most
likely, you will not need to physically go to his office more
than a few times. He should be readily available by phone or
email.
If traveling to an attorney’s office is still a concern, ask

whether the lawyer can travel to your home. Most attorneys
will do this if you are physically unable to travel. However, if
the client is simply reluctant to travel, then there is a very
important reason to have the prospective client come to the
lawyer’s office: (1) To see how the lawyer operates, and (2) So
the lawyer can see how the client adjusts to being in an
unfamiliar setting. This last part is vitally important to an
attorney who evaluates you as a potential witness at trial.
29
4. Do you email clients?
Do you send regular updates by letter or email? If I have a

quick question, can I email you instead of calling you on the
phone?
5. “When my case comes up for a deposition (a question and answer

session with your lawyer and the lawyers for the people you have sued) will
you be there with me, or will I have one of your junior associates?”
This is very important. You’re hiring a lawyer. Some people

hire a law firm and don’t care who works on their case. An
injured victim SHOULD care, because they want to be
treated with respect and attention they deserve. In some firms,
the lawyer you meet with will not be the one who appears at
your deposition with you. In fact, depending on how busy the
law firm is, it’s possible that the lawyer you meet with may
not even try your case!
That’s why you’ve got to ask: “Will you be there at my

deposition?”
6. “When my case comes up for trial, will you be there with me, or will
I have one of your junior associates?”
Again, this is a very important question. The lawyer you get

to know at your first office visit may not be the lawyer who
tries your case. You may only get to meet your trial lawyer a
few months before your trial starts. I know many people who
don’t like that approach to lawyering, and others simply don’t
30
care. As an injured victim looking for a lawyer to represent

their interests, I can only suggest that you should care.
However, keep in mind that there are law firms in New York,
and elsewhere, that have dedicated trial lawyers. Their job is
ONLY to try cases. Their other partners or associates handle
the other parts of your case. In some other firms, you get one
attorney and he (or she) handles your case from start to finish.
Find out from your prospective attorney which one you can
expect.
7. ASK THIS QUESTION TO EVERY ATTORNEY YOU

SPEAK TO: How much is my case worth?
Why? Because there are some attorneys who will claim on

your very first visit that your case is worth a ton of money-
some even say “Millions!” Others are not so cavalier, and take
a more cautious approach.
If a lawyer tells you your case is worth Millions, ask him to put
that in writing. Why? Because no lawyer can promise or
guarantee any outcome to a client. Watch what happens
when you ask that lawyer to put his ‘guarantee’ in writing.
He’ll quickly backtrack and make some excuse for not putting
it in writing. Be careful of an attorney who makes such
promises without thoroughly knowing all the facts of your
case, and without having reviewed your records.
8. What are your success stories? What’s your record?
31
It’s important to know how an attorney has done in the past

on other types of cases. What results has he achieved recently?
Obviously every case is different. But you still need to know

whether he’s ever achieved large settlements or verdicts. If
the biggest case he ever handled was small claims court, then
maybe this attorney isn’t right for your type of case.
9. Does he have a web site? Does he advertise?
Does he have a presence on the internet? Why is this

important? You want to know what type of material he has on
his website. Is it a basic information card with bland material,
or does he provide a reader with important information they
need to know to educate them BEFORE they ever call him or
walk into his office.
10. Does the lawyer offer a prospective client free reports to educate them
about their options BEFORE, they ever call?
Ask if they have free reports about your type of case. Not
some canned brochure that anyone can stamp their name on,
but a real substantial report that discusses your type of case.
Can the reports be obtained directly from the lawyer’s
website, or by calling his office for a copy?
Knowing this information will make you a better informed

consumer. Hiring a lawyer is an important part of learning
about your legal rights. Ask lots of questions and trust your
instincts about any lawyer you speak to. Good luck.
32
Learn what top 5 items will get your medical

malpractice wrongful death case rejected by
a New York Wrongful Death Attorney
1. We can’t prove the doctor did something wrong.
What do I mean? In order to prove a medical malpractice

wrongful death case in New York, your lawyer must prove
that your doctor or hospital departed from good medical care.
Well, how do you prove that? By having a medical expert
review your records and determine that there were departures
from good care.
2. We can’t prove that the wrongdoing caused injury.
In New York, we must show not only that there was wrongdoing
(departures from good care) but also that the wrongdoing caused
injury. Again, this must be proven by a medical expert who has
reviewed all of your medical records. If this element is missing,
we cannot successfully prove your case.
3. We can’t prove that your loved one’s death was caused by wrongdoing.
4. You have lied about important facts in your case or your past.
If you lie to your attorney, and he finds out about it, in all
likelihood, he will not accept your case. Honesty is the utmost
of importance. If you feel you have certain information you
don’t want to disclose to him that’s one thing. But to actively
lie about past lawsuits or events that happened is a big no-no.
33
Your attorney is obligated to keep your information

confidential. Hold him to that obligation.
5. You insist on running the show and tying the attorney’s hands by
insisting what he can and cannot do.
This is the ‘kiss of death’ for a case. Where the client believes
they know more than the attorney and knows best how to
develop strategy in their case. In a lawsuit, your attorney is
your legal advisor. He provides you with the best legal options
available to you, and together you should be able to make the
best choices for your case.
There are instances where the client will demand that the
attorney do things that either are not proper, or unfounded,
that if done would ruin your case. Remember, you must have
faith and trust in your attorney. If not, then you might want
to look for another lawyer to represent you.
These are five of the main reasons why your medical

malpractice wrongful death case will be rejected by a New
York Wrongful Death Attorney.
__________________
Q: Are all injury and malpractice lawyers trial

lawyers?
A: No. There are many lawyers who handle accident and

malpractice cases and never try a case. In the trade these
lawyers are sometimes called ‘inside lawyers’ or ‘paper
34
lawyers’. They handle the file and any paperwork associated

with the case. When it comes time to appear in Court for trial
conferences or for trial, that same attorney may not handle
your case. Instead, there may be a ‘trial man’ or ‘trial woman’
or a ‘trial attorney’ in that law firm who handles the trials that
come up. When you speak to an attorney about handling your
case, please ask them whether they are the one who will be
trying your case if your case goes all the way to trial. You
might be surprised at the answer.
Q: I was looking in the yellow pages for an attorney-

I’m so confused! There are so many ads and they all
say the same thing. How do I choose the right one
for me?
A: When you look in the yellow pages for an attorney, keep in

mind that not all lawyers advertise. Of those that do,
remember that the lawyer that pays the most for the biggest
ad, is placed at the front of the lawyers section. Does that
mean that he or she is the best lawyer for you? Not always.
Look critically at the ad. Is the ad telling you how great the
lawyers and the firm are? Or are they explaining to you how
they can help you and answer all your questions? Is the ad
filled with corny photos and cartoons showing injured people
and crashed-up cars? Or how about a person in a wheelchair
holding up a really large check for a lot of money?
Did you know that the State Bar Association frowns on

lawyers with ads that show injured people holding up checks,
or even sitting with a pile of cash. In fact it’s not even ethical
35
to have such an ad, since it would imply that the lawyer can
get this type of result for every client. While that might be
nice to do, in reality it doesn’t happen all the time. The State
Bar doesn’t want unsuspecting and unknowing members of
the public to be lured into such an ad with misleading
advertising. Lawyer ads must abide by State rules that govern
them. Remember, it’s not always the largest ad that’s going
to catch your eye.
Many lawyers think that with a larger ad, the consumer

probably thinks that he is the best because they have the
largest ad. Not true. It simply means that they paid for the
biggest ad, and got the first placement. What about those
other full page ads for lawyers that come after the first one?
Aren’t they just as good (or bad) as the others? Could be. But
you shouldn’t judge how good an attorney is just by the size
or graphics in an ad. There are ads in many yellow pages that
fill not one, but two full size pages, or even four full-sized
pages! It costs an absolute fortune to do this. But some
consumers may think that if a lawyer can afford to pay such
large amounts of money to the yellow pages to attract clients,
then he must be doing something right. Again, this is not
necessarily true. There is a school of thought that says, “I only
need one good case to pay for my ad for the year. If I bring
in a minimum of two cases, then the ad has already paid for
itself.” Interesting thought. But what if the ad doesn’t pull in
any clients? Then the investment didn’t pay off.
To answer your question: What to look for? An ad that gives

you answers; that explains the process to you; that tells you the
36
firm won’t hesitate to explain everything you ask; and gives

you the information for free. See if they offer you free reports
filled with useful information BEFORE you ever step into the
lawyer’s office. Take a look at their website and see what type
of special free reports they give you; or what types of
questions and answers they provide. Do they offer free
instructional videos you can watch to explain how lawsuits
like yours work? Then make your own informed decision and
call the attorney you feel will provide you will the best
assistance- not just how big the ad is.
Q: Top 10 Reasons Why You Won’t Find A New York

Injury Lawyer In The Yellow Pages
A: Open any yellow pages book in New York under the

heading ‘lawyer’ and you’ll be immediately bombarded with
every type of injury and claim you could ever make. Full page
ads, double page ads, blazing color, unsightly photos,
screaming bold headlines…how does an injured victim
choose a lawyer among all this clutter?
Here’s a sampling of statements found in current yellow pages

ads in the New York Metropolitan area: “Tough, aggressive,
experienced.” What does this mean? That you’re a pit bull who
knows how to bark and bite? “Serious trial lawyers for the seriously
injured.” What does this mean? That if you’re not seriously
injured you need a trial lawyer who’s not serious? “Over 70
years combined experience.” What this means is that each attorney
has limited experience, but if you pool everybody’s
experience together, we can make is seem like we’ve been
37
around for hundreds of years. “Special consideration for senior

citizens.” This is an obvious play for cases involving elderly
people. Just what special consideration would this firm give to
senior citizens that it doesn’t give to all its’ clients?
“Experienced in obtaining large cash awards quickly.” Does this mean

that this firm never takes cases to trial? The only large awards
that are resolved quickly are clear cut on liability, causation
and damages. Do I want an attorney who is experienced in
obtaining large cash awards slowly? What’s the rush? If I
rush, isn’t there a good chance that I’ll get less money for my
injuries than I deserve? “You made a mistake once, now choose the
right lawyer.” Guess what type of law this firm practices?
Divorce. “Get the money you deserve!” OK, sign me up and show
me the money. What if I deserve more than you can get for
me? “Call the law firm that never sleeps.” That’s an interesting
way to distinguish oneself. Being up 24 hours a day, bleary
eyed, and tired? If you never sleep, how can you adequately
represent injured victims? Photo of lawyer holding briefcase
in one hand, large cardboard check in other, smiling. Client,
on crutches, in a leg cast, looking with total glee at the
cardboard check, with her hands open wide as if to exclaim
“WOW!” Give me a break. Believe it or not, this violates the
disciplinary rules in the State of New York. It’s a no-no.
How about an ad without any name, or address, just an 800

phone number? No good. Violates the rules. Would you call
a ‘no-name’ law firm? All these ads make you feel rushed to
get your cash. Sort of makes you feel “lucky” you got hurt,
38
doesn’t it? So, with all of these great lawyer ads, how does a
consumer who’s been injured pick the right one? Do you have
to call each and every one? That would be extremely time
consuming and not very effective. Do you trust the firm
because they show pictures of crashed cars and an ambulance
nearby? How about the photo of a worker falling in mid-air
from a scaffold? Can you relate to him? Maybe you can relate
to the photo of the elderly woman slipping on ice and another
photo of her lying on a stretcher in the hospital?
Do these illustrations and photos make you all warm and

fuzzy about the law firm you’re about to call? I personally
don’t think so. Here’s the top 10 reasons you won’t find a New
York Injury Lawyer from an ad in the yellow pages:
1. You can’t tell one ad apart from the other.
2. The lawyer ads all say the same thing. “Call me,”
“Personal attention,” “Large Cash Awards,” “Lots of
experience,” “Pick me, ooh, pick me!”
3. Many ads scream at you, without telling you how they
can help.
4. Do you call a firm just because they have a larger ad
than someone 20 pages into the book?
5. Every ad says that I can talk to a lawyer for free, but
what are the fees to handle my case? None of the ads
talk about that.
6. Who pays the legal expenses if I don’t win my case?
Many ads don’t tell you.
7. How do I know if one attorney is any better than the
other? I can’t tell just from an ad.
8. Aren’t these ads just trying to sell me their services? “I
39
don’t want a salesman, I want a lawyer who knows

how to guide me through the legal system.”
9.I don’t want to go through 40 pages worth of yellow
pages ads-I need help now. Maybe I’ll go online instead.
Importantly, ask yourself this key question:
10. Do you really want to pick a lawyer the way you

choose a plumber?
_________________
Q: How come on your website, you have over 250

frequently asked questions and answers, and most
other lawyer websites have only a few or none?
A: Good question. I don’t know why most lawyer websites

don’t give readers much information. My feeling is that you,
the consumer, should have as much information as possible to
help you understand your options. Only by learning about
your rights and learning about the subject can you make an
informed decision about what you need to do. In my opinion,
a consumer should have this information BEFORE he or she
ever walks into a lawyer’s office. That’s why I have so many
frequently asked questions and answers-to help you learn and
understand how wrongful death cases work in New York.
Q: In a death case, how do I know that everything is

being done appropriately?
40
A: In New York, the Courts oversee all lawsuits and must

approve any settlement involving a death case.
After a death case has settled, I must apply to the Court for
permission to formally settle the case. If the Court does not
approve of the settlement then I cannot settle the case, and
we must attempt to remedy the problem immediately. [In 20
years of practice, I have not had any Court refuse to sign a
settlement that I have recommended and the Client accepted-
but I have seen it done to other attorneys.]
The Court reviews a large packet of materials in support of

the proposed settlement to make sure everything is correct,
and all documentation about expenses, calculations,
allocation of monies and the proper parties are reviewed.
Only upon receiving the Courts’ approval, are we permitted
to finalize your settlement.
___________________
41
Money
Q: When you settle a death case, how soon can the family
obtain the settlement money?
A: The quick answer is soon. The longer answer is, ‘it

depends.’
In a death case, I have to prepare papers to let the Surrogate’s

Court (that’s the court that is responsible for overseeing a
person’s estate) know what is happening. I have to let them
know about the settlement, and I have to include many
supporting documents showing and explaining why a case
has settled for the amount it did.
Some of the supporting papers include:

1. An affidavit from the person who represents the estate
(usually a family member),
2. An affirmation from the attorney explaining in detail
how and why this settlement is appropriate,
3. An accounting that shows exactly how much money
was spent on your case, and what the attorney’s fees
are, and what monies are to be distributed,
4. Funeral bills,
5. Liens (a promise to re-pay Medicare or Medicaid, for
example),
6. A document called a ‘Waiver & Consent’, which means
that each family member who is entitled to receive a
share of the money agrees to the proposed settlement
and distribution.
42
These are the main documents that must be sent to the Court.
Depending upon how quickly we can prepare them, and send
them to the family members for signature and get them
returned will determine how quickly we can get file them with
the Court for approval.
In some cases, a family member might not be able to be

located, and this will inevitably delay getting final approval. In
other cases, a family member might not agree to the
settlement or the way in which we propose to divide the
settlement proceeds. In that instance, that family member
must object to our papers, and the Court will hold a hearing
on this issue. Again, this will delay the final approval of the
settlement.
In addition to the procedure described above, there is a new

provision in the Surrogate’s law that allows the attorney to
apply to the Trial Court where the case was settled to process
the settlement documents. The attorney asks the Courts’
permission to obtain the settlement monies, and if approved,
the money is deposited into an interest-bearing escrow account.
From that amount, the attorney’s fee and his expenses can be
paid, together with any other immediate expenses that the
family members have incurred (such as funeral bills and/or
medical bills).
Once that happens, the matter transfers back to the

Surrogate’s Court where we must ask for final approval for
distribution of the settlement proceeds.
43
The final answer is that the attorney will process the

paperwork as quickly as possible and submit the necessary
papers to both the Trial Court and the Surrogate’s Court,
assuming there is no delay in getting the papers back from
the family members. There is always the possibility that
despite the best intentions of the family members and the
attorney, a court clerk deems the papers to be inadequate or
missing information.
In that case, the additional paperwork must be obtained and

completed and again submitted to the Court. Once all papers
have been successfully submitted to the Court, the Trial Court
has 60 days to either agree or disagree with the settlement.
The Surrogate’s Court on the other hand does not have a
fixed amount of time within which to provide final approval.
Most Surrogate’s Courts do make efforts to finalize these

matters, knowing that family members are expectant and
anxious to conclude these legal proceedings.
Once the Surrogate’s Court has approved the settlement, all

final closing papers are submitted to the insurance company,
and they must make payment within 3 weeks (if they haven’t
already made payment, and that money is sitting in an
interest-bearing escrow account).
44
15 Key Deposition Techniques in a Medical

Malpractice Case
QUESTIONS TO ASK THE DEFENDANT DOCTOR
WARNING: Preparation is the entire key to a doctor’s

deposition. You must spend countless hours reviewing the
entire file, reviewing all the medical records, notes and entries
in the chart. You must know and review your theory of
liability, causation and damages before you begin to review
the file. You must keep track of anything in the chart that will
help you in your quest to prove each element of liability,
causation and damages.
1. Most lawyers ask the same boring questions at the

beginning of every deposition:
• State your name and address
• State your qualifications, pedigree, schooling, etc.
Comment: OK, this is fine, but very boring and very expected
by defense counsel and the doctor. Mix it up a bit. I advocate
never starting a doctor’s deposition this way. Why not go right
to the heart of the case with the very first question? You can
always get the doctor’s credentials later or at the end. Besides,
the credentials are usually found online or in a curriculum
vitae, and don’t help except to establish where he went to
school and whether he‘s board certified in any specialty. On
more than one occasion the doctor has been disoriented by
this approach. They are usually prepared for questions in a
lock-step manner and do not expect something so unusual,
45
but legally permissible set of questions right off the bat.

2. Go ahead- ask why they operated on the wrong side of the
brain as your first question. “Objection, no foundation,” says
the defense attorney. “So where does it say in the CPLR I
need to lay a foundation question?” Despite this exchange of
‘ideas’, if you get such an objection, then simply ask:
• “Didn’t you operate on my client on this date?”
• “Isn’t it true you operated on the wrong leg?”
• “Why?”
3. I always advocate asking the ‘why’ question at deposition.

It is much better to know the reasons why a doctor did or
didn’t so something now, rather than save the question for
trial. At trial, the reason may be devastating to our case, and
if so, I want to know about it now. Besides, when you question
a doctor at trial, as an adverse witness, you never want to ask
a question in which you don’t know the answer. If you do,
you subject yourself, your client and your case to inherent
risks that could jeopardize the case.
4. Make the doctor read his notes into the record. This is
important for anyone who is trying to decipher the doctor’s
handwriting later on. Your expert will definitely need to know
whether the scribble is important, and the only way to do that
is if the doctor explains, on the record, what his scribble
means.
5. Be polite. At all times. You can’t imagine how many lawyers

don’t listen to this recommendation. They think they know it
all, are sarcastic, belligerent, annoying, and really annoy
46
everybody in the room. The doctor’s attitude in responding

changes as well. No longer is the doctor as verbose. No longer
does the doctor look like the perpetrator. Rather, he might
begin to look like a victim if attacks against him and his
credibility are kept up.
6. You can still make all your points without being hostile,
angry, yelling or screaming. The old saying ‘you get more with
honey than with vinegar’ speaks volumes. Naturally, you’re
not going to bend over and sweet talk your way to getting the
doctor’s admissions about how he screwed up. But, the key is
being professional and knowledgeable. You gain more respect
from your adversary–(don’t worry about respect or lack of it
from the doctor) by being respectful than you do if you are
antagonistic.
7. There are times when you want to rile the physician. You
want to know if you can push his buttons. You want to know
how easily it is to rankle his composure. If it’s easy to do at
deposition, your trial strategy toward this witness just got that
much easier.
8. Find out about conversations the doctor had with the

patient, family members and other doctors. Remember,
conversations are rarely recorded in a hospital record. Make
sure you ask the doctor to confirm or deny comments that
your client has testified about. Most often, the doctor will
claim they no longer recall the conversation. But, if your
client does, it’s much more possible that the conversation
occurred. If the doctor denies making certain comments,
47
then you know you have different facts about the same
conversation, and a jury will have to ultimately decide who is
telling the truth.
9. Ask whether the doctor has ever had his license to practice
medicine suspended and/or revoked.
• Ask whether their hospital privileges have ever been
suspended or provoked.
• Always ask whether the doctor has given testimony
before.
• Ask whether it was an expert for plaintiff or defendant
• Ask whether they were a treating physician
• Ask what type of case it was, and the name of the case
• Ask whether they were paid for their time in Court to
testify in that matter
10. In New York, in a medical malpractice deposition, you

must ask opinion questions. The doctor–as a defendant is
required to answer ‘expert’ questions and give answers about
his medical opinions.
• Do you have an opinion, with a reasonable degree of
medical probability whether the treatment rendered to
Mrs. X was appropriate and within the standard of
care?
• If you have an opinion, what is that opinion?
• Confront the doctor with other opinions in the medical
community that disagree with his school of thought and
ask what he thinks of those opinions.
• Ask the doctor to admit to certain facts–Here’s an
example:
48
• Isn’t it true the patient got Ex-lax at 10 p.m.?

• Isn’t it true that patients with colon tumors shouldn’t get
ex-lax?
• Are there any circumstances when you would prescribe
this medication for a patient who had this tumor?
• Would you agree that if the patient got ex-lax at 10 pm
that would be a departure from good care?
• Would you agree that the only reason the patient
suffered injury was because she got ex-lax at 10 pm?
• Would you agree that had she not gotten the ex-lax at 10
pm, she wouldn’t have suffered the bowel perforation?
11. Make sure you rule out other potential causes of injury
besides the malpractice that you are claiming occurred here.
The reason you do this is to learn the potential defense to
your case. The defense will always come up with some
explanation as to why your argument is not valid. Better you
should learn it during the deposition than to head to trial
without knowing what their defense will be.
12. Ask many open ended questions. Ask who/ what/ where/
when/ why/ how. By doing this, you will get the doctor to
talk and explain. If the doctor’s is going on and on without
directly answering the question- and his attorney is letting
him- that’s ok. Let him keep talking; you might actually get
some useful information. When he stops talking simply say
“Maybe my question wasn’t clear doctor. What I was looking
for was....can you answer that question?” Always take the
blame if the doctor says the question is not clear. Don’t
respond to him by asking “What didn’t you understand about
49
my English language question?”

13. Ask about medical definitions.
• What is an endocervical curettage?
• What is a myocardial infarction?
• What is hypoxia?
• Ask whether these definitions are commonly accepted
within the medical community, or whether there are
other schools of accepted definitions.
14. Ask whether they’ve reviewed any medical literature or

textbooks prior to coming to the deposition.
• Did you bring any with you?
• Which ones did you review?
• What did you learn from the article?
• Did it support your position here, or was it contrary to
your position?
15. Finally, but not last, ask about credentials, schooling,

licensing, board certification- but you should already have this
information before your deposition when you research the
defendant doctor. I always advocate doing a Google search
on the physician to see if they’ve authored anything or if
there’s anything out there online that’s worthwhile knowing.
I recently learned from an online search where the defendant
doctor was fired from his residency and sued the chairman
of his department. Needless to say, this information proved
very useful at deposition.
___________________________
50
There have been many books written about how to conduct

depositions. The most important factor about taking a
doctor’s deposition has, in my opinion, been the experience
of the attorney doing the questioning. Anyone can read from
a list of prepared questions. It takes an experienced attorney
to listen to the answers and know where you want to go and
then develop a strategy on how to get there while protecting
your client’s rights to the best of your ability.
For more information, please feel free to call me, 516-487-

8207
51
Dead Man’s Family Calls New York

Medical Malpractice Lawyer First Before
Burying Him
THIS IS A TRUE STORY
A call came in the other day. A hysterical woman was on the

phone. Her husband had died just moments ago. The
hospital was in New York City. The woman and her family
wanted to know what to do.
What to do? I’m thinking that they’re calling a malpractice

lawyer within minutes of their loved one having died, and
they’re calling me? Wouldn’t they prefer to talk to a lawyer
until after he’s buried? After a moment of pause, I calmly
started my inquiry. How old was he? Why was he in the
hospital? What do you think was done wrong that caused his
death? What is the cause of death?
The more questions I asked, the more I realized that the

recently deceased husband was sick for many weeks before
arriving at his final destination. His wife had read my series
of online articles titled “In Case of Death...” His family knew
months before this final day that he was the victim of medical
malpractice. Despite knowing this distressing fact, his wife
decided to hold off calling a medical malpractice lawyer in
New York until he died. She didn’t want to trouble her
husband with the horrible realization that he was dying
because a doctor failed to diagnose his lung cancer.
52
The first question she asked was whether an autopsy should

be done. The answer to that question raised a number of very
significant issues. The first is religious. The second is the
competency of the individual doing the autopsy. First, I’ll
describe what an autopsy is. Then I’ll show you how I
answered her pressing question.
An autopsy is a detailed physical examination of a person

who has died. The doctor who does this examination is called
a pathologist, or a medical examiner. They literally explore
the anatomy of the person who died. They look, see, and
evaluate the cause of death. In order to do that they need to
open and expose every part of the body. They take samples
of body tissues and fluids and examine them under the
microscope.
Getting back to my answer, I asked their religion. Why did I

ask? In some religions there is a prohibition of desecrating a
body after someone has died. An autopsy, according to some
religions, interferes with a person’s ability to go to the afterlife
with an intact body. In her case, there was no religious
prohibition to performing an autopsy.
The benefits of an autopsy are plentiful. If the exam is done

properly and professionally by a physician with experience,
the autopsy can yield a great deal of useful information.
However, an autopsy is a double-edged sword when
evaluating its’ usefulness in a potential wrongful death case.
Typically, an autopsy will determine why a person died. In
many death cases, the autopsy provides not only valuable
53
information about how and why someone died, but also

provides useful information to be used against the family at
the time of trial.
Here’s the dilemma:
In a failure to diagnose lung cancer case we will claim that

the failure to diagnose caused the lung cancer to spread and
ultimately caused an untimely death. We also allege that had
the cancer been detected at an early stage, the patient would
have been able to receive treatment and would be alive today.
Let’s say the victim was 65 years old and we believe he was
otherwise healthy. An autopsy might reveal that he had
massive heart disease. An expert pathologist might be able to
argue that because of his massive heart disease, his life
expectancy- even without any lung cancer- would have been
severely reduced. What’s the next logical argument the
defense will make?
Even if the victim had no cancer, there is still the likely chance
that he would have died within a few years, either from a
heart attack, or a stroke (from a buildup of plaque), and the
failure to diagnose the cancer didn’t really shorten his
lifespan.
While there are definite benefits to obtaining an autopsy, it is

always fraught with the possibility that the defense will have
gained useful information to use against you and your family
during a wrongful death case. Having said that, it is usually
beneficial to have an autopsy. Why? To determine the precise
54
cause of death. Once we have confirmed the exact cause of

death, we can work backwards and determine whether this
was a slow-growing cancer or fast-growing cancer. The
difference is significant and can mean the difference between
a valid malpractice case or one that has no merit.
By the time I was finished talking to this clearly distraught

woman, I realized that an autopsy would be beneficial for her
and her family. It would put to rest idle talk by a few of the
doctors that he died from an unrelated illness. This woman
needed guidance and information from an experienced
medical malpractice lawyer. The knowledge I provided
helped her make an informed decision about what to do next.
My Father Was a Medical

Malpractice Victim
I was 14 years old when my mother came home

from the hospital and told me my father had died.
“How did it happen?” I asked. “Why did it
happen,” my brother questioned. “What
happened?” asked our dazed and confused family.
From that day forward, I began to learn what a malpractice

lawyer does. I learned that we had more questions than
answers. My dad was young, only 46 years old. He wasn’t
supposed to die. He had a family with three young children.
He was gainfully employed and worked hard to provide for
our family.
55
Our lawyer got the hospital records, and he had a medical

expert review the records. The more our lawyer probed, the
more questions we raised. “Why was he given that
medication?” “When did the nurse arrive?” “Why wasn’t a
blood test ordered?” “What happened when...”
Years later, while I was in college, our case came up for trial.
I joined my mom for part of the trial, since it was during final
exams. Being in Court was unfamiliar territory. Everything
was formal. The procedures, the words, the questions-all need
explaining. Our lawyer was a big-time lawyer whose hair was
gray and was respected by numerous lawyers who passed him
in the hallways in the courthouse. Their nods and greetings
were deferential- with respect for his accomplishments and
greatness.
I watched with fascination the rapt attention everyone had

during cross-examination of the primary target in the case-a
young doctor in training who committed the gravest of
medical sins. Our lawyer was intense. The barrage of
questions put to the young unapologetic doctor were non-
stop. The answers were not satisfactory to our lawyer, or to
the jury, or so it seemed to me.
The tension in the Court room was palpable and created

knots in my stomach. The defense attorney was gentlemanly
and put on airs. In my book he was a phony and I was hoping
the jury would see through it.
56
Closing arguments came after three weeks of trial. I managed

to arrive just as the trial resumed that day. I rushed from
school to be in Court with my mom. What I witnessed that
day caused me to apply to law school. Before that day, I was
a biology major and was intent upon applying to medical
school. You see, my father was a doctor and most of my
family are doctors. I thought that was the path I’d naturally
take. Not after witnessing closing remarks.
It is now twenty three years later and I vividly remember the

day our famous lawyer made his closing remarks to the jury
hearing our malpractice case. Neither the lawyer or my
mother are alive today, but my memory of that trial lives on
till today.
I remember most clearly the accusations directed at the young

inexperienced doctor. I saw his red face and neck. I wanted
to reach across the aisle of the courtroom and pummel him
with my fists. That would be true justice! That would satisfy
my anger that had built up for years waiting for this disputed
case to come up for trial. Fortunately for the doctor, my senses
overcame my desires to quash this little bug. He never knew
what I wanted to do to him that day.
On that day, I realized that this lawyer-this ordinary looking,

gray-haired man, who had accomplished great things legal-
was telling a story so simple and clear that I realized anyone
could do this. That day, I decided to become a lawyer.
57
One would think that with such a great lawyer anything

would be possible. Unfortunately for my family, the results
were not what we would have hoped. Despite this second loss,
the first being losing my dad, I picked myself up and sent out
those law school applications. I had one thing on my mind...to
become a trial lawyer.
I’ve been a medical malpractice trial lawyer for over twenty

years now. The first 4 years as a defense lawyer representing
doctors, hospitals and folks sued in accident cases. The next
16 years I spent representing injured victims in their quest for
justice. When asked by a colleague which I prefer,
representing injured victims or the wrongdoing doctor, my
answer has always been clear...the injured victim.
My experience helped me understand what injured people

have endured. It has allowed me to be more compassionate
about the people I have the privilege of representing. This is
my calling.
This is a true story.
58
They Laughed When I Told Them I’m Using

a Solo Practitioner
A former client of mine related this story to me recently. It

was only after I had settled her case did she tell me what her
friends said shortly after she told them she hired a solo
practitioner for her injury case.
“How can you hire a one-man law firm?” one of her friends
asked. “What happens if he gets sick?” asked another. “How
does he have the resources that a large firm has?” said
another good friend. “What is it about him that made you
choose him over the other law firms you looked into?”
The answers were revealing.
She told her well-meaning friends that I was the only lawyer
who provided information to her before she ever came into
my office. None of the other law firms she spoke to would
give her any information about cases like hers. In fact, out of
five New York law firms she contacted, I was the only lawyer
who actually got on the phone to talk to her. All the other
calls were intercepted by receptionists who wanted to set up
an appointment for her instead.
She explained to her friends that on my website I gave free

reports about how medical malpractice cases work. This was
new to her and the information was very helpful to
understand how a case works. She was also grateful to learn
how a lawyer actually evaluates a potential medical
malpractice case in New York. Before looking at my website,
59
she had preconceived ideas about what types of cases are

accepted by injury and accident lawyers in New York. My
reports helped her understand the procedure a lawyer must
go through to determine whether someone has a valid case.
This woman explained to her friends that she had spoken to
a paralegal at one of the big law firms in New York City
about how they communicate with their clients. This is what
she was told: “You’ll meet an associate when you first come
to us. They’ll gather all the information about your case.
Once we get your records and determine that you have a
valid case, your matter will be assigned to a team of lawyers
consisting of a senior trial lawyer, an associate and a
paralegal.” When she asked when she’d get to meet with the
senior trial lawyer, she was told that only if her case went to
trial would she meet with him. Otherwise she’d be dealing
with the associate on day-to-day matters. The paralegal was
very flip about how simple it was to get information from her
and from the associate. “Don’t worry, we know exactly what’s
going on with your case every day,” was her comment.
When my soon-to-be client called this law firm later that day
to ask the paralegal more questions, her conversation started
out like this: “Thank you for calling _____ law firm. How
may I direct your call?”
“I’d like to speak to the paralegal I was speaking to earlier

about a potential case.”
“Do you know her name?” “No.”
60
“Well, we have over 20 paralegals here. How do you spell

your last name?”
“Never mind,” she replied, frustrated with being unable to

speak to the person she spoke to earlier.
Another law firm she spoke to refused to tell her anything

over the phone. This is understandable since there are many
legal dangers that arise if an attorney gives out legal advice
over the telephone. First, there’s no attorney-client
relationship when someone calls with a question on the
phone. Theoretically, anything that is discussed might be
discoverable at a later time. Second, there are so many facts
that may be missing that it would not be appropriate for a
lawyer to give legal advice based on incomplete information.
Ideally, the lawyer wants the person to come in, explain the
problem, and then give the potential client an informed and
educated decision based on their particular facts.
However, many attorneys refuse to discuss anything with a

potential client until they walk in the door of their office.
What this young woman found particularly helpful were the

video tips on my video blog and my website that discuss
different areas of medical malpractice, wrongful death and
personal injury law. In my educational videos I offer useful
general information to help a website visitor understand how
the legal process works. In one video I explain in detail how
a medical malpractice lawsuit works from start to finish. In
another video I explain some of the interesting cases I have
61
handled where I have obtained compensation for my clients

who have been injured.
This woman also told her friends that she asked each law firm
she called how often the lawyer communicates with her about
updates on her case. These were the replies she received:
“We send you a quarterly letter advising you what’s going on

with your case.”
“Oh, we don’t send written updates. If you want to know

what’s happening, you have to call us. If we sent updates to
all of our clients on a regular basis, we’d spend most of our
day writing letters.”
When she came to my office, she was pleased to learn that I

send written updates once a month. She also learned that I
call my clients often and email them as well. She was even
more surprised to learn that I answer my own phone often,
and always promptly return my client’s calls. There’s no
paralegal in my office who asks “How do you spell your last
name?” My paralegal knows who my clients are, and gets to
know them well. There’s no associate who has to ask another
attorney, “What happened on that case the last time you went
on a conference in court?” There’s no running to the file or
checking the computer to find out what last happened on
your case, because in my office, I am the only one who
handles your case, start to finish. I know exactly what is going
on with your case at any time, because I am the only one who
62
handles it. Not a paralegal. Not an associate. Not a junior

partner. Just me; a solo practitioner who has been in practice
in New York for twenty years.
This woman asked me during our first meeting “How can

you compete with the big law firms in terms of legal
research?” My answer shocked her. I told her I don’t need a
big law library with musty old law books. Everything I need
is on my computer. Legal research is all computerized now.
The solo practitioner has the same legal research capability as
the largest law firm. I told her that if a case was beyond my
reach and required resources that I simply did not have, I
would never accept it and would refer the potential client to
another law firm that did have the ability to handle it.
Importantly, I mentioned that if she felt the need to go to a

large law firm in New York City and help pay for their fancy
offices and beautiful mahogany furnishings and gorgeous
floor-to-ceiling windows with offices looking out over the city,
then by all means she should go there. However, I also told
her that those beautiful offices don’t win lawsuits. It is the
attorney who occupies a particular office that wins cases.
Regardless of whether that office is in Manhattan or Long
Island. “If you want to be another fish in the ocean, I’m sure
you will be very happy with that law firm. If however you
want to have personal attention every step of the way, then a
small law firm is the one for you.”
I am pleased to say that this woman was extremely

happy with her choice of attorneys. After she
63
finished explaining her reasoning to her friends, you

didn’t hear any more laughing over her choice of
attorney for her case. The only comments she heard
were “You know, you’re right.” “I’m sorry I doubted
your choice of lawyers.” “I didn’t realize there was
such a difference between law firms.”
64
ABOUT GERRY OGINSKI
Gerry Oginski is an experienced medical malpractice &

personal injury trial lawyer practicing law in Brooklyn, Bronx,
Queens, New York, Staten Island, Nassau, Suffolk & Long
Island and has been in practice since 1988.He is a graduate
of Touro College, Jacob Fuchsberg College of Law in
Huntington, NY and he is admitted to practice law in New
York and Connecticut. His main office is located in Great
Neck, Long Island, and he has affiliate offices in Brooklyn
and Staten Island.
Gerry prides himself on knowing all the details of each case

he handles. Cases are not handed off to associates. When a
client calls, he doesn’t need to check a file to determine what
happened last on the client’s case. He knows what happened,
since he was the one who handled the matter.
Gerry has become a prolific writer and publishes a monthly

newsletter full of legal news, fun trivia games, and a never-
ending fictional story that has won him accolades with all who
read his newsletter. In addition to his newsletter, he has
produced and created an entire video library of instructional
videos that help consumers learn about medical malpractice
and accident law in New York.
Gerry welcomes all calls about any accident or injury from a

doctor or hospital in the State of New York. He promises to
give you a straightforward and honest answer about every
question you ask. Take a look at his website, where he has
65
over 250 FAQ’s, free reports about medical malpractice,

wrongful death and accident cases, actual testimony of
doctors in cases he’s handled, and an entire video library you
really should see.
If that’s not enough, take a look at his blog where he offers

free information about medical malpractice and accident law
and when you’ve finished reading his blog at
http://www.nymedicalmalpracticeblog.com, jump over to his video
blog where he has most of his videos posted at
http://www.nymedicalmalpracticevideoblog.com and also
http://www.medicalmalpracticetutorial.com. You’ll be glad
you did.
Gerry is also a member of the following legal

organizations:
• New York State Academy of Trial Lawyers
• New York State Trial Lawyers Association
• Brooklyn Bar Association
• Queens County Bar Association
• Nassau County Bar Association
• American Association of Justice (formerly known as the
Association of Trial Lawyers of America)
Community Services:
As part of giving back to the community, Attorney Oginski

has lectured to high school students interested in medicine.
Here’s what these students had to say: “Dear Mr. Oginski,
Thank you for taking the time on Wednesday, January 21, to
66
meet with the Medical Explorers and to explain your career

to us. We found it very interesting that you had started out
going to school as a Pre-Med student and ended up studying
law. Through your experience, we were able to learn that we
can still be involved in medicine without necessarily becoming
doctors. Your description of the anatomy of a malpractice
suit was fascinating! We did not realize the amount of
investigational and procedural work needed to even file a
complaint, let alone argue the Plaintiff ’s case. It is amazing
how much time and effort goes into proving a doctor’s
departure from good care at one particular moment, on one
particular day. The tips you gave us on how to practice
aggressive medicine were very informative. We now have a
greater understanding as to the importance of writing things
down and keeping good records. It did not occur to us how
crucial minor notes could be in a malpractice lawsuit. Once
again, thank you for coming to speak with us; it was a
pleasure to have you! Sincerely, Amanda G., Secretary,
Medical Explorers.”
67
TESTIMONIALS
Read what others have said about Gerry’s Legal Services
Let me begin by saying that I am writing this letter on behalf

of my mother with much of her input. She would like to
extend her warmest thanks and let you know that she is very
grateful for your hard work and persistence. It has been an
extremely long battle from surgery to litigation, and finally to
settlement. Along the way, much has happened with my
mother that could have potentially posed a problem. You
were very understanding in having to correspond with me
during my mother’s fragile state. You did an exceptional job
in keeping me abreast of your every move on this case. You
treated us with the most respect and made my mother feel
that her case and her best interest was priority to you.
Your level of expertise was apparent from the beginning of

the case right down to the settlement attained. Again, it’s
been a long haul and as a daughter, I am grateful that my
mother had you to represent her. The final outcome of this
case has given my mother more than just monetary relief. It
has given her a silver lining for the toughest three years of
her life. Thank you again from the bottom of our hearts.
The overall efficiency of your office was stupendous,

professional and caring. Your response to return phone calls
was excellent. I was always called back the few times I left any
message. How do you rate our services to you? Excellent. The
paperwork accuracy was excellent. I received updates all the
time throughout the case.
68
Gerry was friendly and caring and made me feel comfortable

when calling. Your professionalism was outstanding. I had
never been treated better throughout the three years. The
whole process I went through took almost three years, but
somehow it doesn’t seem that long because Gerry Oginski
and his office were constantly keeping me updated on what
was occurring. I think that made it feel like it was just the
other day we met.
Please know that if you are in Gerald M. Oginski’s hands,

you will have the best representation available anywhere.
Victoria Soto and J.P. (Daughter), Queens, N.Y.
My first visit with Gerry Oginski was a little overwhelming

since I did not know him or he us, and it was only about 2
months after my surgery. He gathered information needed
and was very accurate in giving us the time frame for the
settlement, if there was to be one. His fee statement was
accurate and helpful when we reviewed it at home.
At any time during the case, I was able to call Mr. Oginski and
ask questions that were on my mind. I also noted that a phone
call after business hours was no problem. Frances, his assistant,
was also very helpful and courteous on the phone. She was
prompt and always made sure my requests were satisfied.
Mr. Oginski always made me feel that I was very important

to him and seemed very concerned about my future. We were
69
very happy about the settlement, since we were not sure we

had a case, although I felt we did. He led us through the case
and kept me posted on all information pertaining to the time
and place of the trial.
I was very confident with Mr. Oginski and his office. I would
recommend him with great confidence knowing he would do
his best for all his clients. Thanks again.
Dina Martirano, Westchester, NY
We are very happy with the settlement that you obtained.

This was a great accomplishment that was made possible by
your dedication and experience. Your sincere and caring
manner helped to make this experience easier than expected.
We truly felt as though we were being helped by a good friend
and this case was not just another file number. We would be
happy to recommend you to anyone. You’ve been great!
Thanks for everything.
V.A. & L.A., Brooklyn, NY
How can I find the right words to thank you. Your kindness
and caring meant so much to my sisters and I. Thank you for
being the person you are. You are a wonderful young man.
My mother must have sent you to us. You always knew the
perfect words to make us feel better. Thank you for working
so hard to see that justice was done for our mother. I feel like
70
a bond was formed between us. You showed us you cared,

not only about us, but our mother. I thank you from the
bottom of my heart. May god bless you and your family.
Barbara Piekarz, Brooklyn, NY
It is with total respect and appreciation for Mr. Oginski and

Frances that I write this short “thank you”. My process was
handled with total professionalism, knowledge and
compassion. Yes, I am pleased with my settlement, because I
am confident that Gerry was totally dedicated to the most
favorable outcome possible. Good luck with your book. Keep
the newsletters coming.
Millie Provenzano, Staten Island, NY
From the very beginning, Gerry displayed very good

professionalism. He was able to be professional as well as
showing concern and care at the same time. His
documentation and follow ups were very reliable, and we
would definitely recommend him to a friend or family
member in need of his services. As far as the settlement is
concerned, we are extremely happy with the outcome.
Joseph MJU, Atlanta, Georgia
Gerry and Frances (Gerry’s secretary) were very helpful and

knowledgeable when they advised me throughout the process.
Their help made the process run very smooth. I am very
71
grateful for all they have done for me and am very happy with
the outcome of my settlement.
Susan Choinski, New Hyde Park, NY
I have never been involved in a lawsuit until recently, and I

am thankful you accepted my case and represented me. You
always returned my calls. In fact, you answered your phone
yourself at times. Your Legal Assistant, Frances, was also
excellent. Any time that I spoke with her, she always knew
everything about my case and always answered my questions
with a knowledgeable and detailed answer. It did not take me
long to realize that I was in excellent hands, and that was
comforting in itself. I was satisfied with the settlement outcome
considering the nature of my injury. Very much so, you and
your office are as professional as it gets because you care.
Thankfully and sincerely yours,

Mitchell Bartnicki, Brooklyn, NY
Hi Gerry, I want you to know I think of you often, and can

never thank you enough for all you have done for me and my
sisters. You are the best. I hope you and your family are doing
great. I miss your smile and your beautiful personality, and
your great suits. May god bless you and your family.
Love you, Arlene D., Brooklyn, NY
72
Dear Attorney Oginski, Thank you very much for your

wonderful help and an invitation to appeal to you if I ever
need it again in the future. It is so soothing to know a person
so caring and professionally top competent like you. Thank
you also for your warm wishes for health for me and my
family. Same to you and your family and great successes in
your brilliant career. I will definitely pick up the phone to call
you if I need you again.
Mircela Nita, Queens, NY
I was very pleased with your professionalism & courtesy that

you provided to my daughter’s case as well as my family. I
would strongly recommend you to anyone seeking
justification.
Johnny Celestin, Queens, NY
During the time of Mr. Oginski handling my case, he was

very courteous and pleasant to work with. His work was very
thorough, efficient, swift and precise. All of these words define
excellence. I would recommend Mr. Oginski to anyone who
asks for legal advice.
Jeanette Mason, Brooklyn, NY
73
Mr. Oginski kept us abreast of all issues and matters. He was

a true professional and extremely knowledgeable. The
settlement, given our circumstances, was very acceptable.
Anthony Gonzalez, Queens, NY
Dear Mr. Oginski,
This letter is to express my greatest appreciation and

gratitude for the way you handled my malpractice suit. You
produced very satisfying and timely results. Thanks for your
professionalism and expert representation.
I am able to maintain a secure life in spite of my disabilities,

which was a result of the defendant’s negligence. I’m able to
pay my medical bills and other everyday expenses because of
the great work you and your firm put into this case. Again
thank you so much for your help.
I will recommend you to a relative or friend who would need

a lawyer with confidence that they would benefit and be
highly satisfied with your assistance.
Donna L. Williams, Brooklyn, NY
The process I went through was made easy because of you

Gerry and Frances. I think you got us a good settlement, and
I know you worked hard for us. I liked your smile when you
74
greeted us, and I felt proud that you were our lawyer. I also
liked your suits, you always looked so handsome in them. God
bless you and your family.
Arlene DiFalco, Brooklyn, NY
Recently, I received this wonderful note from one of my

clients, S.P., New York, NY
She wrote, “Going through the litigation process was difficult

because I had to re-live the surgery, but Gerry, you made
everything flow and very easy. Your law office is the definition
of what an ideal legal professional should be. Gerry, all the
research and knowledge you had regarding malpractice law
and other cases made me very impressed as a client. It was an
exceptional service and I will never forget it.”
_______________________________________
I received this incredible note from a man, whose case I felt,
did not have merit. “Dear Mr. Oginski, I can’t thank you
enough for sending me the most helpful package of
information concerning medical malpractice. It has
heightened my awareness to a degree of confidence that will
allow me to make more informed decisions.”
Sincerely yours, B.Z., Glendale, N.Y.
75
“Gerry impresses me constantly, I have known him and

actively worked with him for many years. He is very smart
and active with his online marketing. He knows everything
there is to know about Medical Malpractice cases in New
York and he is on my short list of recommendations when
people ask me for a lawyer in NY! I can’t say enough good
things about him!”
Tom Foster, Washington, D.C.
76

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DEATH

HOW TO FIND YOUR WAY AFTER

How to find a lawyer and learn whether you have a case

Gerry Oginski, Esq.

Word Association Publishers

All rights reserved. No part of this book may be reproduced, stored in a

Printed in the United States of America.

Word Association Publishers

It happens in the blink of an eye. One moment they’re

As always, if there are any questions, we’re only a phone call

Fights over money and personal assets are so common in the

IMPORTANT PAPERS YOU NEED TO FIND

A: First, I want to express my condolences if that is the case.

Second, the following documents will help me to proceed

1. An original death certificate (the funeral home will be able

2. Let me know whether an autopsy has been performed. If

3. A list (handwritten is just fine-it doesn’t need to be typed)

4. A list of the immediate family members, their addresses,

7. If you have copies of any medical or police records, bring

8. Bring any medical insurance cards, bills and receipts from

9. If your loved one was employed, bring copies of their tax

All of these documents assist me in promptly evaluating and

So, you may want to sue...

In order to understand whether you can bring a wrongful

“What are the criteria that you use to determine if a case is

In any wrongful death lawsuit, I must show that there was

If any one of those factors is missing, then there is no way to

loved one’s medical records including an autopsy report- if

ELEMENTS OF A WRONGFUL DEATH CASE

In almost every death case, there is some period of time

1. Pain & Suffering,

Q: What is ‘pecuniary loss’?

A: This is a term used to describe the financial loss that the

The economist uses tables, guidelines, and generally available

A: Unfortunately, the answer in New York is no. The current

What about social security income? Usually it’s not a

If the family had to hire and pay someone to do household

However, where other family members took days or weeks

Your family has been devastated and you cannot recover

Q: Why do we need an economist for my mom’s death case?

A: A economist is an expert who studies the economy and

In many cases where a loved one was working, we can show

The economist can also make projections, such as bonuses,

If your mom was not working, and was instead a ‘stay-at-

Can you sue your employer?

Q: My husband was a construction worker who slipped off

A: No, not his employer. You can however bring a lawsuit

HOW MUCH TIME DOES OUR FAMILY HAVE TO

In New York, in a case involving wrongful death, you

HOWEVER, BEWARE OF THIS WARNING-

THE TIME TO FILE A LAWSUIT MAY BE LESS IF

In those cases, your time to file a claim (which is different than

There are also different time limits if you need to

Why do I say this? Because on occasion, a client will call me,

Once the time to file a lawsuit has lapsed, there is nothing I

Q: What is an autopsy, and why would it help a potential

A: An autopsy is an in-depth examination of a dead person,

In a case involving claims of wrongful death (where a person

someone else’s carelessness) having an autopsy is crucial to

There are also some religions that prohibit autopsies, and in

I am often called upon by grieving families asking whether

The most common case where an autopsy is performed is in

In New York, if a person dies suspiciously, or within 24 hours

of having had surgery, an autopsy will usually be performed