in new york if your loved one died withouta will, can you still go forward and bring a wrongful death lawsuit? you want to learnthe answer? come join me as i share with you this great information. hi. iâ€™m gerry oginski.iâ€™m a new york medical malpractice and personal injury trial lawyer practicing law here inthe state of new york. thereâ€™s been a lot of talk recently about joan rivers, the comedianâ€™s,untimely death. and now people are asking, if you donâ€™t have a will and youâ€™re ina similar situation, can you go forward and bring a lawsuit for wrongful death? the answeris yes you can. a person who has a will simply has prepared documents to say what happensto their possessions in the unlikely event theyâ€™re going to die. and when they havea will, now itâ€™s a simple process of going
ahead hiring an attorney to go ahead and evaluatewhether or not thereâ€™s a valid case. but in a person who died without a will â€“ withoutthose types of instructions â€“ now thereâ€™s a simple procedure. it involves filling outa series of paperwork that goes to the surrogateâ€™s court. thatâ€™s a specialized court that dealswith peopleâ€™s estates, people whoâ€™ve died. and once we get permission to have one ofthe family members appointed as the legal representative of the estate, now we can goahead and now weâ€™ve gotten permission (an authorization) that a legal representativefrom the estate says â€œmr. oginski, go ahead start evaluating. go ahead and start investigatingthe case.â€ and now we have legal permission and authority to start getting the medicalrecords and now to evaluate it. now if it
turns out that there is a valid basis fora case, at that point we now have the ability â€“ legally â€“ to go forward with a caseon behalf of the representative of the estate, typically a family member. and then we canproceed forward. so why do i share this quick information with you? i share it with youbecause thereâ€™s a lot of talk recently in the news of what happened to joan rivers,what happened with her doctor, with a throat procedure putting her into a coma as a resultof something that happened during the procedure and ultimately dying after she was removedfrom life support. and people are asking can you still bring a lawsuit for wrongful deathif you donâ€™t have a will? you know, i realize youâ€™re watching this because you have questionsor concerns about your own particular matter.
well if your matter did happen here in newyork and you do have legal questions, what i encourage you to do is pick up the phoneand call me. i can answer your legal questions. this is something that i do every single dayand iâ€™d love to chat with you. you can reach me at 516-487-8207 or by email at [email protected]â€™s it for todayâ€™s quick video. iâ€™m gerry oginski, have a wonderful day!