Legal Question in Personal Injury in New York

death

My daughter died as a result of and accident involving a tractor trailer. She was driving east and two semi's where traveling west, she ''lost control'' and she was hit by the second semi after passing the first. Stories where changed and (police had her estimated at 30 miles pr hr and semi's at 46 miles pr hr ), police lost original copies of their investigation. They now have her at 45 miles pr hr and the semi's at 40 miles pr hr. It was a sloppy snowy day and there was no one that actually saw the accident. I asked the lawyer to investigate the messed up reports. They never even got the drivers log books and because the weather was so bad the police detoured the trucks to that road. Mercy flight could not come because of the weather. Trucker one changed his story from ''I watched her in side mirror'' to I so too far ahead to know there was an accident. Lawyer will not call me back.


Asked on 6/02/09, 12:01 pm

3 Answers from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: death

When did this accident occur? You have 2 years from the date of death to bring a tort claim on behalf of a loved one.

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Answered on 6/02/09, 12:05 pm

Re: death

When a lawyer doesn't return a client's calls, it's time for the client to change lawyers. Best, M. E. Zuller

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Answered on 6/02/09, 12:25 pm
Pasquale Calcagno Calcagno & Associates, PLLC

Re: death

I am so sorry for your loss. One of the key factors in a wrongful death action is whether there is a party that is responsible for your daughters death. If she simply lost control the tractor trailers may not be responsible. A lawyer has to determine who was at fault. Situations, although rare, do exist where it was no one's fault. A helpful source in determining liability in wrongful death actions is the police accident/reconstruction report conducted by the police or an accident reconstruction report produced by an attorney expert. If you have any questions feel free to contact me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT. You can also visit my personal injury resource website at www.1800wefight.com. We have convenient locations all over New York. My heart goes out to you. God bless your family.

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Answered on 6/02/09, 3:08 pm


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