Legal Question in Personal Injury in New York

I was injured on the job and currently have a comp claim going...however I should have been working for the company i inherited and worked for all my life but instead had to work elsewhere to support myself becouse the executer tried t sell the company and keep proceeds for herself ...I was awarded the company eventually but now will need spinal surgery and shoulder surgery from the accident...can she be held liable becouse she.caused me to have to work elsewhere becouse she didn't do her job as executrix in a timely manner and becouse she was doing so for personal gain...I was injured approx 1 yr after my fathers death and I live in ny

Asked on 3/19/13, 6:41 pm

3 Answers from Attorneys

David Owens, Esq. Molod, Spitz & DeSantis

Based upon your description of the incident there will be no claim against the Executrix. You may, however, have other parties that you can sue. Kindly contact me at 212-869-3200 for a free consultation.

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Answered on 3/19/13, 8:01 pm


The stated events sound unrelated, and the issues convoluted as narrated. Upon review of all the facts and presentation of documents and credible proof, you may have an action for accounting, bad faith, misrepresentation and/or breach of fiduciary duties. Upon gathering of all the documents, you can be better counseled.

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Answered on 3/19/13, 8:15 pm
Jason A. Richman Jason A. Richman, Esq.

There may be a claim against the executrix for breach of her fiduciary duty or even attempted fraud depending on the details; however, the injuries that you suffered working elsewhere will not be part of such an action. Lost profits from the company you should have been running, costs incurred, various other things may also be includable in such an action. As to the injury claims, if they occurred in the context of a construction site accident, or certain other limited circumstances, you may be able to bring an action as against other parties in addition to the workers compensation claim. If so, such an action would include pain and suffering awards which are not collectable through Comp. If you would like to discuss this issue please feel free to contact me. jrichman @

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Answered on 3/19/13, 8:20 pm

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