Coughlin & Gerhart, LLP
Main Navigation

November 2019 Archives

Don't lose sight of digital assets when drafting wills and trusts

Everything related to computers and the internet play essential roles in the lives of people nationwide, including New York. For that reason, it is crucial not to lose sight of digital assets when drafting estate plans to deal with wills and trusts. Surviving loved ones will need access to essential documents and information related to digital assets.

Young Binghamton driver might face wrongful death claim

A 70-year-old man recently lost his life in a motor vehicle accident. When looking at the circumstances of the crash, it seems clear that it was a preventable incident. According to authorities, a 22-year-old Binghamton driver who allegedly disregarded a stop sign caused the crash, which could result in this driver facing a wrongful death lawsuit in the future.

Lawsuit alleges medical malpractice led to journalist's death

Statutes of limitations for wrongful death vary from state to state, and while New York state laws allow two years for such claims to be filed, other states could allow less or more time. As with most laws, exceptions exist. On Feb. 15, 2014, Angelo Henderson, an award-winning journalist, died from venous thromboembolism. A wrongful death lawsuit, alleging medical malpractice, was recently filed in another state on behalf of his family. The defendants include the medical facility and the surgeon who was involved in his treatment.

Wills and powers of attorney may need review when relocating

Relocating to another state might affect the validity of some estate planning documents. People who move to or from New York might be caught unawares when a loved one is hospitalized or becomes incapacitated, and they do not have the power to make financial or medical decisions. In some jurisdictions, powers of attorney that were established along with wills in other states are not recognized.

Premises liability claim follows injury at music festival

Planning to attend a music and arts festival in New York? Beware of potential safety hazards, such as those that sent a 24-year-old woman to a hospital earlier this year. When she went to a music and arts festival in another state, she surely didn't expect to suffer a fractured skull and traumatic brain injuries before the night was over. Being the plaintiff in a premises liability lawsuit would likely also never had crossed her mind.

Wrongful death claims often need accident reconstruction

When fatalities occur in car accidents in New York state, accident reconstruction teams typically have the job to figure out what happened and who was at fault. The routine investigations usually include a hospital screen during which blood is generally drawn. These samples can be used later for toxicology testing if, for example, a personal injury or wrongful death lawsuit is filed in civil court, or criminal charges are brought against a driver.

© 2021 by Coughlin & Gerhart, LLP All rights reserved. Attorney advertising. Prior results do not guarantee a similar outcome.