Do you work in or with the construction industry? If so, chances are you have heard of The United States Department of Labor Occupational Safety and Health Administration, otherwise known by the abbreviation “OSHA”.
What happens if, as a result of negligence, a person dies in the State of New York but they do not have any immediate family members to administrate their estate? Does, any potential lawsuit against a third party become lost? The short answer is no, the opportunity for a lawsuit does not become lost, but the process in which to initiate a lawsuit becomes much more complicated. The following is a brief overview of the process for filing a wrongful death lawsuit when a person dies without a will and without a distributee who is also a qualified person to administrate the estate under the New York EPTL.
Unfortunately, it happens, your case gets marked off the trial calendar. Even worse, it happened through no fault of your own. How so? Your action was consolidated with other cases, and while you have been timely complying with adversary demands and court orders, the other plaintiffs are no so diligent. The result – the note of issue is vacated and all the consolidated cases are marked off the calendar as a result of the other plaintiffs’ failure to comply with orders and/or reply to demands.
Most lawyers are well aware that when a motion in decided in their clients favor they have an obligation to serve that order on opposing counsel with notice of entry. “Where the rights of a party are or may be affected by an order, the successful moving party, in order to give validity to the order, is required to serve it on the adverse party” ( McCormick v Mars Assoc., 25 A.D.2d 433). Moreover, “[T]he party prevailing on the motion shall file the order and the papers used on the motion with the proper clerk after receiving them. If a party fails to file any papers required to be filed under this subdivision, the order may be vacated as irregular, with costs.” CPLR § 2220(a). So what are the ramifications of failing to serve your adversary with the Court’s decision? In some instances the consequences may be dire.
New York Labor Law §240 was created to protect workers from accidents involving falls from elevated work places such as ladders. When a worker is involved in demolition, construction, or alteration of a structure, New York Labor Law §240(1) imposes a nondelegable duty upon owners and contractors to provide safety devices necessary for workers subjected to elevation-related risks.
Many factors go into determining the monetary value of a personal injury lawsuit. Basically, in New York the only remedy for an injured party in a personal injury lawsuit is money damages. This requires a value to be determined for the injured party’s loss. Your attorney must create a dollar amount that they think your case is worth. If your case ever goes to trial, a jury will be asked to evaluate the facts of the case and determine if the defendant is liable and if so, they will be asked to render a dollar amount to compensate the plaintiff for their damages. In order to evaluate the value of a case an attorney must take into account many different variables.