- Personal Injury
- Motor Vehicle Accidents
- Construction Site Accidents
- Slip, Trip, Fall
- Building Safety
- Product Liability
- Wrongful Death
Immunity from Suit
In the absence of a legal exception, the surviving beneficiaries may sue any person who caused the injuries that precipitated the death.
A traditional exception to this rule has been applied to family members. This doctrine is known as family immunity and means that an individual is protected from suit by any member of his family. This rule was intended to promote family harmony and to prevent family members from conspiring to defraud an insurance company. However, its strict application prevented children from legitimately collecting insurance money. Therefore, many states have discarded the strict rule of family immunity. Some limitations have been retained, such as allowing an adult child to sue a parent but not allowing a minor child to do so.
Wrongful death actions filed against a state or local government will be allowed to go forward only if the state has waived its sovereign immunity, which is a doctrine that bars lawsuits against the government. Since the 1960s a majority of states have relinquished the right to claim sovereign immunity in many instances. Therefore, if a child drowns in a municipal swimming pool, the parents may be able to sue the city for wrongful death based on negligence.
In states that allow wrongful death actions to be brought against government, there is generally a strict notice requirement. The plaintiff must promptly notify the government that a lawsuit is contemplated in order to give the government an opportunity to estimate the potential losses to its budget. The time period for filing a notice may be as short as 30, 60, or 90 days. Failure to file a notice of claim precludes the possibility of a lawsuit.
The personal injury attorneys of Tully Rinckey PLLC in Albany will fight to preserve your rights, and will seek damages against those that have committed negligence. Your FREE consultation is just a phone call away at 1-888-529-4543. You will have someone on your side.
The most popular City / Village / Town Courts our lawyers serve:
Albany, Altamont, Amsterdam, Berne, Bethlehem, Brunswick, Clifton Park, Cohoes, Colonie, Coeymans, Delaware, Duanesburg, East Greenbush, Fulton, Glens Falls, Glenville, Gloversville, Grafton, Greene, Guilderland, Hoosick, Hudson, Johnstown, Malta, Mechanicville, Menands, Montgomery, Nassau, New Scotland, Rensselaer, Rensselaerville, Rotterdam, Saratoga, Schenectady, Schoharie, Schodack, Scotia, Troy, Ulster, Voorheesville, Warren, Washington, Watervliet
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The time: The morning of the day after Thanksgiving. The place: The Gore Mountain ski resort in North Creek. The scenario: A 17-year-old snowboarder slides down the mountain. He misjudges the path of a skier beneath him. The snowboarder and …
Unprecedented Veterans in Economic Transition Conference (VETCON) coming to the Capital Region next week. VETCON is the first of its kind in Albany’s Capital Region and will provide support, advice, and direction to startups and existing businesses owned by veterans, …
Beginning today, Albany police officers will be testing body cameras while on duty. Albany police have weathered criticism following an incident that resulted in the April 2015 tasing death of an unarmed city man, Dontay Ivy. No officers were charged …
What is the difference between a living will and a health care proxy, and is it necessary to have both? The answer to this question is that it depends upon which state you live in. In the state of New …
Presenter: Tully Rinckey Attorney Time: 6:00-8:30 p.m. (half-hour break in the middle) Credits: 1 – Areas of Professional Practice, 1 – Skills RSVP is required as light fare and nonalcoholic drinks will be provided.