Common Wrongful Death Claims
When someone dies due to another person’s negligence or wrongful act, the surviving family member(s) may file a wrongful death lawsuit against the defendant to recover compensation for their financial and emotional loss. Here is some information on common wrongful death claims in New York for cases we have handled.
Common Wrongful Death Claims | Most Common
The most common wrongful death claims made in New York include:
- Medical malpractices (including misdiagnosis, inappropriate treatment, giving the wrong medication, and surgical errors)
- Workplace accidents (including exposure to toxic substances that cause an illness or disease)
- Car accidents
- Airplane crashes
- Construction site accidents
- Nursing home deaths
- Fatal drunk driving accidents
- Deaths during the birthing process
- Truck accidents
- Bicycle accidents
- Death resulting from a criminal act
There are almost 100,000 wrongful death claims made across the United States every year. Many of those claims result from what is considered a preventable medical error.
Common Wrongful Death Claims | Who Can File a Wrongful Death Claim?
Under the law, generally only the spouse of the deceased, children of the deceased, or parents of the deceased may file a wrongful death claim. In certain circumstances, siblings or other relatives may be allowed to file the claim. If you have questions about whether you’re entitled to file, contact an experienced and compassionate New York wrongful death lawyer. They can help determine whether you’re eligible to file a claim and whether you do, indeed, have a valid claim.
Common Wrongful Death Claims | Statute of Limitations
Wrongful death claims should be filed right away. While that’s difficult to think about while you’re mourning the loss of your loved one, New York law states that you only have two years from the date of death to file the claim. However, there are some wrongful deaths that have a shorter statute of limitations. If you do not bring your claim before the time limit expires, you cannot bring the claim forward at all. Don’t delay. Call a New York wrongful death lawyer at Krause & Glassmith immediately to discuss your potential claim.