New York Wrongful Death Lawyer
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. Find out how an experienced New York wrongful death lawyer can help.
When someone you love dies because of the negligence of another person, it is classified as a wrongful death. In New York, a wrongful death claim may be filed in civil court. While there’s no amount of money that can bring back your loved one or make the pain go away, a New York wrongful death lawyer can help you hold the negligent party accountable. You may be entitled to financial compensation for final expenses, lost future income, loss of companionship and affection, lost wages, and medical expenses.
The Most Common Wrongful Death Claims in New York
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.
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.
Elements of a Wrongful Death Claim
For a wrongful death claim to be successful, it must have certain elements.
- The negligent party had a legal obligation to your loved one. For example, people who operate a motor vehicle have an obligation to follow the rules of the road, including obeying the speed limit and not driving while under the influence. With medical malpractice claims, those can complicate this concept because a New York wrongful death lawyer must also research and consider expert opinions related to common standard practices under similar circumstances.
- The negligent party must have breached their legal obligation. This includes looking at the actions of the negligent person but also looking at what a reasonable person would have done in a similar situation. If a reasonable person would have acted in a way that is considered more responsible, that creates the concept of negligence in the legal sense.
- Your loved one’s death must have been directly caused by the breach. In civil law, this is known as the but-for test. But-for what happened, your loved one wouldn’t have passed away. If your claim survives this particular element, it is likely that you have a valid wrongful death claim.
- You have actual losses as a result of the death. This includes, but may not be limited to, medical expenses, loss of companionship, lost wages, loss of future income, loss of affection, and final expenses.
If you believe that you have a valid claim, contact a New York wrongful death lawyer to discuss the facts surrounding your potential claim.
You Must File Your Claim Before the Time Limit Expires
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.