If you lost a loved one due to the negligence of a medical professional you may be struggling with what to do next. In addition to your grief, you are likely grappling with the stresses of paying your loved one’s medical bills and determining how to keep going without their financial support.
The Law Offices of Steve Newman empathize with your grief. We are here to help. You do not have to navigate the aftermath of your loss alone. The Law Offices of Steve Newman has been litigating wrongful death claims for decades. We can help you obtain monies for the pain and suffering your loved one experienced.
What Does a Wrongful Death Lawyer Do?
A wrongful death lawyer represents surviving spouses, children, and family members in wrongful death claims. If your loved one lost their life because of another person’s negligent actions, the Law Offices of Steve Newman is here to help. Our clients have received millions of dollars in compensation for medical malpractice, negligence, and claims involving the death of a loved one.
What Is a Wrongful Death Claim in New York?
A wrongful death claim can be filed by surviving family members after a person loses his or her life due to someone else’s negligent actions. Medical malpractice and negligence caused by another person are common causes of wrongful death.
The purpose of filing a claim is to compensate the surviving spouse, kids, and family for the possible financial loss they might experience because their loved one died. Compensation is frequently awarded for the pain and suffering experienced by the person who died.
Wrongful Death Examples
A person’s wrongful death can be caused by a variety of negligent actions and circumstances. However, many wrongful deaths are the result of negligent actions from doctors or healthcare providers making errors during medical treatments.
If you lost a loved one due to medical malpractice, the Law Offices of Steve Newman can review the circumstances surrounding their death to determine if the malpractice qualifies as a wrongful death.
Who Can Benefit from a Wrongful Death Claim?
New York State law permits the following people to receive compensation for a wrongful death claim:
- The surviving spouse of the deceased,
- Surviving children of the deceased, and
- Parents of the deceased.
If you are the guardian of the deceased’s children you may be permitted to pursue a wrongful death lawsuit.
Your family’s individual situation and relationships may affect who has the right to receive compensation from a wrongful death claim. It is best to consult with the Law Offices of Steve Newman about your family’s circumstances.
What Do I Have To Prove to Win a Wrongful Death Lawsuit?
Only the personal representative (administrator of the estate) of a deceased person as appointed by Surrogate’s Court can bring a wrongful death action in New York. The representative must prove:
- The defendant acted negligently;
- The negligence caused the deceased person’s death;
- There is a surviving spouse, children, or other beneficiaries or dependents;
- The negligence either caused the deceased pain and suffering; and the survivors have suffered financial damage as a result, or both damage elements.
Wrongful death claims require an extensive investigation of the circumstances that led to your family member’s death, including gathering physical evidence and interviewing witnesses. The Law Offices of Steve Newman has over the years developed a trusted network of board-certified physicians and expert witnesses.
What Damages Can Be Recovered In a Wrongful Death Action?
Two elements of damage may be recovered in a wrongful death action: economic loss and the conscious pain and suffering of the deceased.
These damages can include:
- The amount of income the deceased person would have provided,
- The value of the deceased’s contribution as a parent or caregiver,
- Funeral and burial expenses,
- Pain and suffering experienced by the deceased person before death, and
- Healthcare related to the decedent’s injuries caused by the life-ending event.
In rare cases, punitive damages may also be available. These types of damages are awarded to punish a defendant for particularly egregious behavior.
The outcome of every wrongful death case is unique, and the specific facts of your case will determine the damages you can seek.
Is There a Limit on Recoverable Damages in New York?
No, New York law doesn’t limit the amount of damages you may recover for economic losses and the conscious pain and suffering of the deceased. However, the money you receive for damages can be reduced by the legal doctrine of comparative negligence.
Comparative negligence requires the jury or judge to determine if the deceased also contributed to the accident. If they find the deceased was partially responsible, the damages will be reduced by the proportion of the deceased’s responsibility.
Limitations on Filing a Wrongful Death Claim
The deadline—also known as the statute of limitations—to file a wrongful death lawsuit in New York may vary depending on the circumstances. Usually, surviving spouses and family members have up to two years from the date of their loved one’s death to file a wrongful death lawsuit. Having an experienced attorney review your case is the best practice to ensure you file your claim on time. Steve Newman will guide you through the filing process and the proceedings that follow. It is important to act quickly to preserve your rights to file a wrongful death lawsuit.
Reach Out to Our NYC Wrongful Death Attorneys today for Assistance
Steve Newman has been representing families in wrongful death claims for decades. If you lost a loved one due to someone else’s negligence, call us today for a free consultation, our toll free number is 800-690-9880.