New York City Wrongful Death Attorneys
How Wrongful Death Happens
Wrongful death can happen in almost every scenario imaginable, though it is often associated with these types of accidents:
- Workplace accidents – Thousands of workers lose their lives every year in the United States because of workplace injuries or illnesses. While benefits might be provided to survivors in some situations, it is common for these benefits to be inadequate to cover the needs of surviving family members.
- Vehicle accidents – Around 35,000 people are fatally injured in vehicle accidents in the United States every year. When a negligent driver was responsible for the death of another, a claim can help hold that person responsible for the damages they have caused.
- Product-related accidents – Defective products, such as faulty batteries, defective vehicle parts or defective medical devices, can cause serious injuries or death. When a faulty product fatally injures a person, the survivors can take legal action against the manufacturer of the product to recover damages.
- Premises-related accidents – Premises liability cases often include a fatal fall injury. Falls are one of the leading causes of injury-related death in the U.S., especially among older adults. When these falls are caused by negligent property owners or caretakers of a property, survivors can take legal action to hold them accountable through wrongful death claims.
- Medical errors – Studies suggest that up to 250,000 people in the United States die every year because of medical error. In some of these cases, medical error could constitute medical malpractice. If medical malpractice results in the death of another person, the survivors can file a claim against a doctor or healthcare provider.
Who Files a Wrongful Death Claim?
In New York, wrongful death claims are filed by a representative appointed by the Surrogate’s Court. This person is typically an executor of a will or an estate administrator. Wrongful death claims are filed to pursue damages on behalf of immediate family members like spouses or children, or other dependents.
Seeking Damages in Wrongful Death Cases
To seek damages in a wrongful death claim, it must be proven that there was negligence, that the negligence led to the death and that the death resulted in financial damages for the survivors. Damages in a wrongful death claim center primarily on the financial impact of a loss, such as lost income, medical bills and end-of-life costs. They may also include the suffering of the deceased. However, they do not include the pain and suffering of the surviving family members.
How an Attorney Can Help
Wrongful death claims can be complicated, and it is best to have an attorney who has experience with these types of cases. To show the loss suffered by the survivors, an attorney will investigate the financial impact of a loss and learn as much about their clients as possible to demonstrate the true scope of how a death impacts their family members. Having an attorney take the reins on a case allows the family to focus on moving forward and maximize their chances of a successful claim.
Contact Kaplan Lawyers PC to Learn More
If you have lost a loved one because of someone else’s negligence, the compassionate, experienced attorneys at Kaplan Lawyers PC are here to help. We understand how difficult this time must be for you and your loved ones. We make it our priority to help you understand your legal options. We offer free consultations to give you the chance to meet with our team and discuss the details of your case. Contact Kaplan Lawyers PC by filling out our online form or calling us at any of our office locations: (212) 563-1900 (NYC) (516) 399-2364 (Nassau County) (347) 758-9011 (Brooklyn) (631) 619-5309 (Suffolk County) (917) 382-9212 (Queens)