In legal terms, “wrongful death” is defined as a loss of life caused by another person’s or entity’s negligence. The negligent action or inaction does not necessarily mean it was intentional. It simply means that another reasonable person with the same training and background would have behaved differently. As such, these accidents typically happen in many different ways.
Wrongful deaths can be the result of defective products, medical errors, vehicle accidents, or workplace accidents. If you lost a loved one due to the negligent actions of another person, consider hiring a NY wrongful death lawyer for legal guidance. Our team of attorneys will guide you through the entire lawsuit process.
What to Expect From Our New York Wrongful Death Lawyers
Most people who have lost their loved ones through wrongful death are in shock and might not consider taking legal action. However, you might want to consider retaining an attorney from our law firm as soon as possible to help you pursue compensation for your losses.
At Morelli Law Firm, we understand that you may be facing significant emotional trauma and considerable financial difficulties. So, when you become our client, we offer to manage your case for you and take on the responsibility of fulfilling the legal tasks required of your case.
Our wrongful death lawyers in New York aim to help you with your case by:
- Helping you to lawfully express your pain and suffering in a wrongful death lawsuit
- Identifying who may be held liable for your loved one’s death, which may involve filing multiple claims or lawsuits
- Helping you to fight for compensation for emotional distress, medical bills, funeral costs, emotional trauma, and other damages you and your family suffered
- Aiming to secure precedent-setting verdicts, which ensure that others will not suffer as you did
- Tapping into our legal resources to retrieve evidence for your case
We understand that many third parties could be involved in the wrongful death of your loved one. As such, we will conduct an extensive investigation to ensure that everyone liable is held accountable. The process of the inquiry is often complicated, but our legal team will address all essential aspects while you make funeral and burial preparations.
Our team will also keep the door open for possible settlement negotiations. When the investigation produces evidence, many third parties often opt to settle out of court. However, our lawyers will never advise you to accept a settlement figure that is less than what you are entitled to receive.
We Can Assess Your Damages to See How Much Your Case Is Worth
In a personal injury case, the injured party is allowed to pursue compensation for the damages they suffered, which can involve both financial and non-financial losses. However, when that individual passes away as a result of their injuries, their surviving heirs or a representative of their estate may pursue damages on their behalf.
The following types of damages may be compensable in your wrongful death case:
- Funeral expenses, including costs for burial or cremation services
- Loss of income from your loved one if they contributed to the family income
- Medical debt inherited from your loved one
- Costs to fix property damage that occurred during the accident, such as to a vehicle or home
- Costs to replace property if it was destroyed in your loved one’s accident
- Pain and suffering experienced by both your loved one and the surviving family
- Emotional losses, such as loss of parental guidance, companionship, love and affection, and consortium
It should be noted that though certain surviving family members may receive compensation for their loved one’s death, they must have a personal representative of the decedent file their case. Our legal team can explain this process to you.
We Can Make Sure to File Your Wrongful Death Case Before Its Deadline
Per EPTL § 5-4.1, you generally have two years to have a personal representative file a wrongful death lawsuit on behalf of your loved one. This window begins on the date of your loved one’s death, not the accident that injured them.
Our team of NY wrongful death lawyers can monitor this deadline for you and file accordingly, as failing to file your lawsuit on time can result in your case being dismissed. Should that happen, you would be deprived of pursuing compensation.
Wrongful Death Can Be a Result of Various Accidents Caused by Negligence
Unfortunately, if an accident can lead to injury, it also has the potential to lead to death. “Wrongful death” is a broad area of law that encompasses various scenarios that lead to death, ranging from car accidents to product malfunctions.
Below are some common types of cases with brief explanations about how one party’s negligence can lead to an individual’s death. If any of the following applies to your loved one, you may be entitled to file a claim or lawsuit on their behalf.
When you go to the hospital, you will find doctors and nurses who are certified and skilled professionals. However, errors are inevitable, so these medical experts can still make mistakes due to various reasons.
For example, doctors who are overworked and tired can fail to follow the standard protocol of a procedure or even misdiagnose a patient. As a result, the situation can lead to medical malpractice, which can be fatal.
Examples of fatal medical malpractice include:
- Misdiagnosing or failing to diagnose a patient’s disease
- Making a fatal surgical error during a major operation
- Leaving objects inside the patient’s body, leading to infection or other complications
- Prescribing the wrong prescription medicines or dosage for medicines
- Failing to read a patient’s previous medical history before administering treatment
From a study conducted between 2012 to 2014 on motor vehicle traffic crash statistics by the New York Department of Health, on average, 1,098 people die in vehicle accidents each year in New York. This situation can be the result of:
- Drunk driving
- Reckless driving
- Excessive speeding
- Distracted driving
When drivers commit these offenses and people lose their lives, they may be held liable for wrongful death.
On the other hand, if the accident happened due to poor road conditions, then liability may fall on the government entity that has jurisdiction where the accident and death occurred. A wrongful death lawyer in New York from our firm can advise you on how to take action against a municipality if so.
These accidents and fatalities occur as a result of someone’s distraction. Most of these cases are filed because the drivers failed to give the right of way, were speeding excessively, or were drunk at the time of the accident. Our attorneys can help you file a compensation claim if your loved one perished this way.
When consumers buy products, the last thing they think of is that using the product will cost them their lives. Nonetheless, some people suffer injuries and die when they use certain products. Whether poorly designed, improperly manufactured, or below safe standards, defective products have been known to cause harm and kill the user.
Defective products may include:
- Camping or sporting gear
- Medical devices
- Vehicles or vehicle parts
- Children’s toys or baby products
- Prescription drugs
For example, vehicles with defective auto parts, such as malfunctioning tires or brakes, can cause accidents that lead to vehicle occupants’ death. Consumer products, such as kitchen and electronic appliances, can have deadly faults that may electrocute a person.
Children’s products like cribs, highchairs, and toys can also cause wrongful deaths when not manufactured to safety standards. Medical devices, such as cardiac pumps and defibrillators, can have flaws, too.
NY Wrongful Death Lawyers Can Help You Find Closure
Wrongful death can happen at any time, and when it does, the services of a New York wrongful death lawyer could be helpful. Our team at Morelli Law Firm will guide you through all stages of the lawsuit to help you fight for compensation for your losses.
For more information on wrongful death law, call our team of experts. We can review your case for free and help you find closure while fighting for justice.