Nothing could be more devastating than losing a loved one due to another person’s conduct, whether intentional or the result of negligence. While the aggrieved may eventually learn to accept the tragedy and act reasonably toward the wrongdoing, the situation at hand calls for serious legal recourse. That means demanding rightful compensation for those the deceased has left behind.
If you’ve lost a loved one under circumstances that might constitute wrongful death, it pays to know your legal options. This article outlines common causes of wrongful death in New York City, including some less obvious factors, to prepare you before filing a lawsuit.
What Is Wrongful Death?
Wrongful death, in legal terms, refers to a situation where a person’s death is caused by another party’s negligence or misconduct. In New York, close family members such as spouses, children, or parents often have the right to pursue a wrongful death claim. These claims are intended to secure compensation for various losses, including funeral costs, lost income, medical expenses, and the emotional suffering resulting from the loss of their loved one.
Common Causes of Wrongful Death in NYC
In NYC, some of the most common causes of wrongful death are not what you’d expect. From traffic accidents to medical malpractice, the causes can vary widely, but they all have one thing in common: negligence. Some of the most common causes of wrongful death in the city include:
Traffic Accidents
Traffic accidents, particularly those involving motor vehicles, are a leading cause of wrongful death in NYC. These fatalities are often caused by distracted driving, speeding, or driving under the influence. Pedestrian and bicycle accidents also claim many lives, with the city’s dense population and traffic congestion making it a dangerous environment for those on foot or on two wheels.
Medical Malpractice
Wrongful death cases resulting from medical negligence are more common than most people realize. Fatal consequences can be a result of serious issues, including misdiagnoses, medication errors, surgical mistakes, or a failure to provide necessary treatment.
Take, for example, a case where a patient dies after a doctor fails to diagnose a treatable form of cancer. If the delay contributes to the patient’s death, the surviving family may have grounds to file a wrongful death lawsuit against the healthcare provider.
Workplace Accidents
In New York, workplace accidents are unfortunately frequent in certain industries, such as construction and manufacturing. Fatal accidents on construction sites, caused by equipment failure or inadequate safety measures, can have devastating consequences. Employers can be held accountable for wrongful death if their failure to provide a safe working environment leads to workplace accidents. A wrongful death attorney in NYC can help families pursue claims against both employers and other parties that contributed to the fatal accident.
Premises Liability
If an accident happens on another person’s property, the property owner may be responsible in cases of wrongful death. Premises liability includes various situations, such as slip-and-fall incidents, lack of proper security, or unsafe property conditions due to poor maintenance. A tragic example might be a fatal fall caused by a slippery floor in a supermarket or a lack of proper lighting in a parking garage.
Criminal Acts
Criminal acts, including homicides, assaults, and even negligent acts such as drunk driving, can also result in wrongful death. For instance, a fatal stabbing or shooting resulting from a domestic dispute or gang violence could result in both criminal charges and a civil wrongful death suit.
Filing a Wrongful Death Lawsuit in NYC
A wrongful death lawsuit can help ease the financial burden that follows the loss of a loved one caused by someone else’s negligence or wrongdoing, while also ensuring that those responsible are held accountable.
The process of filing a wrongful death lawsuit in NYC typically involves the following steps:
- Determining the cause of death: A detailed investigation is essential to identify those responsible.
- Determining eligibility: Family members of the deceased are usually the plaintiffs in these cases.
- Filing the claim: Filing a wrongful death lawsuit should be done within two years of the deceased’s passing, per New York’s statute of limitations.
- Gathering evidence: Your legal representative will assist in compiling necessary documentation, such as medical files, incident reports, and witness testimonies, to construct a compelling argument.
Why You Need a Wrongful Death Attorney in NYC
Filing a wrongful death lawsuit in New York is complex, requiring expert legal knowledge and a strong understanding of the state’s personal injury laws. If you’re dealing with a wrongful death attorney in NYC, an attorney can guide you through everything, from collecting evidence to handling insurance negotiations. A skilled attorney can also help you understand what compensation you are entitled to, so you don’t have to settle unfairly.
| Related reading: How to Make an Accident Report in Construction: 4 Steps |
At Keith D. Silverstein & Associates, we have extensive experience handling wrongful death cases. We know how hard it is, both emotionally and financially, to go through something like this. If you are considering filing a wrongful death lawsuit, reach out to our team for a consultation.
