Wrongful death occurs when a person’s life is lost due to another’s negligence, recklessness, or intentional act. The New York City personal injury lawyers at Lipsig, Shapey, Moverman, Freund & Wisell, PLLC have guided many families through these devastating cases with compassion and determination. Losing a loved one because of someone else’s actions is deeply painful, but the law provides a path toward justice and financial recovery that can help families begin to move forward.

Wrongful Death Claims

Wrongful death claims are brought against defendants who either caused someone else’s death through negligence or as a result of some intentional action. Wrongful death claims provide the deceased’s loved ones (or the deceased’s estate) with a mechanism for bringing a lawsuit against the person legally responsible for causing their family member’s death. A wrongful death claim is a specific kind of civil lawsuit that obviously deals with the harshest accidents of all – those where a loved one is lost because of someone else’s negligence.

The Elements of a Wrongful Death Claim

If an injury victim who dies as a result of someone else’s negligence would have been justified in bringing a personal injury claim if he or she had lived, a claim of wrongful death is likely appropriate. Several important elements must be present in any successful wrongful death claim.

The Defendant Owed a Legal Duty to the Deceased

The defendant in the wrongful death case must have had some duty to the deceased, but this relationship does not have to be as complicated as you may think. We all have a general legal obligation to avoid actions that put others at unnecessary risk. For example, when a motorist gets behind the wheel of his or her car, that driver takes on the immense responsibility of driving safely.

If the motorist fails to do so and his or her negligence leads to an accident that causes your loved one to be killed, that negligent driver had an obligation to your loved one (the obligation of driving reasonably safely). Another example is that manufacturers have an obligation to make products that are reasonably safe for consumers to use as intended.

Defendant Breached That Duty of Care

It is necessary for the defendant to have breached his or her obligation to the deceased. The standard of negligence in a wrongful death claim is generally based on what a reasonable person/peer would have done in a similar situation. If a reasonable person had behaved more prudently or with more care, the defendant could be deemed negligent in his or her actions. For example, because the motorist above failed to drive reasonably safely, the driver breached the obligation owed to the deceased.

The Breach Directly Caused the Victim’s Death

The defendant’s breach of obligation must have directly caused your loved one’s death, for example. If the driver’s negligence caused an accident that leaves your loved one dead, you likely have a viable wrongful death claim.

The Family Suffered Compensable Damages

To bring a wrongful death claim, you must be able to show that the death of your loved one caused you (and your family) to suffer real damages. Such damages can include:

Medical bills that apply to the deceased’s medical care after sustaining the injury that ultimately led to his or her death
Lost wages and earnings – if the deceased’s income helped support the claimants
The emotional pain and suffering endured by the deceased as a result of his or her final injury or illness

An experienced New York wrongful death attorney will help you establish each of these elements in your case and will skillfully advocate on your behalf for the compensation to which you are entitled. While no amount of money can bring your loved one back, obtaining compensation for your damages can help you and your family move forward after this extremely painful setback.

Causes of Wrongful Death

The most common circumstances that result in a wrongful death claim include:

Reckless Driving – Motorists are responsible for traveling our roads in a reasonably safe manner, and when they fail to do so, they endanger everyone who shares the road with them. When reckless driving results in a fatal accident, a wrongful death claim can ensue.
Airplane Crashes – Airplane manufacturers are responsible for building safe planes, airplane pilots are responsible for safely flying those planes, and airplane companies are responsible for operating a safe overall operation. When any one of these parties fails to fulfill their responsibilities regarding safe airline travel, dangerous accidents and wrongful death claims can be the result.
Workplace Accidents – While dangerous accidents can happen at any job, including office jobs, certain types of work are most prone to deadly accidents. Construction accidents and factory worker accidents are two prime examples.
Unsafe Premises – When we enter stores, restaurants, and movie theaters (and even private residences to a somewhat lesser extent), we are owed a reasonably safe experience. When these entities fail to keep their premises in reasonably safe condition, it can lead to dangerous – even deadly – accidents like slip and falls, that could end in wrongful death claims.
Defective Products – We all use a wide array of consumer products throughout the day, and we have a reasonable expectation that they are safe to use. When a product is dangerously defective, it can lead to life-threatening injuries. Defective pharmaceuticals, defective baby products, and defective toys are items that are often associated with wrongful death claims.
Pedestrian Accidents – When you head out in New York on foot, you know that you’re making a healthy choice, but you might not stop to consider exactly how vulnerable you are to being injured in a traffic accident. When you’re walking, after all, absolutely nothing comes between you and the impact of an accident with an immensely heavy vehicle. Fatal pedestrian accidents can result in wrongful death claims.
Nursing Home Abuse – Nursing home residents typically have little choice regarding their living situations. Generally, residents are placed in nursing homes by their families. Residents of nursing homes are among society’s most vulnerable citizens, and when they suffer abuse at the hands of their caretakers, it’s an especially egregious situation. If you’ve lost a loved one to nursing home abuse, you need an experienced wrongful death attorney on your side.

Liability for a Wrongful Death

These are just a few of the possible causes of a wrongful death. Liability for an accident or death is a complex issue; knowledgeable personal injury attorneys can determine whether the family of the deceased may have a valid wrongful death case.

The Family of the Deceased May Act

The husband or wife, children, and parents of the deceased are among those who may pursue a legal action for wrongful death. If a minor child would be the appropriate person to file a wrongful death claim, he or she will need an adult guardian to act on his or her behalf.

Losses in a Wrongful Death

No matter what the circumstances of a wrongful death, the family members left behind will be faced not only with the shock and heartache of losing a loved one, but also with many complex financial challenges, including costs and losses such as:

Medical and hospital bills related to the deceased’s final illness or injury
Funeral and burial expenses
Loss of financial support from the deceased, including future earnings
Emotional pain and suffering of the survivors
Loss of the companionship of a spouse, parent, child, or other loved one
Compensation for the deceased’s suffering
Loss of a parent’s training and guidance

Statute of Limitations

New York imposes a time limit for bringing a wrongful death claim – known as a statute of limitations. You must file your wrongful death claim within two years of your loved one’s death. If the claimant is a child or is otherwise incapable of bringing such a claim, a guardian is expected to do it for him or her – there is no extension of time available in such an instance.

Your Wrongful Death Case

If your loved one was killed in an accident that was caused by someone else’s negligence, your case will likely follow a path similar to the one outlined below:

Gather all the pertinent facts and evidence to help establish that your case has all of the elements necessary to prove wrongful death.
Your attorney will calculate the full spectrum of damages you suffered as a result of your loss.
Negotiate on your behalf with the defendant’s attorney (or insurance company) for compensation that covers your damages in their entirety.
Your attorney will hire the appropriate experts in support of your wrongful death claim.
If your attorney is unable to reach an acceptable settlement with the defendant’s representatives, he or she will move forward with filing a complaint with the court, which will instigate your wrongful death lawsuit.
In the lawsuit, you are the plaintiff – the person who brings the suit – and the person whom you charge as being responsible for your loved one’s death is the defendant.
Your complaint will outline the specifics of your case, which includes your reasons for bringing the suit, the law supporting your case, and the damages for which you seek compensation.

This is a necessarily simplified outline of an extremely complex legal procedure that requires professional legal counsel to ensure that your rights are protected throughout.

Losing a loved one to the negligence of someone else is unspeakably painful, but it is not especially uncommon. Wrongful death claims are unique cases that require specialized legal attention. The loss of your loved one is likely to reverberate in your family’s life far into the future, and in myriad ways. While no amount of compensation can ever bring your loved one back into the family fold, obtaining the compensation to which you are entitled can help you move forward on the long, arduous path toward some form of recovery.

Speak to Our Experienced Wrongful Death Attorneys Today

If you believe that your loved one’s death could amount to a wrongful death claim, you owe it to yourself, your family, and your loved one’s memory to consult with an experienced New York wrongful death attorney today. It’s important to remember that a statute of limitations does apply. If you’re ready to explore your legal options with one of the dedicated wrongful death attorneys at Lipsig Law in New York City. Our firm is one of the oldest personal injury firms in the City, and this level of experience informs our work in every wrongful death case. Your case matters, and we’re here to help. Contact us online or call us at 212-285-3300 to schedule a free consultation today.

Wrongful Death Lawyers in New York City