Wrongful Death Attorney
New York Brain Injury Lawyer
$3.5 Million jury verdict on behalf of the husband and son of a 32 year old woman who had just delivered her first child. She went into sickle cell crisis, did not receive a timely transfusion for over 10 days, and died shortly thereafter.
When Someone Unjustly Dies Because of the Acts of Another: the Tragedy of Wrongful Death
Wrongful death attorneys know that the passing of a loved one is always a loss, but never more so than when that passing is an outright tragedy: death unfairly caused by the actions of another. For the wrongful death lawyer, there is no case more deserving of justice than one seeking to help the loved ones of someone who has died because of the wrongs of another person.
Dealing with the issues surrounding a wrongful death can be understandably painful for those who survive the loss of a loved one. It is crucial to have an experienced and compassionate wrongful death lawyer who understands the impact this can have on a family.
Wrongful death attorneys can file suit on behalf of the decedent’s loved ones to obtain a money judgment on the family’s behalf. Mark L. Bodner is a nationally recognized wrongful death lawyer who is committed to helping you and your immediate family receive financial compensation from the parties responsible for the death.
While no amount of money can replace a loved one, a wrongful death lawsuit can offer some sense of justice and help cover costs such as medical or funeral expenses, lost wages and other forms of compensation.
Wrongful death is death caused by another's negligence. If you believe that an immediate family member was a victim of wrongful death, you may be entitled to financial compensation. Contact New York wrongful death lawyer Mark L. Bodner for a free consultation.
What is Wrongful Death?
Wrongful death is a legal term that describes a situation where negligence leads to the death of another person. Wrongful death occurs for a variety of reasons, including medical malpractice, workplace accidents, automobile or airline accidents, exposure to hazardous conditions or substances, or other serious accidents during a supervised activity. The goal of the attorney is to make sure that the survivors and beneficiaries are compensated for their loss and cared for during the years after the death has taken place. An attorney experienced in wrongful death law can achieve the best possible outcome in a wrongful death lawsuit on behalf of a family.
While it is difficult for family members to think in terms of lawsuits shortly after the death of a loved one, it is also important that an investigation into the wrongful death not be delayed. Problems can occur with the passage of time - evidence and key witnesses are not as easily located, recollection of details may fade, and records may be misplaced. There are also strict limitations concerning the time to file a wrongful death claim, and if the family does not start a lawsuit before time limits expire, they could lose the right to bring a lawsuit forever. In New York, the statute of limitations period which applies to wrongful death cases is two years from the date of death. In some circumstances, the statute of limitations may be shorter.
Often when a loved one has died in a hospital, the family does not receive adequate answers to explain what happened. Mark Bodner is a New York wrongful death lawyer who has worked with many families coping with the devastating effects of wrongful death. He knows how to investigate what really happened by getting medical records, consulting with experts and asking the right questions of those who were actually involved with the treatment. He combines compassion with effectiveness to ensure that the family's rights are protected.
Wrongful Death Lawsuits Can Result From Accidents and Errors
- Wrongful Death from Medical Malpractice
Many wrongful death claims are the result of medical malpractice – mistakes or errors by a hospital, doctor, or other health care provider. In fact, medical errors are estimated to be responsible for 45,000 to 98,000 deaths a year - more than those caused by breast cancer, AIDS or motor vehicle accidents, according to the Institute of Medicine of the National Academy of Sciences.
Harvard University has conducted a comprehensive study on medical errors that is widely considered to be the defining statement concerning wrongful death. The Harvard study reveals as many as 120,000 people die every year as the result of medical errors committed in hospitals. Others have reported that as many as 1,000,000 people die annually as a result of medical mistakes made both inside and outside of hospitals.
How does this happen? There can be surgery errors or improper care by a physician. Hospital personnel can fail to timely diagnose a medical problem, or they can be fatally inattentive to patients, or they may administer the incorrect medication. In medical negligence situations, investigations all too often reveal medical malpractice as the cause of death – if investigations ever occur. Since most people never learn about these health care mistakes, they do not know to check with a wrongful death attorney or to seek legal compensation through a wrongful death lawsuit.
Families of patients are sometimes reluctant to pursue a wrongful death claim against a doctor or a hospital, even when they never receive adequate answers to questions about why their loved one has died. Mark Bodner is a New York wrongful death lawyer who has worked with many families coping with the devastating effects of wrongful death.
Mark Bodner knows how to investigate what really happened by getting medical records, consulting with experts and asking the right questions of those who were actually involved with the treatment. He combines compassion with effectiveness to ensure that the family's rights are protected.
- Wrongful Death from Accident or Error
Sometimes, wrongful death lawsuits are the result of a common carrier (e.g., airplane, subway) accident; the exposure on the job to a dangerous environment (for instance, asbestos); or a fatal car accident.
Wrongful death attorneys often file wrongful death claims after other lawsuits are already in process, such as personal injury car accident cases, premises liability/harm on the job lawsuits, or medical malpractice lawsuits. Sometimes, the wrongful death victim will join with other victims in a single lawsuit against the wrongdoer.
The goal of the wrongful death attorney is to make sure that the survivors and beneficiaries are compensated for their loss and cared for during the years after the death has taken place. An attorney experienced in wrongful death law can achieve the best possible outcome in a wrongful death lawsuit on behalf of a family.
$1 Million verdict for the family of a 58 year old executive who was being treated for lung cancer. Following surgery to remove part of the left lung, the doctor neglected to treat excessive mucous in the lungs, which led to the patient developing fatal pneumonia. He died nine days after the surgery.
Wrongful Death Lawyers Pursue Wrongful Death Money Damages for Certain Family Members
Wrongful death attorneys can help family members or the decedent’s estate representative (acting on behalf of the widow or widower, surviving children, parents or other heirs) in filing a wrongful death claim or formal wrongful death lawsuit. Grieving loved ones are allowed money damages under the wrongful death laws for a variety of things, such as:
- Benefits they had a right to expect if there had been no wrongful death, such as financial support, voluntary assistance, and possible inheritance;
- Increased earnings the decedent could reasonably have obtained through further advancement or promotion and increased earning capacity;
- For children, the loss of a parent’s training and instruction, nurture and guidance;
- Funeral expenses, medical expenses, and all other “lawful element” of expense.
These damage amounts are determined by considering the age, earnings, life expectancy, and education of the individual. While it may seem callous to put a price on the life of a loved one, this allows jurors to realistically value the financial and personal impact of the death to survivors. Damages for the pain and suffering of survivors---their understandable grieving---are not available in New York.
In a wrongful death lawsuit, you may also recover monetary damages on behalf of the loved one who has died. New York wrongful death law also provides for the victim; for example, New York wrongful death laws provide for damage awards covering:
- The personal injuries to the person who has died;
- The decedent’s conscious pain and suffering;
- The decedent’s loss of enjoyment of life that he or she experienced before death as a result of the wrongful act (negligence); and
- The decedent’s awareness of impending death.
Wrongful Death Attorney Mark L. Bodner Is Ready To Help Your Family
New York brain injury attorney Mark L. Bodner is a nationally recognized wrongful death lawyer who is committed to helping you and your immediate family in dealing with the wrongful death tragedy you’ve faced. As an experienced wrongful death attorney, Mark Bodner can work with insurance companies and representatives of other responsible parties to resolve your wrongful death claims efficiently and effectively for you.
As an experienced wrongful death lawyer in the courtroom, New York birth injury lawyer Mark Bodner can also file a formal lawsuit based upon the New York Wrongful Death law, suing as many defendants as may share responsibility for the wrongful death of your loved one. In some cases, there may be several defendants who are jointly responsible for the wrongful death: for example, in a medical malpractice case, hospitals, surgeons, anesthesiologists, nurses, and other health care providers may all be partially to blame for the error, and therefore, partially responsible for the financial responsibility defined under the Wrongful Death statute.
Be Aware! Wrongful Death Laws Having Filing Deadlines
If you believe your loved one may have been the victim of a wrongful death, remember it is natural to grieve. Of course, first things must come first: comforting loved ones, arranging the funeral, and emotionally coming to terms with the tragedy are all priorities.
However, Wrongful Death laws all have deadlines: if you do not file your wrongful death claim before that deadline, then the law will bar your claim. Miss the deadline and you lose opportunity to file your wrongful death case.
Additionally, witnesses may forget, and paper evidence may be misplaced. It is important to consult with a wrongful death attorney as soon as possible, if only to determine that exact deadline for filing your case and to make sure evidence is gathered before it is lost.
Have any questions about Wrongful Death Laws?
Feel free to contact wrongful death attorney and New York birth injury attorney Mark L. Bodner today by calling 212-486-3000. Your initial consultation is free, and Mark Bodner will never charge a legal fee on a wrongful death claim unless there is a recovery.