Can I Recover Damages for a Wrongful Death in New York?

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It is an unfortunate fact that medical errors are estimated to be responsible for 45,000 to 98,000 deaths a year. If your loved one has recently lost their life as a result of medical malpractice, you may be eligible for a medical malpractice claim. Read on to learn the frequent causes of wrongful death and how a seasoned New York City wrongful death attorney at Mark L. Bodner, P.C. can help you fight for the compensation you requires for your damages.

How does New York State law define wrongful death?

In regards to medical malpractice, wrongful death is when medical professionals do not exercise their duty of care, therefore negligently ending a person鈥檚 life.

What are some common causes of wrongful death?

In the medical space, wrongful death typically occurs due to surgery errors. Other examples of improper care by medical professionals include failure of a timely diagnosis, fatal inattentiveness to patients, or administration of the incorrect medication.

What are some of the damages recoverable in a wrongful death case?

If you lost your loved one due to an incident of medical malpractice, you may file a case against the negligent physician, staff, or hospital. If successful, you may recover financial compensation for the following:

  • Funeral and medical expenses, as well as all other lawful elements of expense.
  • Benefits the deceased’s loved one would have received had the wrongful death not occurred, such as financial support, voluntary assistance, and a possible inheritance.
  • Increased earnings that the deceased could reasonably have received through a raise or promotion, especially if they recently obtained a college degree, completed higher education of some sort, or got a new, higher-paying job.
  • If the deceased had children, the estate representative may also receive compensation for the loss of a parent鈥檚 nurture and guidance.

Additionally, you may also receive compensation on behalf of your lost loved one, such as the following:

  • The deceased’s loss of enjoyment of life due to the act of negligence.
  • The injuries sustained by the deceased.
  • The deceased’s conscious pain and suffering due to the negligent act.
  • The deceased’s awareness of impending death.

What is the statute of limitations in New York?

The statute of limitations for a wrongful death claim in the state of New York is two years from the date of the death. However, in some circumstances, it may be shorter. This is why it is important to contact a New York City medical malpractice attorney as soon as possible.


At Mark L. Bodner, P.C., we are committed to guiding clients through each step of the medical malpractice and personal injury claims process. Our firm understands how traumatic it can be when you become a victim of negligence. We are prepared to fight on your behalf to help you recover a maximum compensation award.聽Contact our firm today.