Who files a wrongful death claim?

NYC Hospital Negligence Attorney

Accidents can lead to injuries. Whether these accidents are a motor vehicle accident or a tragic slip and fall, they can result in devastating consequences. These consequences can be difficult for a victim to deal with. When these consequences instead result in death, it can be difficult for the loved ones鈥 of the victim to deal with. During these situations, family members can file a wrongful death claim. When their loved one is involved in an accident that was the result of someone else鈥檚 negligence and it caused their loved one to die, they can hold this person responsible. A wrongful death can be an accident that no one ever saw coming. If your loved one has died due to another party鈥檚 negligence, you may be entitled to compensation on their behalf. Not everyone can file for a wrongful death claim on behalf of their family member though. The personal representative of the estate must be the one to file a wrongful death claim on behalf of the surviving spouse or domestic partner of the victim. If there is no surviving spouse or domestic partner, then the next in line to file the claim would be children, parents or siblings.

What can I gain from a wrongful death claim?

Wrongful death claims can allow family members of the victim to recover money for a variety of expenses that they may need to pay off. These expenses can include medical expenses prior to the death of the victim, pain and suffering of the deceased, lost wages for your loved one鈥檚 future economic earnings, mental anxiety and emotional distress suffered by family members due to their loved one鈥檚 accident, the value of the services for your loved one, the loss of guidance and counsel a parent would have provided to a child and the loss of support and companionship of a spouse, a parent or a child. These damages may be able to benefit a family by covering the cost of medical bills that have piled up. If the deceased party had a will, damages will go to the estate and be allocated in proportion to the loss that each beneficiary of the estate suffered due to their loved one鈥檚 death. When there is no will left by the deceased, the district will follow a set formula to allocate the damages to the family members and beneficiaries involved in the case. These situations can be rough to handle. However, filing a wrongful death claim can be beneficial to your family.

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