Wrongful Death Cases in New York

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One of the most terrible things that can happen in a person鈥檚 life is losing a loved one. This is especially the case if it is an unexpected and abrupt wrongful death. Wrongful death is when a death happens as a result of another person鈥檚 misconduct. When this happens, families sometimes seek justice and financial compensation for the life that was lost. With the help of a skilled attorney, they are able to seek the due process and compensation they deserve for their loss.

What is Wrongful Death?

Wrongful death is when a person dies as a result of another individual鈥檚 negligence, carelessness, or behavioral misconduct. These deaths can happen as a result of many events. This may include an automobile accident, product malfunction, medical malpractice, unsafe premises, and more. These situations leave families to handle the aftermath of the tragic event. In addition to dealing with a loss of life, they also struggle with the loss of an income.

Types of Cases

There are several ways in which a wrongful death could occur. Lawsuits are typically sought in the event of the following situations:

  • Defective products: If a product is faulty, has a poor design, or lacks warnings it may cause harm and possibly even death to consumers.
  • Automobile accidents: When an accident and death occurs because of another driver鈥檚 negligence on the road. This can be due to distracted or dangerous driving.
  • Medical negligence: If a patient dies because a health care professional failed to provide them with the required standard of care.


A wrongful death case has the power to leave a family with great financial burdens. The process requires several expenses that must be covered. These expenses are often overwhelming, which is why loved ones are able to seek compensation. Pursuing compensation for a wrongful death case can become a complicated task, which is why it is helpful to enlist an experienced attorney for assistance. In the state of New York, compensation may be sought for the following:

  • Medical expenses before death
  • Pain and suffering
  • Lost wages for the deceased鈥檚 future earnings
  • Anxiety and emotional distress
  • The value of the services the deceased provided to the family
  • The loss of guidance a parent provided a child
  • The loss of support from a deceased spouse, parent, or child

It is important to know that there is a statute of limitations on filing a claim for wrongful death. A statute of limitations is a deadline that people are given to pursue legal action for wrongful deaths. Usually, those who file a claim are a surviving spouse or domestic partner. They may also be filed by children, parents, or siblings. The statute of limitations to file a claim in New York is three years from the date of the individual鈥檚 death.

Contact our Firm

If you or someone you know experienced a loss as a result of a wrongful death, contact the Law Offices of Mark L. Bodner, P.C. today.

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.