Wrongful Death in Medical Malpractice Cases

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If your loved one has recently lost his or her life as a result of medical malpractice, there is a very good chance you are looking to file a lawsuit. Though this money will never make up for the pain and suffering brought on by the untimely loss of your loved one, it can help with the financial troubles that may ensue, as well as bring the negligent party to justice. Please read on and speak with our experienced New York wrongful death attorneys to learn more about how we can help.

How does New York State law define wrongful death?

Wrongful death, in terms of medical malpractice, occurs when medical professionals do not exercise their duty of care, therefore negligently ending a person鈥檚 life as a result. Fortunately, if you lost your loved one due to an incident of medical malpractice, you may file a lawsuit against the negligent physician, staff, or hospital.

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

Upon winning your lawsuit, you may recover financial compensation to help make up for the following:

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

Additionally, in some cases, you may also receive compensation on behalf of your lost loved one, such as:

  • The decedent鈥檚 loss of enjoyment of life due to the act of negligence
  • The injuries sustained by the decedent
  • The decedent鈥檚 conscious pain and suffering due to the negligent act
  • The decedent鈥檚 awareness of impending death

How long will I have to sue for wrongful death in New York?

Though the statute of limitations for personal injury claims is, generally, three years in New York State, this window of time is condensed to two years, or sometimes even less. This means that if you do not take legal action against the entity that caused your loved one鈥檚 untimely death, there is a very good chance you will be barred from suing. Do not let this happen. Our firm is ready to begin the claims process and fight for the justice you and your loved one deserve.

Contact our experienced New York City firm

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.