Wrongful Death

What is Wrongful Death?

In New York, wrongful death refers to a death that is caused by the wrongful act, neglect, or default of another person or entity. It is essentially a civil claim brought by the surviving family members or representatives of the deceased person seeking compensation for the damages caused by the death.

The purpose of the claim is to provide financial support to the surviving family members who are left with expenses related to the death, such as funeral costs, medical bills, and lost income. Wrongful death claims can arise from various situations, including car accidents, medical malpractice, construction accidents, and other accidents caused by negligence or intentional harm. Here are some wrongful death facts:

In 2019, there were 166,196 deaths in New York State, according to the Centers for Disease Control and Prevention (CDC).
According to the CDC, the leading causes of death in New York in 2019 were heart disease, cancer, and COVID-19.
Wrongful deaths can occur in various situations, including car accidents, medical malpractice, workplace accidents, and nursing home abuse or neglect.
In 2018, there were 35,414 deaths due to unintentional injuries in New York, according to the New York State Department of Health.
Motor vehicle accidents were the leading cause of unintentional injury deaths in New York in 2018, with 1,135 fatalities, according to the New York State Department of Health.
In 2019, there were 1,143 pedestrian fatalities in New York City alone, according to the New York City Department of Transportation.
Medical malpractice is another common cause of wrongful death, and in 2018, there were 221 medical malpractice payouts in New York, totaling over $600 million, according to the National Practitioner Data Bank.
Wrongful death claims in New York can result in significant damages, with some cases resulting in multi-million dollar settlements or verdicts.
Surviving family members who may be eligible to file a wrongful death claim in New York include spouses, children, parents, and siblings.
If you have lost a loved one due to wrongful death in New York, it’s important to seek the guidance of an experienced attorney who can help you understand your legal rights and options. At Viscosi Law, we have a team of experienced attorneys who are dedicated to helping clients seek justice and fair compensation for their losses.

Types of Wrongful Death

Here are some of the types of wrongful deaths that can occur:

Medical Malpractice

Medical malpractice is a serious issue that can have significant and long-lasting consequences for patients in New York. It occurs when a healthcare provider, such as a doctor or nurse, provides care that falls below the standard expected of their profession, resulting in injury or harm to the patient.

Medical malpractice can take many forms, including misdiagnosis, surgical errors, medication errors, and failure to diagnose. In New York, patients who have been harmed due to medical malpractice may have the right to file a legal claim for damages, which can include compensation for medical expenses, lost wages, and pain and suffering.

The implications of medical malpractice can be far-reaching and include both physical and emotional harm. Patients may suffer from prolonged recovery times, additional medical expenses, and a diminished quality of life. In severe cases, medical malpractice can result in permanent disability or even death.

If you or a loved one has suffered harm due to medical malpractice in New York, it’s vital to seek the guidance of an experienced attorney who can help you understand your legal rights and options. A skilled attorney can review the details of your case, gather evidence, and work to hold the responsible parties accountable for their actions.

If you have been harmed due to medical malpractice, don’t wait to seek help. Contact Viscosi Law today to schedule a free consultation with one of our experienced attorneys and learn more about how we can help you.

Car Accidents

Car accidents are a tragic reality in New York, with thousands of people losing their lives or suffering serious injuries each year. When a car accident results in a wrongful death, it can have a devastating impact on the victim’s loved ones, who are left to deal with the emotional and financial aftermath.

A wrongful death occurs when a person dies due to the negligence or recklessness of another person or entity, such as a negligent driver. In New York, surviving family members may have the right to file a wrongful death claim against the responsible party, seeking compensation for damages such as medical expenses, funeral costs, and loss of income and support.

To prove a wrongful death case in a car accident, the plaintiff must show that the defendant had a duty of care to the victim, breached that duty of care, and caused the victim’s death. For example, if a driver was texting while driving and caused a fatal car accident, the driver may be held liable for the victim’s wrongful death.

The charges for wrongful death in a car accident may include:

Negligence: Negligence occurs when a driver fails to act reasonably while driving, resulting in a fatal accident.
Recklessness: Recklessness occurs when a driver acts with willful disregard for the safety of others on the road, which results in a fatal accident.
Intentional Misconduct occurs when a driver intentionally causes a fatal accident.
Product Liability: If the car involved in the accident had a manufacturing defect that contributed to the accident, the car’s manufacturer may be held liable for the wrongful death.

It is important for the surviving family members to contact an experienced personal injury attorney as soon as possible to discuss their legal options and seek compensation for their losses.

At Viscosi Law, we understand the devastating impact a wrongful death can have on a family, and we are committed to helping our clients seek justice and fair compensation. Our team of experienced attorneys has a proven track record of success in handling wrongful death claims, and we are dedicated to fighting for our client’s rights and interests.

In addition to handling wrongful death claims, we also help clients who have been injured in car accidents due to another driver’s negligence. Car accident injuries can be severe and life-altering, resulting in medical expenses, lost wages, and emotional trauma.

Trucking Accidents

In trucking accidents, wrongful death can occur due to the negligence of the truck driver or the trucking company. This can include driving while fatigued, distracted driving, driving under the influence of drugs or alcohol, speeding, or failing to maintain the truck properly. Wrongful death in trucking accidents can also occur due to defective or malfunctioning truck parts or equipment, such as faulty brakes or tires.

The family members of the victim of a wrongful death in a trucking accident may be able to file a wrongful death claim against the truck driver and/or the trucking company. Damages that may be recovered in a wrongful death claim can include compensation for medical expenses, funeral expenses, lost income, and loss of companionship.

Workplace Accidents

Workplace accidents can lead to wrongful death claims if an employee dies due to the negligence or unlawful conduct of their employer or a third party. Common workplace accidents that may result in wrongful death claims include:

Falls from heights, such as from ladders, roofs, or scaffolding
Electrocution or electrical burns
Machinery or equipment accidents
Exposure to toxic substances
Car or truck accidents while on the job
Construction accidents
Workplace violence

If an employee is killed due to one of these accidents or another type of workplace accident, their family may be entitled to bring a wrongful death claim against their employer or a third party. These claims may provide compensation for the loss of the employee’s income and support, as well as for their pain and suffering and funeral expenses.

Defective Products

Defective products and wrongful death can be intertwined when a product malfunctions or failure leads to a fatal accident or incident. In such cases, the manufacturer, distributor, or seller of the product can be held liable for the victim’s wrongful death.

Here are some examples of defective products that can lead to wrongful death claims:

Defective medical devices: Medical devices such as implants, pacemakers, and defibrillators can malfunction and cause fatal injuries or complications.
Defective automobiles: Vehicles with defective parts such as brakes, tires, or airbags can cause fatal accidents.
Defective machinery or equipment: Heavy machinery or equipment used in construction, manufacturing, or other industries can cause fatal injuries if defective or malfunctioning.
Defective consumer products: Products like toys, appliances, and electronics can be dangerous if they are defectively designed or manufactured.

The charges for wrongful death in such cases can depend on the circumstances of the incident and the parties involved. The deceased’s family may be able to file a wrongful death lawsuit to seek compensation for damages such as funeral expenses, lost income, and loss of companionship.

Nursing Home Abuse or Neglect

Nursing home abuse or neglect can result in a wrongful death claim if the neglect or abuse directly leads to the resident’s death. Common examples of nursing home neglect or abuse that can lead to a wrongful death claim include:

Failure to properly monitor or treat medical conditions
Dehydration or malnutrition
Medication errors
Falls and other accidents
Physical or emotional abuse by staff or other residents
Neglect of basic hygiene and personal care
Failure to prevent or properly treat infections

Suppose a loved one dies due to nursing home abuse or neglect. In that case, the family may be able to file a wrongful death lawsuit to hold the facility and its staff accountable and seek compensation for damages such as funeral expenses, medical bills, and pain and suffering.

Premises Liability

Premises liability refers to the legal responsibility of property owners to maintain safe conditions on their premises for visitors and guests. If a property owner is negligent in maintaining safe conditions, and a person is killed, the surviving family members may have grounds for a wrongful death claim.

Examples of premises liability cases that could result in a wrongful death claim include:

Slip and fall accidents due to unsafe conditions, such as wet floors, uneven surfaces, or inadequate lighting
Dog attacks on the property, led to fatal injuries
Accidents caused by dangerous or defective elevators, escalators, or other machinery on the property
Accidents due to inadequate security measures, such as assaults or robberies, resulting in death

In such cases, the surviving family members may be able to pursue compensation for damages related to their loved one’s wrongful death, including medical expenses, funeral costs, lost income, and pain and suffering.

Criminal Acts

Wrongful death can also occur due to criminal acts like murder, manslaughter, or assault. In these cases, the perpetrator may face criminal charges and be subject to imprisonment or other penalties. However, the surviving family members of the victim may also be entitled to file a wrongful death lawsuit against the responsible party for losing their loved one. Criminal acts leading to wrongful death cases are often intentional, but they can also be the result of negligence or recklessness.

Possible Consequences of Wrongful Death

Wrongful death is a devastating event that can leave family members suffering from emotional and financial consequences. If you have lost a loved one due to another party’s negligent or reckless actions, it’s essential to understand the potential effects of a wrongful death in New York. Here are some of the potential consequences of wrongful death in New York:

Financial Losses: Losing a loved one can result in significant financial losses, such as medical expenses, funeral costs, and loss of income and support. In a wrongful death claim, surviving family members may be able to seek compensation for these losses.
Emotional Trauma: Losing a loved one due to the negligence of another party can be a traumatic event, causing emotional distress and pain that can last for years. Surviving family members may be able to seek compensation for their emotional suffering in a wrongful death claim.
Impact on Children: Children who lose a parent due to wrongful death may experience significant emotional trauma and may struggle with their mental health and well-being. In a wrongful death claim, surviving children may be able to seek compensation for their loss and for the impact on their lives.
Loss of Companionship: Losing a loved one can significantly lose companionship and support, leaving surviving family members feeling isolated and alone. In a wrongful death claim, surviving family members may be able to seek compensation for this loss.
Punitive Damages: Sometimes, a court may award punitive damages in a wrongful death claim. These damages are intended to punish the responsible party for their actions and discourage similar behavior.

If you have lost a loved one due to wrongful death in New York, it’s vital to seek the guidance of an experienced attorney who can help you understand your legal rights and options. At Viscosi Law, we have a team of experienced attorneys who are dedicated to helping clients seek justice and fair compensation for their losses. Contact us today to schedule a free consultation and learn more about how we can help you.

Call Viscosi Law Today

Wrongful death is a devastating event that can leave surviving family members reeling from the emotional and financial consequences. If you have lost a loved one due to another party’s negligence or reckless actions, it’s important to seek the guidance of an experienced attorney who can help you understand your legal rights and options.

At Viscosi Law, we have a team of experienced attorneys who are dedicated to helping clients seek justice and fair compensation for their losses. We understand the complex nature of wrongful death cases and work tirelessly to build strong cases for our clients. We offer free consultations to help you understand your options and determine your case’s best course of action.

Our attorneys have a proven track record of successfully handling wrongful death claims, and we are committed to fighting for our client’s rights and interests. We understand that no amount of compensation can bring back a loved one, but holding the responsible parties accountable for their actions can help provide a sense of closure and justice.

If you have lost a loved one due to wrongful death in New York, don’t wait to seek help. Contact Viscosi Law today to schedule your free consultation and learn more about how we can help you seek justice and fair compensation for your losses. We are here to help you every step of the way.