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What Injuries Can Lead to a Wrongful Death Claim in New York?

What Injuries Can Lead to a Wrongful Death Claim in New York?

Losing a loved one is never easy, regardless of the circumstances. However, if the death was caused by an accident involving another person’s negligence, it can be even more devastating. Depending on the scenario, relatives of the deceased may be able to file a wrongful death claim. This type of personal injury claim can seek compensation for hardship due to the death of a family member. For example, if the victim was the head of the household, it can put a big strain on his or her spouse, especially if they do not work and are left to raise their children on their own. It is important to understand what constitutes wrongful death in order to seek justice on a loved one’s behalf.

Examples of Fatal Injuries

Injuries can be the result of a car crash, falling, or even an animal attack. In many cases, wounds are treatable, and victims can recover. However, there are injuries that can be debilitating and prove fatal. Below are a few of the types of accidents or negligent behaviors that can lead to fatalities:

  • Motor vehicle accidents: The sheer speed and force involved in an automobile collision can cause an occupant to die upon impact or from the injuries suffered. Many crashes are caused by intoxicated or distracted drivers.
  • Dog bite/attack: Lacerations from an animal attack can become infected or cause a victim to bleed out in some cases. A pet owner may be held liable if their dog attacked someone without provocation.
  • Slip and fall: By tripping and falling, a person can hit their head and sustain a traumatic brain injury (TBI) that could result in paralysis, permanent brain damage, or a vegetative state. These injuries may occur if property owners do not maintain safe and secure environments for the public and/or customers.
  • Nursing home negligence: Residents at a long-term care facility are often in a fragile state. Abuse or neglect by medical staff can lead to deadly infections or illnesses.
  • Medical malpractice: A misdiagnosis or surgical error can cause a patient to suffer a massive heart attack, a stroke, or other injuries that may prove fatal.

New York Personal Injury Law

A loved one’s death can affect many people, especially his or her immediate family. According to New York personal injury law, a wrongful death claim can provide for damages awarded to the members of a family, and these damages may include:

  • Grief and anguish
  • Loss of love, protection, comfort, and companionship
  • Reasonable funeral expenses
  • Reasonable expenses for medical care or treatment prior to death
  • Monetary damages due to loss of services, support, or inheritance
  • Loss of nurture, guidance, or education

It is important to note that the statute of limitations for New York wrongful death claims is two years. This means a plaintiff has 24 months from the date of a loved one’s death to file a wrongful death lawsuit.

Contact a Brooklyn, NY Wrongful Death Lawyer

Accidents can happen for various reasons, but sometimes they are caused by another party’s failure to use reasonable care. The injuries suffered in these accidents can prove fatal, and if you lost a loved one due to another person’s negligent actions, you may be able to recover damages. The attentive New York City personal injury attorneys at Goldberg Sager & Associates have more than 50 years of experience pursuing many types of personal injury claims. We will aggressively advocate on behalf of you and your family for the best possible outcome. To schedule a free consultation, call our office today at 718-514-9516.

Source:
https://www.nysenate.gov/legislation/bills/2019/a5612

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