Hundreds of thousands of people die each year in hospitals due to things that could have been prevented. This could include misdiagnosis or failure to diagnose, unnecessary surgeries, improper medications, ignoring lab results, and poor aftercare. This is different from a defective medical product as it is going after an individual or medical practice (hospital, doctor’s office, etc.), not a medication or medical device. There must be proof of negligence that a professional caused the injury that led to a wrongful death. This can be especially difficult if the person was ill prior to the death. It is important to note that in New York State, you have two and a half years to file a claim from the time of the incident.
Automobile accidents are the most common cause of wrongful death cases in the US. Whether driving under the influence, driving distracted, or not paying enough attention to the road and their surroundings, this type of wrongful death case is caused by someone else's negligence. It is important to contact an accident attorney sooner rather than later to handle your case. This also includes dealing with insurance companies, so you have one less thing to stress about.
Construction Site Accidents
Construction sites can be dangerous if rules and regulations aren’t followed properly. Accidents on the job site can be caused by understaffing and noncompliance with labor laws or by construction worker negligence. Either way, both forms of negligence can be life-threatening. From falls to falling objects, our attorneys are here to help you get compensated for a wrongful death caused by negligence on the job site.
Nursing Home Abuse & Neglect
Deciding to move a loved one into a nursing home facility is a difficult decision on its own without considering possible abuse and neglect they could face. Physical, emotional, sexual, and financial abuse are all causes of wrongful death in nursing homes. While abuse and neglect are different in terms of intent, they are both harmful and may be life-threatening. Forms of neglect can include medical neglect, like failing to administer medicine, personal hygiene neglect, and emotional and social neglect. Regardless of the intent of the nursing home, if a wrongful death occurred under their care, we can help bring justice to the family affected.
There are typically three categories that wrongful deaths due to defective products fall under. Design defects include products that may be dangerous even if used properly. This can refer to medications and medical devices that cause more harm than good even though they are being used the way they were intended.
Failure to warn is another category to file a claim under for defective products. This encompasses products that don’t have a warning label stating the risks associated with it when using the product. This includes children's toys not labeled in an appropriate age range for use or not warning about a choking hazard.
Lastly, we have manufacturing defects which happen when the product is made but it doesn’t meet the agreed upon standard. This could be an entire product line or a one-off item that was affected. It is important to note that you have three years from the date of injury to file a defective product claim in New York State.
Why Consider Working with a Wrongful Death Attorney
Damages Can Be Recovered
In successful wrongful death suits, families of the deceased can recover two forms of compensation: economic loss and conscious pain and suffering. These can include medical expenses, funeral costs, future income lost due to the family member dying, and reductions in inheritance.
What to Do After A Suspected Wrongful Death Accident
If you suspect that the death of a loved one was wrongful, contact a wrongful death attorney as soon as possible. You have two years to file a claim in NYS but building a strong case takes time so it is best to start as soon as possible.