If your loved one was killed due to another individual’s reckless or negligent actions, it may be possible to hold them accountable through a wrongful death lawsuit. This can help you find some degree of closure for the loss of your loved one and also make sure that you are financially secure.
You must file a wrongful death lawsuit within two years of the death, but to facilitate the investigation, it’s best to contact an attorney right away. The most common type of wrongful death suits are vehicular accidents, medical malpractice, defective products, and workplace accidents. Let’s take a look at each type of New York accident.
Car, Truck, and Motorcycle Accidents
If your loved one is killed in a car, truck, or motorcycle accident due to another party’s reckless behavior, this may be grounds for an auto accident wrongful death suit. Common causes of auto fatalities include driving under the influence of drugs and alcohol, distracted driving, and reckless driving.
To prove a wrongful death claim, you must prove that someone or something else was at fault, that financial or legal dependents survive the decedent, and that monetary loss resulted from the death.
Medical malpractice is unfortunately a common legal problem and one of the leading types of wrongful death suits. In a medical malpractice wrongful death suit, the action of a healthcare provider played a causative role in the death of the decedent.
Common forms of medical malpractice include surgical errors, misdiagnosis, delayed diagnosis, childbirth injuries, medication errors, and anesthesia errors. However, malpractice is in no way limited to these errors. If you think that a healthcare provider’s mistake led to the death of your loved one, you have the right to find out more.
An attorney with experience in medical malpractice can help you determine if a wrongful death suit is appropriate and, if so, build the best possible case.
If a loved one’s death was caused by a defective product, including design flaws, manufacturing flaws, or installation errors, this may be grounds for a wrongful death suit. An experienced personal injury attorney can investigate the product that led to the decedent’s death and determine if the product was poorly designed, improperly installed, or flawed during manufacturing.
In the case of defective products, it is imperative to involve a personal injury attorney. He or she will know how to best investigate defective products and has access to expertise that can help you make the best possible case.
If your loved one was killed in a workplace accident, the employer’s workers’ compensation insurance may cover expenses related to the accident and lost wages. However, insurance claims are often delayed or denied for no reason. Additionally, in some instances, you may not be covered by workers’ compensation insurance, such as when you are an independent contractor or if you work for a very small company.
In the case of any workplace accident resulting in a death, it is wise to involve an attorney to assist you in receiving workers’ compensation. You may also be able to file a wrongful death suit on top of that. Often, third parties have some responsibility for the accident. For example, if the accident was caused in part by defective equipment, the manufacturer or installer of the equipment may also be liable.
A personal injury attorney can help you to determine whether you have received adequate compensation for a loved one’s workplace accident death and if you should seek further damages.