Losing a family member is always traumatic. And when that loss is the result of negligence, the family understandable wants the responsible party held legally accountable. This is where a wrongful death lawsuit can provide a sense of justice and closure.

An experienced New York City wrongful death lawyer can review your case and advise you of your rights. At Poltielov Law Firm P.C., our personal injury team understands this is a difficult time for you and your family. Of course, no amount of financial compensation can ever replace a loved one. But in our legal system a wrongful death lawsuit is often the best way to ensure accountability for one’s actions.

A wrongful death lawsuit is a special type of personal injury claim authorized by state law. New York’s wrongful death statute allows the spouse, children, parents, and personal representative (executor) of the deceased victim to sue any parties whose negligence caused or contributed to their death. In this sense, a wrongful death lawsuit is the personal injury claim that the victim would have filed had they survived.

In addition to proving the defendant’s negligence, the plaintiffs in a wrongful death lawsuit also need to show their pecuniary loss. This refers to the financial losses suffered by the family members or estate as a result of the victim’s death. For instance, if the victim was the primary wage earner for the family, the income they would have continued to earn had they lived would be a pecuniary loss. Other pecuniary losses include the victim’s medical expenses and funeral and burial costs.

The same types of negligent acts that lead to personal injury claims also produce wrongful death lawsuits. Here are just a few common examples:

  • Car Accidents – If a loved one has been killed by a reckless or drunk driver, the family and estate can file a wrongful death lawsuit against that driver and potentially other parties, including the owner of the vehicle or the company that employed the driver.
  • Medical Malpractice – If a doctor, nurse, hospital, or other health care practitioner or facility violated the accepted standard of medical care and caused a patient’s death, they can be sued under New York’s wrongful death law.
  • Premises Liability – Sometimes a person dies as the result of an accident on private or public property that has not been properly maintained. The property owner can be held legally responsible for such deaths.

Although families often do not relish the prospect of filing a wrongful death lawsuit in the midst of dealing with their grief, it is important to note that most of these claims are settled out of court. When a party knows its negligence was the likely cause of someone’s death, they are often eager to avoid the time, expense, and publicity of a trial. By working with an experienced New York City wrongful death attorney, you can help ensure that any settlement is on terms that you and your family can live with.

So if you need to speak with a wrongful death lawyer, contact Poltielov Law Firm P.C., or call us now at 718-880-2911 to schedule an initial consultation.