Wrongful death claims can arise from many different types of personal injury. Most wrongful death lawsuits are based on negligence or intentional wrongdoing. These cases claim that the party who caused the decedent’s death is liable for damages that the family sustains.
Three common examples of wrongful death claims in Bronx, NY include:
Motor Vehicle Accidents
Motor vehicle crashes are one of the most common types of personal injury cases. In 2020, Americans had the deadliest year on record since 2007. Over 38,800 people died in traffic accidents that year.
A person can sustain an injury that results in death in traffic accidents involving:
- Passenger vehicles
- Bicyclists
- Pickup trucks
- Motorcycles
- Commercial trucks (e.g., semi-trucks, 18-wheelers, big rigs, tractor-trailers, etc.)
- Mopeds and scooters
- Pedestrians
- Delivery vans
- Rideshare vehicles
Most car accidents in the Bronx occur because of driver negligence. Common factors include distracted driving, drowsy driving, and impaired driving. However, some car crashes could also involve defective automobile parts or unsafe road conditions.
Medical Malpractice Claims
Doctors cannot prevent all deaths. However, medical negligence and errors can cause life-threatening conditions. When a medical provider’s conduct causes or contributes to a person’s death, the provider could be liable for damages in a wrongful death action.
Common examples of medical malpractice that could lead to a wrongful death action include:
- Surgical errors
- Diagnostic errors
- Anesthesia errors
- Failure to diagnose
- Medication errors
- Labor and delivery errors
- Failing to monitor patients
- Misdiagnosis of a condition
- Failing to review a patient’s chart or medical history
- Lack of informed consent for treatment
- Failing to consult or refer a patient to a specialist in a timely manner
Sometimes doctors can be liable for intentional acts that cause a patient’s death. An example might be treating a patient while under the influence of alcohol or drugs. Another example might be a doctor failing to order a life-saving diagnostic test because the patient cannot afford to pay for the test.
Premises Liability Cases
Many people think of premises liability claims as slip and fall accidents. However, premises liability cases cover a wide variety of accidents caused by unsafe property conditions.
Examples of premises liability accidents that could lead to a wrongful death claim include:
- Fires and explosions
- Animal attacks and dog bites
- Swimming pool accidents
- Exposure to toxic chemicals
- Elevator accidents
- Building collapse
- Construction accidents
- Electrical accidents
- Falls
- Drowning
- Workplace accidents
- Food poisoning
If a property owner was negligent, they could be liable for wrongful death damages.
Who Can Sue for a Wrongful Death Claim in Bronx, NY?
In some states, family members can sue the party who caused their family member’s death. However, New York law is different.
New York wrongful death laws require the personal representative for the deceased person’s estate to file the wrongful death lawsuit. The court appoints someone to serve in this position if the person did not name a personal representative in their will.
What Damages Can Family Members Receive in a Wrongful Death Claim in New York?
Money does not replace a family member. Unfortunately, the law cannot bring back a loved one. However, it can hold the responsible party financially liable for damages the family sustains because of the wrongful death.
Damages for a wrongful death claim may include:
- Cremation, funeral, and burial expenses
- Cost of household services
- Parental care
- Loss of income provided by the deceased family member
The estate could file a survivorship action in addition to the wrongful death claim. A survivorship action allows the estate to recover damages the deceased would have been entitled to recover had they lived.
For example, the estate can file a survivorship claim for medical expenses incurred between the injury date and the date of death. If the person had cognitive awareness after the injury, the estate might also recover compensation for the deceased’s pain and suffering.
How Long Do I Have to File a Wrongful Death Claim in New York?
The New York statute of limitations for wrongful death claims is two years from the date of death. However, exceptions apply in some cases. Therefore, it is best to speak with a Bronx wrongful death lawyer as soon as possible.
A lawyer will investigate the claim to identify the liable parties and gather evidence. Attorneys work to get the family the maximum compensation available. They also help family members receive some justice for their loved one’s death.
Contact Our Wrongful Death Law Firm in Bronx, NY
If you need legal assistance, contact the Bronx wrongful death lawyers at Oresky & Associates, PLLC at your nearest location to schedule a free consultation.
We have two convenient locations in New York:
Oresky & Associates, PLLC – Bronx Office
149 E 149th St
Bronx, NY 10451
(718) 993-9999
Oresky & Associates, PLLC – Queens Office
104-09 Roosevelt Ave
Queens, NY 11368
(347) 507-3884
