12 Sep What are Some Causes of Wrongful Death Claims?
Negligence that leads to an unexpected death may be grounds for a wrongful death claim. This is a type of lawsuit where a deceased person’s official representative can file for civil damages if they prove their case. It’s a broad topic and one important area we offer counsel to clients in New York.
What are the Causes of Wrongful Death Claims?
Wrongful death has many causes, all of which stem from some type of culpable negligence. This includes examples such as:
- Automobile Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Dog Attacks
- Medical Malpractice
- Construction Site Accidents
- Slips & Falls
- Drunk Driving or Drug-Impaired Driving
- Toxic Exposure
. . . and many other circumstances involving negligence.
When we say negligence, this can be at the hands of an employer, a careless driver, a caregiver, a physician, or other fiduciary. In other words, if someone did something unintentional but careless to bring about an unexpected death, chances are there is a case for wrongful death. This even applies to homeowners who fail to install reasonable safety measures around their properties (especially swimming pools).
Wrongful death may be a little trickier in cases involving medical treatment. Medical practice is an entire topic by itself, which requires proof of negligence. However, it may not be grounds for wrongful death when a patient dies because of a surgery or treatment as long as they understand the risks, and freely agree to proceed with it. For these reasons, it’s important to speak with a competent lawyer if you suspect wrongful death.
Who Can File a Wrongful Death Suit?
In the State of New York, the responsibility to file a wrongful death lawsuit rests with the executor of the deceased person’s estate. Other places allow other family members to file a claim, but here it must be the estate’s official representative. The first thing to do is submit a death certificate and all relevant documentation to your attorney, so they can compile evidence that your relative’s death was someone else’s fault.
From there, we can solicit expert testimony depending on the accident or faulty treatment procedure. We can also help you gather medical records, eyewitness statements, surveillance footage, and anything else that will substantiate a wrongful death accusation.
Contact Gruenberg Kelly Della for Sponsorship in any Wrongful Death Case
Your best chance at restitution in these matters happens when you obtain the assistance of experienced lawyers like our team at Gruenberg Kelly Della.
Our trained, barred, and licensed professionals can assist you with any type of personal injury claim, including wrongful death. We’ll pursue your case to the fullest extent of the law. You can find out more about our legal services by contacting us at 631-737-4110.