What Legal Requirements Exist for a Wrongful Death Lawsuit?
Wrongful death is a legal term that indicates a party’s unlawful actions caused a death to occur. Obviously, not every death is a wrongful death. What makes a death wrongful in the eyes of New York State law?
What Elements Are Necessary for a NY Wrongful Death Lawsuit?
To bring a wrongful death case in New York, the following elements are necessary:
An individual died (New York State law does not recognize a fetus that dies before birth as an individual, even if a wrongful act killed the fetus)
The person died as a result of another’s wrongful act, neglect or failure to fulfill a legal obligation
If the person had lived, he or she would have been able to take legal action against the person who was responsible for the harm
The person who died must be survived by one or more persons who suffered loss as a result of the death
Damages exist that can be recovered by the estate
The court has assigned a personal representative, and that person is the only one who can file the lawsuit on behalf of the surviving beneficiaries (exception below)
When a personal representatives refuses to bring a wrongful death lawsuit, the surviving family may have an administrator appointed to prosecute the wrongful death on their behalf
If a criminal action was brought against the same defendant with regards to the wrongful death, the personal representative has at least one year from the termination of the criminal action to file a wrongful death lawsuit even if the two year statute of limitations has expired or if there is less than a year remaining before the statue would expire.
Under New York law, if you are injured on the job, you have a right to seek workers’ compensation benefits to cover lost wages and to pay for medical care. But what happens if you are killed in a work-related accident? Do your dependents have any recourse for loss of support or loss of companionship/consortium? The answer is yes. Read More:
At Pyrros & Serres LLP, we provide comprehensive counsel to people with workers’ compensation and Social Security disability claims in Brooklyn, Queens, the Bronx and across the greater New York City metropolitan area. Because of our reputation for effective advocacy, many of our new clients come to us as referrals from clients and other lawyers.
All it takes is one small mistake for a disaster to occur. No matter how much research is done when choosing a hospital, it is impossible to predict a situation such as one that occurred last month in Oregon. Loretta Macpherson, a patient at a Bend, Oregon hospital, died after being administered wrongful medication. Ms. Macpherson, 65, had arrived at the hospital to receive an anti-seizure medication, fosphenytoin, following her brain surgery. Rather than being given the correct medication, Ms. Macpherson was administered a paralyzing agent, rocuronium—often reserved for surgical procedures. Read More
There is no shortage of cautionary tales stemming from the negligence of hospital staff. The role of hospitals in our society is unique, in that it is one of the rare instances where a person gives their full trust and confidence of their lives to complete strangers. Fortunately, the law provides victims of medical malpractice and their families the right to seek remedies in courts. Read More
The Attorneys at Sackstein Sackstein & Lee, LLP will fight to protect your rights. If you or a loved one suffered a serious injury (or worse) as a result of medical negligence that occurred in a New York hospital, you should promptly consult with a New York medical malpractice attorney who may investigate your hospital malpractice claim.
To learn more about our firm, please visit us online on or contact us on our toll-free line 516-248-2234 to be connected with medical malpractice attorneys.