What Is Wrongful Death?

When a person is killed do the direct negligence of another person or entity, the immediate family of the person who died has the right to sue the at-fault party for damages. When you sue a person, organization, or company for the death of a loved one that could have been prevented, it is called a wrongful death lawsuit.

Wrongful death lawsuits can be filed if a person or entity did not show reasonable care in preventing your loved one’s death or if a person or entity intentionally caused your loved one’s death.

What are some common examples of wrongful death lawsuits?

• Your loved one was killed during a medical malpractice incident in which a doctor, hospital, or medical professional made a medical mistake or acted negligently.
• Your loved one was killed in a car accident, truck accident, motorcycle accident, bike accident, or pedestrian accident in which another party was at fault (drinking and driving, speeding, or driving recklessly, for example).
• Your loved one was killed due to a defective product, a defective drug, a defective medical device, or a defective car part that was sold or manufactured by an irresponsible company.
• Your loved one was killed on another person’s property when the property was not properly maintained or properly secured.

Who may sue for wrongful death? A good rule of thumb is that anyone who is directly and significantly affected by the loss of a loved one and who is financially dependent on a loved one may have the ability to sue for wrongful death. This may be a spouse, the victim’s parents, the victim’s children, the victim’s life partner, or even in some cases more distant relative like grandparents or siblings. You may sue for damages such as lost future wages, loss of companionship, funeral expenses, and pain and suffering.

Wrongful death laws vary by state and can be complicated. If you believe that your loved one’s death could have been prevent if not for the negligent or intentionally malicious actions of a person or organization, the best course of action is to speak with a New York wrongful death attorney as soon as possible.