A Wrongful Death Lawyer New York, NY Respects Explains Wrongful Death Lawsuits
The loss of a loved one due to another person’s negligence can be traumatic, but it may be essential to speak with a wrongful death lawyer New York, NY trusts. At Okun, Oddo & Babat, P.C., we know that the wrongful death of a loved one is never fair. No amount of money could ever replace the loss of human life. However, we know that a successful civil court case may give the victim’s family something very valuable: a sense of justice.
What Constitutes as a Wrongful Death Claim?
A family has the right to file a wrongful death claim if their relative was killed because of someone else’s negligence or because of an intentional act. Here are a few situations where a wrongful death claim may be applicable:
- Medical Malpractice: If your family member’s death occurred because a doctor failed to diagnose a condition or didn’t provide proper care, you may bring a lawsuit against that doctor.
- Car Accident Injuries: If your loved one died in a car accident where another driver was at fault, a wrongful death claim may be applicable.
- Intentional Homicide: If another person killed your family member on purpose, you might consider filing a claim in civil court.
How Do You Prove Your Case?
In order for a wrongful death lawyer New York, NY counts on to prove negligence in a wrongful death claim, he or she must provide evidence that the defendant had a duty to keep the victim safe and failed to do so.
For instance, if your family member was killed by a drunk driver, your wrongful death lawyer in New York, NY may argue that the defendant endangered your loved one’s life and acted negligently. Then, your lawyer must provide proof to the court that the driver’s blood-alcohol level was indeed above the legal limit.
It’s important to keep in mind that wrongful death claims are filed through civil court and not in criminal court. The minimum burden of proof in civil court wrongful death claims is typically much lighter than the minimum burden of proof in criminal court homicide cases.
What Types of Damages Can You Win?
The damages available can differ depending on what state you’re in, but in general, your New York NY wrongful death lawyer may be able to prove that you suffered economic, non-economic and punitive damages.
- Economic: These damages include the financial losses you suffered due to your loved one’s death, such as loss of the victim’s earnings, loss of a pension plan, and funeral expenses.
- Non-economic: Non-economic damages may include the pain and suffering you endured and the loss of companionship, protection, and nurturing from your deceased family member.
- Punitive: These damages may be awarded in lieu of punishments like incarceration or community service hours (which may be awarded in a criminal case conviction). For example, if your loved one was abused in a nursing home and your trusts can prove that, punitive damages may be applicable.
Hire a Wrongful Death Lawyer New York, NY Residents Trust
Your deceased family member deserves justice for what happened, and your family deserves peace of mind while you heal. Working with a reputable wrongful death lawyer New York, NY relies on may increase your chances of winning your wrongful death lawsuit. If you are looking for a wrongful death lawyer New York, NY offers, contact Okun, Oddo & Babat, P.C. today.
Hospital Wrongful Deaths
More than 90,000 patients die every year in accidents caused by medical professionals. These numbers do not reflect treatments or surgeries in which no mistake was made but regardless, the patient did not recover from their condition. A wrongful death lawyer from Okun, Oddo & Babat, P.C. can tell you from experience that far too many people pass away in avoidable accidents caused by negligent or careless medical providers. If you lost someone in this way, call our office immediately to arrange a meeting with our wrongful death lawyer in New York, NY
at no charge.
How Does a Wrongful Death Happen?
As a New York, NY wrongful death lawyer can tell you, a wrongful death can happen in many different ways. The basic premise is that a wrongful death occurs when someone dies due to the negligent, careless, or intentional harmful actions of someone else. In the context of a hospital accident, here are several common scenarios that could be eligible for a wrongful death suit:
- The surgeon slipped with their scalpel and severed or damaged a critical part of the body. For example, they severed the main artery and the patient bled to death.
- The member of the medical team who was responsible for preparing the surgical instruments did not properly sterilize the implements which led to internal infection.
- The anesthesiologist administered too much or too little anesthesia which caused the patient to go into shock or not recover from the anesthesia.
- The physician prescribed the wrong medication, the wrong dosage, or a type of medication that the patient had informed them they were allergic to. Any one of these medical mistakes can cause a patient’s condition to worsen or to send them into anaphylactic shock.
- The pharmacist filled a prescription by mixing it incorrectly or using the wrong ingredients. Either of these medical mistakes can cause a patient’s condition to worsen or to send them into anaphylactic shock.
- The doctor did not pay close enough attention to diagnostic tests to notice a major condition that required time-sensitive treatment in order to for that treatment to be successful. For example, they did not see the tumor on the x-ray and so did not test it to determine if it was benign. As a result, the tumor was not detected as cancerous.
- The obstetrician did not take proper measures to ensure the safety of an unborn baby who they knew was at risk because it had a life-threatening condition. For example, the baby was in the breech position but the doctor did not periodically check if it had repositioned itself or did not perform a C-section when it was necessary.
A New York, NY Wrongful Death Lawyer Who Cares
If you lost a loved one due to the negligence of a medical professional, you are probably experiencing tremendous grief. In addition, you may be suffering financially as a result of your loss. We may be able to help you get a substantial settlement from the medical professional who caused the wrongful death of your loved one. Call us today to schedule a free consult with a wrongful death lawyer New York, NY clients recommend from Okun, Oddo & Babat, P.C. who is compassionate and skilled at getting justice for grieving families.