Wrongful Death2019-05-19T16:03:27+00:00

Wrongful Death

Losing a loved one is a traumatizing event. When someone dies as a result of medical negligence, the pain can be even harder for a family to bare. On top of emotional hardships, families of patients who pass away because of medical malpractice face the stress of paying for the medical treatment that ultimately caused the death of their loved one and can force some families into needless debt and suffering.

Everyone, no matter what precautions are taken on a daily basis, is at risk for falling victim to medical negligence that can result in fatal consequences. Our team at the law firm of Salenger, Sack, Kimmel, and Bavaro, has been handling sensitive and traumatic wrongful death cases by medical malpractice for over four decades. We help to provide the type of healing families need after the death of a loved one by advocating for their legal rights after preventable media errors.

What Is Wrongful Death

Families and beneficiaries of patients who die during or after a medical procedure because of an error made during care might be eligible for compensation from a wrongful death claim. Whether the death was the fault of one doctor or an entire institution, our job is to identify any party who had a hand in the wrongful death of your loved one so they can be held accountable for their actions.

Some of the most common instances for why someone may file a wrongful death claim for their loved one include:

  • Misdiagnosis
  • Medication errors
  • Surgical errors
  • Anesthesia errors
  • Failure to diagnose life-life-threatening diseases
  • Failure to monitor a patient during care
  • Failure to keep proper records of patients
  • Failure to treat signs of symptoms of infection

The death of your loved one does not have to be willful or intentional to be classified as a wrongful death. Most of the time, wrongful death claims deal with complete accidents, where the death was a byproduct of someone’s unintentional actions and not a means for criminal investigation.

We Understand Wrongful Death Claims

Unlike other liability claims, wrongful death claims are not found under common law. These types of applications are governed by the New York wrongful death statute and must be appropriately filed and represented for someone to be eligible to recover damages.

Compensation that is recovered from wrongful death claims can provide families financial support with expenses such as:

  • funeral and burial expenses
  • medical bills
  • loss of deceased’s wages
  • loss of inheritance
  • costs for deceased’s support services
  • acquired debt

As attorneys experienced in wrongful death cases caused by medical malpractice, we understand the complex state laws and requirements needed to represent your family successfully. We are determined to work with you in securing the financial support needed to get you back on your feet and allow you the necessary time to grieve for your loss without stressing about your case.

Who Can Make A Wrongful Death Claim

After the sudden death of a loved one, there can be a plethora of questions surrounding the idea of filing a wrongful death claim, the most common being ‘who can file.’ Any surviving spouse, children, beneficiaries or dependents can make a claim to seek compensation for the wrongful death of their loved ones. If a person is unsure if they are a survivor or beneficiary entitled to compensation, they still have the right to start the investigation to find out.

When To File A Claim

Proving liability in wrongful death cases become more difficult as times goes on. Many wrongful death cases will proceed toward trial, and your attorney will need to be efficient in collecting evidence promptly for a successful resolution. To prove liability in a wrongful death case, these elements must be established:

  • Duty of Care– a duty of care by the defendant was owed to the deceased.
  • Breach of Duty of Care– there was a failure on the defendant’s part to uphold the duty of care.
  • Causation– the failure to provide duty of care led to the death of the deceased.

Once your family decides who will be filing the wrongful death claim, it is imperative to file the lawsuit as soon as possible. Calling an attorney with experience in wrongful death claims immediately can help you learn more about your rights in time to seek fair compensation for your unspeakable loss.

Let Us Help You

Money can never replace the loss of a loved one, nor will it relieve the pain and suffering from their quick departure, but it can help ease the financial stress and allow you to focus your energy on healing yourself and your family. Contact the law firm of Salenger, Sack, Kimmel, & Bavaro today for a free consultation to review your case and explore your options in seeking deserved compensation for your loss.


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