To sue a hospital for wrongful death, you’ll need to gather evidence that proves the hospital caused your loved one’s death and submit your lawsuit on time. Suing a hospital for wrongful death allows you to hold the liable party accountable for their actions. In addition to obtaining justice for the fatal harm visited upon your departed loved one, your family could also recover compensation, perhaps greatly needed, with your loved one’s financial contributions becoming unavailable, through a wrongful death lawsuit.
If you suspect that a medical professional’s carelessness or recklessness caused your loved one’s death, a wrongful death lawyer will assess your case for free. They will guide you through the claims process or sue the hospital and any other liable parties on your behalf. This is typically not a process you will want to manage on your own.
- You Must Prove the Hospital Caused Your Loved One’s Death to Sue
- Types of Recoverable Damages When You Sue for Wrongful Death
- Who Represents a Family in a New York Wrongful Death Case?
- How a Wrongful Death Lawyer Will Go to Work for Your Family
- Discuss Your Case With Our Team for Free Today
You Must Prove the Hospital Caused Your Loved One’s Death to Sue
To hold a hospital responsible for your loved one’s death, you must have strong evidence to show medical malpractice occurred. All medical procedures have risks, and a bad outcome does not necessarily support a case. However, medical professionals have an obligation to follow the protocols of accepted medical practice. When they deviate from this and, in so doing, cause injury to or even the death of a patient, a case can be made that medical malpractice has occurred.
Most cases require medical experts to confirm the accepted medical practice and whether the doctors and others involved in the victim’s care followed it. Other evidence that supports these cases includes:
- Eyewitness testimony
- Relevant medical records
- Documentation of damages
If you retain the services of a wrongful death attorney, they will handle all aspects of investigating and building a compelling case against the hospital. They will also know the ins and outs of notifying the institution of the case, the deadline for suing, and when they must have confirmation from a medical expert that malpractice occurred.
For a free legal consultation, call 516-932-0400
Types of Recoverable Damages When You Sue for Wrongful Death
While a monetary recovery does not ease the pain of losing your loved one, it does reduce the frustration and stress you could face because of your related expenses and financial instability. The goal of a wrongful death lawsuit is to recover compensation and to hold the liable parties accountable. To this end, your attorney will seek several types of damages for your family. These include:
- Your loved one’s medical bills related to their death
- Your family’s funeral and burial or cremation costs
- Loss of your loved one’s financial support
- The loss of inheritance and other benefits
- Loss of parental guidance and care
- Their conscious pain and suffering before death
Your legal team will identify the recoverable damages in your case, document them, and assign them a value. This allows your attorney to understand the potential settlement value of the case and know when an appropriate offer is on the table. It also gives them evidence to present to the judge or jury at trial.
Who Represents a Family in a New York Wrongful Death Case?
Unlike many states, New York does not allow immediate family members to file a wrongful death action. A spouse, adult child, or parent cannot file suit unless they are first named the personal representative of the deceased per Estates, Powers & Trusts § 5-4.1.
The personal representative is the executor of the victim’s will. If they did not have a will, the appropriate Surrogate’s Court will name a personal representative, known as an administrator, and they will distribute any proceeds from the wrongful death suit according to laws of intestacy. (i.e., the laws that govern inheritance when there is no will.)
A wrongful death attorney will identify the personal representative and determine who should act on behalf of your family if you are unsure.
How a Wrongful Death Lawyer Will Go to Work for Your Family
When you work with a wrongful death lawyer, you do not have to learn how to sue a hospital and go toe-to-toe with its lawyers. You have someone on your side who already understands how to navigate these cases and knows how to win.
With a lawyer handling your wrongful death action for your family, count on them to:
- Keep you updated on the case and answer questions as needed
- Identify the liable parties
- Communicate with the hospital and insurance companies for you
- Gather evidence, including enlisting the help of medical experts
- Determine an appropriate value for your case
- Fight relentlessly to win the best possible case outcome for you
Your lawyer will determine if you need to sue a hospital for your loved one’s wrongful death and manage the process to do so.
An Attorney Will Review Your Wrongful Death Case for Free
If you believe you need to sue a New York hospital for wrongful death, you should consider meeting with a wrongful death lawyer as soon as possible. Most personal injury law firms provide free initial consultations for families whose loved ones suffered fatal injuries.
The legal team will assess your options and explain the services they offer to get justice for your family. This could include filing a claim, negotiating a settlement with the hospital or their insurance company, or suing the hospital.
With an attorney on your side, you do not have to worry about the many laws that regulate the process of suing for medical malpractice or other carelessness at a hospital. The law firm will have the experience, knowledge, and resources necessary to manage all aspects of your case for you while you focus on grieving.
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Discuss Your Case With Our Team for Free Today
We at Friedman & Simon, L.L.P. offer you and your family our deepest condolences for your loss. We consider it an honor to represent surviving families of wrongful death victims. We are determined to win the justice your departed love one deserves and compensation you need. Let’s meet today to talk about how our attorney will handle your case and fight for the outcome your family deserves.
Call us today for your free initial consultation with our team. We meet people on Long Island or elsewhere in the New York metropolitan area to learn more about their loved ones and discuss their next steps.