If your loved one was under the care of a physician, psychiatrist, or therapist who violated their duty of care, you might be able to recover damages by filing a wrongful death lawsuit.
It’s devastating to lose someone you love under any circumstances. However, it can be particularly painful to learn that your loved one ended their own life. A wrongful death lawyer from our firm will determine whether your loved one’s suicide qualifies as a wrongful death and fight for your right to seek compensation from the negligent party.
- What is Wrongful Death?
- Does Suicide Count as Wrongful Death?
- What Damages Are Recoverable in a Wrongful Death Case?
- How Will a Wrongful Death Lawyer Benefit Your Case?
- Is There a Deadline to File a Wrongful Death Lawsuit?
- Learn More About Wrongful Death and Suicide Today
What is Wrongful Death?
When someone you love dies because of the negligence or recklessness of an individual or entity, you could file a wrongful death lawsuit to recover compensation for damages.
In this case, the negligence or recklessness of a professional such as a doctor, therapist, or psychiatrist is the basis for establishing fault for the death of your loved one by suicide.
For a free legal consultation, call 516-932-0400
Does Suicide Count as Wrongful Death?
Suicide isn’t typically considered a wrongful death. However, if the decedent was under the care of a doctor, psychiatrist, or therapist at the time of their suicide, it could be considered a wrongful death or a medical malpractice case depending upon what the professional did that was improper or failed to do that ought to have been done, that led to the suicide.
Mental health awareness is on the rise, making the need for mental health professionals all the more important. Healthcare professionals have a duty of care to their patients. Failing to diagnose, improperly diagnosing a patient, or ignoring warning signs that a patient may take their own life could make the professional liable.
To prove the decedent’s suicide is a wrongful death, you and your wrongful death lawyer must demonstrate that:
- The defendant had a duty of care to the decedent
- The defendant violated their duty of care
- The violation of that duty is to blame for the death of the decedent
- The death of the decedent results in you and your family suffering damages
It will be challenging to prove that the decedent’s suicide is wrongful death, but there are ways mental health professionals can negligently violate their duty of care, including:
- Providing access to a means to commit suicide
- Releasing a patient with suicidal impulses too early
- Failing to take steps to prevent suicide despite knowing the patient’s suicidal impulses
- Turning away a patient knowing they have suicidal impulses
- Prescribing medication that makes suicidal impulses worse
- Not learning about or documenting the patient’s suicidal impulses
If you lost someone you love to suicide, we offer you and your family our sincerest condolences and support during this painful time. A wrongful death lawyer from our firm will fight to recover the compensation and justice you deserve while you take the time to grieve.
If you or a family member is struggling with suicidal impulses, the National Suicide Prevention Hotline at 1-800-273-TALK (8255) is available 24 hours a day and all calls are confidential.
What Damages Are Recoverable in a Wrongful Death Case?
Similar to other types of wrongful death cases, the death of the decedent by suicide entitles you to recover damages to cover your losses and hold the negligent party accountable.
Damages you might recover include:
- Medical expenses
- Lost income, benefits, and earning capacity
- Pain and suffering of the decedent
Wrongful death benefits do not cover your own pain and suffering in New York, but your lawyer will determine an appropriate monetary amount for the pain and suffering of your loved one. Documentation such as medical bills will help them calculate the rest of your losses. The value of your wrongful death case will depend on several factors but could be worth hundreds of thousands up to millions of dollars.
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How Will a Wrongful Death Lawyer Benefit Your Case?
Fighting to recover wrongful death damages for suicide will be tough. We urge you to consult a lawyer with experience handling wrongful death cases, especially cases brought against mental health professionals after a suicide.
A wrongful death lawyer will do a lot for your case, including:
- Keeping you updated on any changes or developments
- Determining whether the mental health professional is liable
- Communicating with all involved parties on your behalf
- Gathering evidence to back up your claim
- Calculating the value of your case
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Is There a Deadline to File a Wrongful Death Lawsuit?
Like other cases in New York, there is a deadline to file a wrongful death lawsuit after a loved one’s suicide, according to Estates, Powers & Trusts § 5-4.1. You must file before the statute of limitations runs out or face losing your right to pursue damages through the legal process.
Family members who have the right to file a wrongful death lawsuit include spouses, children, and parents. We will work to meet all deadlines in your case, so you do not lose your chance to pursue justice.
Learn More About Wrongful Death and Suicide Today
Our law firm has over 30 years of experience fighting to recover wrongful death benefits for survivors like you. If you lost a loved one to suicide due to someone else’s negligence, you have the right to seek compensation for your losses. We would be honored to advocate for you and your family during this difficult time.
A wrongful death lawyer from Friedman & Simon, L.L.P. is ready to talk to you about your case. We are passionate about fighting for survivors and seeking the justice their loved one deserves. Our firm will be a powerful ally when you need one the most and is able to assist you in up to ten different languages. We will also travel to your location on Long Island or the New York metropolitan area if you can’t come to our office.
To learn whether your loved one’s suicide is wrongful death and inquire about your legal options, please do not hesitate to call for a free consultation today.
Call or text 516-932-0400 or complete a Free Case Evaluation form
