Defining Wrongful Death in New York

What does the term “wrongful death” mean under New York state law, and who is eligible to file this kind of lawsuit? The answers to these questions are relatively straightforward, but as with most legal issues, there are details to be aware of that can complicate matters. If a claimant doesn’t pay attention to these details, even the strongest wrongful death claim can be scuttled before it has a chance.

 

“Wrongful Act, Neglect, or Default”

Those three terms are the actual wording in the statute, and they mean that there are three basic circumstances which allow for a wrongful death lawsuit. A wrongful act is possibly the most obvious: Someone takes an action that is intended to cause harm. This covers violent crimes against a victim which lead to death, such as robbery or assault, as well as murder or manslaughter. In addition to any criminal charges (and penalties, such as prison time) that the law might impose, the survivors of the victim can file a wrongful death suit.

Neglect and default cover a range of actions (or inaction) that led to harm the victim. These cover situations in which a person allowed a dangerous condition to continue to exist, such as, in an extreme hypothetical situation, a property owner knowing that a stairway was about to collapse but not fixing it and not warning users.

Default might include a person watching another walk onto that stairway and not telling him about the risk. Negligence is frequently a factor in wrongful death suits, but default is less common since it’s often difficult to prove.

 

Limitations on New York Wrongful Death Suits

Civil actions for wrongful death have restrictions. The most important might be that the victim must be survived by a family member or legal representative who can prove standing to recover for the wrong done. Distant relations might not be eligible. There’s also a two-year time limit to make a claim, with very few exceptions (one being that if there is also a criminal case, an extension might be allowed).

The damages that a victim’s survivors can collect are limited to purely economic losses. They can seek recovery of costs that can be calculated: funeral expenses, medical costs related to the death, lost wages and income, a value for services to the family by the deceased, and some other measurable amounts. But the survivors can’t claim damages for their pain and suffering from the loss of the victim, as they can in some other states.

However, New York law does allow recovery of damages for the pain and suffering of victims themselves, if that can be proven. One case last year awarded significant damages for exactly that reason.

 

New York Wrongful Death Lawyer

If you believe that the loss of a close family member was due to the wrongful act or negligence of another, a wrongful death claim may be in order. At Greenstein & Milbauer, LLP, our team of attorneys has extensive experience helping clients navigate the often complicated issues involved in their wrongful death cases. We offer every client a free, no-obligation consultation to discuss their case and help them understand the options available, so give us a call at 1-800-VICTIM2 (842-8462) or contact us online through the form below to schedule yours.

 

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What to Do About a Broken Bone

Literally millions of Americans seek medical treatment every year for a broken bone (or fracture). This kind of injury is so common and covers so many causes and results that it’s difficult to say how many people are even affected: Estimates range from at least 6 million to well over 12 million in the United States.

There are also many possible causes of broken bones, including falls, sports injuries, car accidents, assault or abuse, and work-related injuries. Any person who experiences a fracture should receive medical treatment, but when the injury has been caused by the recklessness or negligence of another, it’s important that the victim also be able to recover damages for his or her injuries from whoever caused them.

Trivial to Life-Threatening

Just as broken bones can be caused by many different events, the type and severity of a fracture can vary tremendously. The human body has more than 200 bones, each of which can break in multiple ways. Different kinds of fractures need to be treated differently, and different fractures will heal in different ways and at different speeds. A minor fracture to a finger might require minimal treatment and not even slow a person down; on the other hand, a broken leg could put someone out of action for months, while a skull fracture could have potentially fatal consequences if not treated immediately.

Open fractures (in which there is an external wound and the bone is exposed) need special attention because they can become infected, but even closed fractures occasionally become infected and lead to additional complications. In some people, especially the elderly, having some types of fractures can even lead to increased mortality.

Hold Them Accountable

There’s no doubt that many injuries, including broken bones, are caused in whole or in part by the person who experiences them. But many other injuries are caused either by the negligence or the outright recklessness of others: Landlords leave unsafe conditions on their property, unmopped spills and uncleared snow lead to customers slipping and falling, drivers and passengers in cars are hurt when someone crashes into them. The examples are endless (including the recent case of a Brooklyn child who suffered two broken arms at school).

Whatever the specific cause, fractures can come with a high cost. Victims face medical treatment and rehabilitation costs and also lose mobility, which can mean lost wages and income. It’s important to hold accountable the individual or organization that caused the injury and have them reimburse the victim for all expenses.

New York Broken Bone Lawyer

When you or someone close to you has suffered a broken bone and needs to recover, contact the team at Greenstein & Milbauer, LLP. Whether the injury happened in car crash, a preventable fall at work, or was the result of abuse or neglect in a nursing home, our attorneys have experience with broken bone cases and can help. Give us a call at 1-800-VICTIM2 (842-8462) or contact us online through the form below to learn more or to schedule a free consultation to discuss your specific claim.

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