At TonaLaw, our New York wrongful death attorneys have a combined 30+ years of litigation experience. We use every resource at our disposal to effectively and efficiently resolve your wrongful death case. To speak with a New York wrongful death lawyer, call us at 1-844-TONALAW or contact us online for a free, no-obligation consultation.
Wrongful death is the death of a person caused by the negligence of another person or entity. According to the Centers for Disease Control and Prevention (CDC), over 39 wrongful deaths occur each year per 100,000 people in the United States. Among the nearly 121,000 annual deaths in America resulting from unintentional injury accidents, roughly 33,700 deaths are caused by motor vehicle collisions, 33,040 deaths from poisoning, and 26,000 deaths from slip and fall/trip and fall accidents.
Unfortunately, wrongful death is more common than we wish to believe.
We Know Your Rights, and You Should Too!
New York State’s wrongful death statutes allow dependents and beneficiaries (i.e. close relatives) to sue negligent parties responsible for the death of a family member. A wrongful death lawsuit may seek economic damages, such as compensation for medical, nursing, funeral expenses, and loss of future income or support. They may also pursue non-economic damages, such as personal conscious pain and suffering.
There are important procedural steps that must be taken in order to receive full and fair compensation for these claims and cases. That’s why it’s so important to speak with a New York wrongful death attorney about your claim. TonaLaw offers free case evaluations to review your rights and determine your grounds for a lawsuit.
In the unfortunate event of wrongful death, it is critical to immediately document and preserve evidence, obtain witness statements, and consult a lawyer in order to hold liable parties accountable and protect the rights of the surviving loved ones. TonaLaw is well versed in the specialized area of wrongful death. We understand your needs and will represent you with integrity and compassion.
Proving Negligence in a Wrongful Death Case
In order to have a successful wrongful death claim, you must be able to prove another party either caused the death intentionally or that they acted negligently. In legal terms, a person or party acts negligently when they behave in a way that a reasonable person would not. Generally, there are four elements that must be met to prove negligence.
1. Duty of Care
People have a general duty of care to avoid harming other people. However, certain relationships do exist that create a legal duty of care. For instance, drivers have a legal obligation to drive safely and avoid causing accidents at all costs. Medical professionals, on the other hand, have a duty to provide care in the same way another reasonable medical professional would.
2. Breach of Duty of Care
If a person fails to uphold their duty of care, they are said to have breached it. Specifically, they must have acted in a way that a “reasonably prudent person” would not have. For drivers, they may have breached their duty of care if they ran a stop sign, but not if they had to suddenly swerve to avoid a bicyclist. To prove a medical professional breached their duty of care, you must show that a reasonably prudent medical professional would not have acted in the same way.
3. The Breach of Duty Caused Injury
It’s not enough for a person to have breached their duty of care. That breach must have directly caused the fatal injury. For example, if a doctor prescribes the wrong medicine to your loved one, but your loved one was killed in a car wreck caused by a drunk driver, that doctor likely wouldn’t be held liable. However, if that wrong medication caused a reaction such as a seizure, and that caused your loved one to die in a car wreck, that doctor could be held liable.
4. There Are Real Damages to Be Compensated
Essentially, you must prove that you suffered financial harm in order to satisfy this requirement. This is usually the easiest element to prove. End-of-life medical costs, funeral costs, loss of income and other expenses can prove there are real damages that can be monetarily compensated.
You may also seek compensation for conscious pain and suffering of the deceased family member if it can be proven that the person did not die instantaneously. This is usually accomplished through a pathologist or other forensics expert.
Who We Serve
TonaLaw serves our clients in a global fashion, looking at all facets of the client’s personal circumstances and the case. Our track record of uncompromising ethics and demonstrable personal injury litigation experience instills confidence and trust with all of our clients.
Our Suffolk County-based firm provides superior legal services to clients throughout New York, New York City, and New York State. No matter where you are within the Empire State, our experienced New York wrongful death lawyers can help you find justice for your loss.
The TonaLaw Advantage
At TonaLaw, we are a client-first practice. Our attorneys and support staff utilize our extensive legal experience and litigation acumen to represent personal injury clients aggressively, always seeking all remedies available to our clients under the law.
TonaLaw is a no-fee law firm – We get paid when we win your case!
We know that no amount of money can heal the pain you feel after you lose a loved one. But a wrongful death claim can help you begin to financially heal and rebuild your life.
If your loved one was killed due to the negligence or actions of another person or party, contact a New York wrongful death attorney at TonaLaw by calling (631) 780-5355 or toll-free at 1-844-TONALAW, or you may full out the form below. We always offer free, no-obligation consultations, and we will fight for your right to compensation with every resource available to us.