6 Common Causes of Wrongful Death in New York
Wrongful death occurs when someone dies due to someone else’s negligence or misconduct. There is no good way to lose a loved one, but knowing the death did not have to happen makes the loss even harder. If you lost a family member to such a tragedy, it is possible to file a wrongful death lawsuit to receive financial compensation for the loss you have endured.
Let an experienced New York wrongful death attorney at Douglas & London help you during this difficult time.
1. Motor Vehicle Accidents
New York City has some of the busiest traffic in the world, so it is no surprise that various types of motor vehicle accidents are among the most common causes of wrongful death in New York. Motor vehicle fatalities in New York State rose more than 25 percent from 2019 to 2022, according to the Office of the New York State Comptroller.
Car Accidents
Nothing brings your loved one back after a fatal car accident. What you can hope for is compensation to help you through the financial impact of losing your family member. The car accident lawyers in New York at Douglas & London negotiate with insurance companies so that you can receive the fairest possible settlement.
Truck Accidents
The sheer size of a truck compared to the average automobile means that many truck and car collisions prove fatal to the occupants of the smaller vehicle. Liability in truck accidents often goes beyond the truck driver or trucking company. The manufacturer or a repair facility may prove at fault if the vehicle was defective or not maintained properly. Other motorists may also be responsible for the crash.
Our truck accident lawyers in New York will investigate the case thoroughly and determine the parties that may be held accountable.
Motorcycle Accidents
Unlike those in automobiles, motorcyclists have no protective shell covering them if they are struck by another vehicle. That is a primary reason the fatality rate in motorcycle accidents is so high. Insurance companies are often biased against motorcyclists, but the motorcycle accident lawyers at Douglas & London fight so that the families of motorcycle accident victims can receive the compensation they deserve.
2. Pedestrian Accidents
Pedestrians and bicyclists are also vulnerable if hit by a motor vehicle, resulting in a high fatality rate. In 2023, a total of 101 pedestrians were killed in New York City. While the number of fatal pedestrian accidents has declined in recent years, that is little comfort to the families of victims. At Douglas & London, we work hard to hold the driver who killed your family member accountable.
3. Medical Malpractice
After heart disease and cancer, medical errors are the third-leading cause of death in the U.S. The number of annual medical malpractice deaths ranges from an estimated 250,000 to 440,000.
In many states, there are caps put on medical malpractice damages. That is not the case in New York. At Douglas & London, we have won numerous $1 million plus verdicts and settlements for the estates or families of those who lost loved ones due to medical malpractice. Here are some examples:
Surgical Errors
We settled a medical malpractice case for $1.85 million for the widow of a 57-year-old man who underwent umbilical hernia surgery, during which the anesthesiologist neglected to reverse the effects of a muscle relaxant administered during surgery. This resulted in pulmonary edema and respiratory distress culminating in brain damage and subsequent death.
Misdiagnosis
Our attorneys represented the family of a janitor who suffered a fatal heart attack after being released from a hospital emergency room complaining of chest pain. They received a $1.75 million verdict.
Medical malpractice can take many forms. We settled a medical malpractice case for $1.9 million on behalf of the estate of a patient who committed suicide due to the malpractice of their psychologist.
4. Workplace Accidents
If someone is killed while on the job, survivors can file a workers’ compensation claim to receive death benefits. However, there are situations in on-the-job fatal accidents in which a third party may also prove liable.
Construction Site Accidents
There are few more dangerous places to work than construction sites. The construction accident lawyers in New York at Douglas & London can identify third parties who contributed to your loved one’s fatality. This may include faulty equipment that caused the death or any sort of intentional act.
Exposure to Hazardous Materials
On construction sites and in other workplaces, employees may be subject to exposure to hazardous materials. In such circumstances, the manufacturer of the toxic substance responsible for the death may be liable, as when asbestos causes the fatal disease known as mesothelioma.
5. Premises Liability
Property owners are responsible for keeping their properties in a safe condition. If the owner knew about a hazardous condition and failed to fix it, cordon it off, or post warning signs, they may be held liable for a person’s injuries or a fatal accident.
Fatal situations such as drownings or dog attacks fall under the category of premises liability.
Slip and Fall Accidents
While slip and fall accidents often result in serious injuries, they rarely result in death unless the victim suffers a severe head injury. The slip and fall accident lawyers in New York will gather the evidence necessary to build a strong case and negotiate with insurance companies.
6. Product Liability
If someone dies because of a defective product, the manufacturer, wholesaler, distributor, or retailer may be held accountable.
Firm founders Gary J. Douglas and Michael A. London secured the first verdict in the history of the State of New York against the tobacco industry for the death of a 58-year-old former smoker of Lucky Strike cigarettes. The amount was $20.350 million.
Defective Products
Defective products run the gamut from poor design and manufacturing, insufficient pre-marketing testing, or outright fraud. No matter the nature of the product, the bottom line is that someone died when the product was used the way it was intended, or the defect was so severe it caused the fatality.
Firm partner Gary J. Douglas obtained an $8.5 million jury verdict against a Johnson & Johnson subsidiary, Ethicon Endosurgery, on behalf of the family of a 45-year-old man who died after a staple gun misfired during a weight-loss surgery.
To date, our defective devices lawyers in New York have secured more than $75 million for victims of medical device manufacturer negligence.
Dangerous Drugs
Although both prescription and over-the-counter medications are regulated by the FDA, they can cause death if they are contaminated or defective, if the patient is given too high a dose, or the drug is contraindicated for other conditions the patient has or medications they take.
Manufacturer negligence is nearly always the culprit in dangerous drug situations, with any adverse side effects downplayed. The dangerous or defective drugs lawyers in New York are well-versed in such litigation with an excellent track record.
Manslaughter
An assault that ends up killing the victim is also a wrongful death. For instance, if a victim is hit during an argument and dies from a head injury, the person who struck them may be charged criminally and held liable in a wrongful death lawsuit. You can file a civil wrongful death lawsuit even if the party responsible for your family member’s death is not charged with a crime.
Who Can File a Wrongful Death Lawsuit in New York?
In New York, only certain family members or the personal representative of the decedent’s estate may file a wrongful death lawsuit. The family members who may file such a lawsuit are the surviving spouse, a child, or a parent.
If the decedent did not have a spouse, child, or surviving parent, other relatives, such as a sibling, may file a wrongful death lawsuit. However, when the decedent does not have a surviving spouse, child, or parent, the personal representative of the estate will generally file a lawsuit on behalf of the decedent’s heirs.
Wrongful Death Statute of Limitations
In New York, the statute of limitations for filing a wrongful death lawsuit is generally two years from the death date. Failing to file a lawsuit by that deadline usually means the case cannot go forward.
Keep in mind that the three-year statute of limitations for filing a personal injury lawsuit in New York does not apply to fatalities.
Contact a New York Wrongful Death Lawyer at Douglas & London
If your family member died because of another party’s negligence, recklessness, or deliberate act, you need the services of a compassionate wrongful death lawyer in New York City at Douglas & London.
Schedule a free, no-obligation consultation today. We have recovered more than $18 billion on behalf of our clients in settlements and verdicts. While most cases are settled, we will bring your case to trial if necessary.
