Slumped over in a hospital waiting room chair, Yosef’s ears ring
with the repetition of the same phrase, “I am sorry, but there was
nothing we could do.” This was the last sentence the surgeon who
operated on Yosef’s wife said before disappearing away down a dark corridor.
It was only a few hours ago that Yosef left the side of his wife in the
pre-operating room area. She was only at the hospital for what the doctors
continually called, “routine and standard surgery.” As he
sits in the chair, his vision blurs, his legs tremble, and he somehow
has to muster the strength and courage to tell his children that mommy
is never coming home.
The sad and tragic truth is that many husbands, wives, parents, siblings
and children walk away from hospitals every day, leaving a deceased loved
one behind. Many thoughts and emotions overwhelm these survivors, including
the inkling that surgeons and other medical professionals did something
wrong; something that actually caused their loved one’s death.
Experienced Newburgh wrongful death attorneys know that the great Empire State, pursuant to the Estates, Powers, and
Trusts laws, allows the survivors of wrongfully killed relatives to sue
the persons responsible for causing the death.
The personal representative of the decedent’s estate and the survivors
will have to prove several crucial factors in order to hold the wrongdoer
First and foremost, there must be proof of the death. This seems elementary,
but nonetheless, it must be included in the court pleadings. Second, there
must be a showing that the death was actually caused by what the wrongdoer
did wrong. Next, it must be shown that the decedent himself would have
been able to sue the wrongdoer if the decedent survived the incident.
The family members who survive must have suffered some sort of loss due
to the decedent’s untimely death. Lastly, the loss must amount to
recoverable damages for the decedent’s estate.
If this sounds difficult, it is because wrongful death claims are complex
matters. Only experienced wrongful death attorneys should handle such
for mourning family members.
So long as the
wrongful death suit is commenced within two years from the decedent’s death, the victim’s
family should expect to be compensated for medical bills, the decedent’s
lost wages, lost inheritance, the decedent’s support and companionship,
among other things.
Procedurally, the case is allowed to begin once a personal representative
is formally appointed to handle the decedent’s estate. Spouses,
children, parents and siblings are examples of family members that can
be appointed as a personal representative. But the personal representative
does not have to be family.
Once the court grants compensation to the victim, the proceeds are placed
into the decedent’s estate to be distributed to heirs and beneficiaries.
Learn more about wrongful death cases in New York in
our latest article posted here. Read more about wrongful death cases and who can file a claim in New York in
our recent blog posted here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.