(845) 802-0047When a loved one passes away unexpectedly while receiving medical care or treatment, the idea of filing a civil lawsuit is understandably the last thought on your mind. As time passes, however, you may want to seek justice for the death of your loved one by holding any negligent parties accountable for their role in causing the death. As a result, you may want to look to a Troy wrongful death lawyer for advice about your situation.
Bringing a wrongful death claim is never easy. All too often, insurance companies seek to exploit your vulnerability during this challenging time by pressuring you to accept an immediate settlement offer that is far too short of what you deserve. Under these circumstances, an experienced medical malpractice lawyer may be able to help.
Wrongful Death Claims in Troy
All doctors and other medical providers must provide medical treatment to their patients using a reasonable standard of care based on their specific profession. When healthcare professionals provide care that is below this standard and cause injury to a patient, they are inherently liable for the losses the transpire.
Generally, if the deceased patients would have had a valid claim for medical malpractice had they survived their injuries, a wrongful death claim could be filed should those injuries ultimately prove fatal. Under New York Estates, Powers & Trusts Law § 5-4.1, the personal representative of an estate is allowed to bring a wrongful death claim on behalf of the estate if the decedent has surviving distributes, which are typically immediate family members. As a wrongful death lawyer in Troy may advise, these family members may include surviving spouses, children, and parents in some cases.
Recoverable Losses in Troy Wrongful Death Cases
When an incident of medical malpractice causes fatal injuries, two types of compensation may be available through a wrongful death claim. First, the estate of the decedent has the right to seek damages for the pain and suffering that the decedent suffered before death. Any of these types of damages belong to the estate.
Next, the immediate surviving family members of the decedent can seek damages for their monetary losses following a fatal incident of medical malpractice. Family members might be able to seek various types of damages for their losses, including final medical bills, funeral, burial, and cremation expenses, and lost wages. Minor children may be able to seek damages for loss of parental guidance, and surviving spouses may be able to seek damages for loss of consortium.
Although surviving family members can seek damages for pain and suffering in some states through wrongful death claims, they cannot seek these types of damages in the state of New York. Nonetheless, they still can request various kinds of damages that may assist their families through an exceedingly difficult time. A wrongful death attorney in Troy could be vital in computing damages and negotiating with the insurance company for the maximum settlement possible.
Consult a Troy Wrongful Death Attorney for Advice
During this extraordinarily challenging time in your life, you need the compassion, understanding, and tenacious representation that only a Troy wrongful death lawyer could offer you. While you focus on healing yourself and your family, legal counsel could concentrate efforts on settling your claim for the maximum amount of compensation to which you are entitled. Together, you could work toward rebuilding your life with a measure of financial stability to assist you.
Contact legal counsel today to explore your potential options for compensation concerning the death of your loved one. A wrongful death claim may allow you to get the compensation necessary to support your family while you navigate through this situation.