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Can You Sue a New York Nursing Home for Wrongful Death?

Unexpectedly losing a loved one is a devastating experience, especially if it results from a nursing home’s negligence. In this situation, you can pursue a wrongful death claim and hold the nursing home accountable. In doing so, it’s important to understand what New York considers wrongful death, who can file the claim, the statute of limitations, and what damages you can recover.

We understand that sorting through all the information surrounding a wrongful death claim can be overwhelming, but you do not have to do it alone. Our legal team at Dalli & Marino, LLP, is here to listen to your story and help you throughout the wrongful death claim process.

What Constitutes Wrongful Death in New York?

N.Y. Est. Powers & Trusts Law § 5-4.1 defines wrongful death as a death caused by “a wrongful act, neglect, or default.” Therefore, if your loved one passed due to the negligence of an employee or group of employees at their nursing home facility, you have the right to file a lawsuit and pursue compensation for your losses. Wrongful death in nursing homes may be a consequence of the following:

  • Medication error
  • Malnutrition
  • Dehydration
  • Bedsores
  • Nursing negligence
  • Falling
  • Failure to follow doctor’s orders

Please keep in mind that most wrongful death claims occur in civil court, meaning cases only involve the defendant paying the plaintiff for the damages their negligence caused. These cases do not involve jail or prison time unless the defendant breaks criminal law in addition to civil law. If the defendant has criminal charges against them, they will be handled separately.

Who Can File a Wrongful Death Claim in New York?

In New York, a select group of people can file a wrongful death claim for a loved one who has passed due to nursing home negligence. This parties includes the following:

  • Immediate family: Spouses, parents, and children of the deceased can file a wrongful death claim.
  • Extended family: If the deceased has no immediate surviving family, an extended family member such as a sibling or cousin may file if they have been named the deceased’s personal representative.
  • Other parties: The decedent’s estate’s court-appointed or personal representative can also file a claim.

When filing a wrongful death claim, it’s also important to note that New York law states you have a two-year statute of limitations for most cases. This means you have two years from the date of death to file a lawsuit against the liable party. Some exceptions to this law include medical malpractice wrongful death cases, which have a two-and-a-half-year statute of limitations, and cases involving criminal charges. In these cases, you have one year after the criminal case ends to file a wrongful death lawsuit.

Understanding Who Is at Fault in New York Wrongful Death Cases

Determining fault in a wrongful death claim can be difficult, especially when so many people were involved in caring for your loved one. With the help of our wrongful death lawyers, we may listen to your story and identify an at-fault party in your case. Potentially responsible parties for wrongful death at a nursing home include the following:

  • Staff members
  • Nursing home administrators
  • Third-party caregivers
  • Other residents
  • The nursing home owners

Essentially, the party whose negligence caused your loved one’s death can be held responsible for paying damages. In your case, you will have to present evidence of the party’s negligent behavior resulting in the decedent’s passing. Our knowledgeable and skilled attorneys may be able to assist you in gathering proof for your case so you get the compensation you and your family deserve.

What Potential Damages Can You Recover in a Wrongful Death Case?

After suffering the wrongful death of a loved one, you have the right to pursue financial compensation for your losses. Depending on your circumstances, you may be able to recover the following damages:

  • Funeral and burial costs
  • Healthcare expenses related to the deceased’s injuries or illness
  • Financial support the decedent would have contributed to your family
  • Value of support and service the deceased would have provided
  • Value of care and guidance to surviving children
  • Lost inheritance of survivors
  • Interest on the damages award

Please note that, unfortunately, New York does not permit you to recover any pain and suffering, emotional distress, or loss of companionship damages. That said, the state does not have a cap for the damages you can recover. Our lawyers understand these laws and dedicate themselves to fighting for you and a fair settlement.

Contact a Professional Wrongful Death Lawyer at Dalli & Marino, LLP

Dealing with the legal processes that follow a loved one’s wrongful death takes a lot of courage, and you do not have to go through it on your own. Our attorneys may be able to support you throughout every step of the claims process, from gathering evidence and filing your claim to negotiating your settlement and taking your case to court.

The Dalli & Marino, LLP, team has over 25 years of experience serving New York state. We dedicate ourselves to fighting for families who have lost a loved one due to another party’s negligence. Our attorneys speak Spanish and English, so we can serve more families in need. For a free case evaluation, please fill out our contact form or call us at (888) 465-8790.

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