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SCHEDULE A FREE CONSULTATIONAt Winkler Kurtz, LLP, we strive for more than just winning a case. Our clients are considered part of the family, and we treat each one with the utmost level of respect and dedication they deserve. When our clients come to us for help, they are facing some of the most challenging times in their lives. We never underestimate the level of pain and suffering each situation can bring. Our exceptional team provides quality services that are unique to each individual’s needs to ensure you are educated and supported throughout the entirety of the legal process.
Our attorneys at Winkler Kurtz, LLP are experts in handling cases in the areas of personal injury, family law, elder law, wills and trusts, and real estate. These cases cover some of the most emotionally draining and sensitive topics for individuals and families. We know the consequences of an injury or traumatic loss can have global implications on your life, and we take extreme pride in taking on the responsibility of helping you achieve the most favorable outcome possible.
Whether you’ve suffered a work injury, are planning for the loss of a loved one, or looking to buy or sell your home, our team possesses the necessary resources and knowledge to secure a favorable outcome for your case and exceed your expectations around every turn.
Experienced Long Island Wrongful Death Attorney
It is every person’s worst nightmare. A loved one goes into the hospital or a surgical center, and they don’t come back. Medical malpractice happens all too often in New York State, and in the most severe cases, it can lead to death. If you’ve lost a loved one due to this negligence, please contact our wrongful death lawyer in Long Island. Our team will help you win your case.
According to patient safety experts and studies by Johns Hopkins Hospital and the John Hopkins University School of Medicine, 251,454 patients die yearly due to medical errors. This translates to 9.5% of the number of deaths in the United States. According to the research team responsible for the study, medical errors are the third leading cause of death in the United States when involving medical care.
For perspective on just how serious a problem medical errors truly are, in 2015, there were 36,252 people killed by guns in the United States. In the same year, 36,161 people were killed in car accidents. In other words, almost four times as medical errors in the United States kill more people than guns and car accidents combined.
File a Wrongful Death Claim with Winkler Kurtz, LLP
Of course, these statistics are irrelevant if your loved one has died due to medical malpractice. The Long Island wrongful death lawyers of Winkler Kurtz, LLP, understand how devastating such a loss is. Our practice is devoted to helping families like yours recover compensation when negligence has led to the death of a loved one due to medical mistakes.
For more than 30 years, Winkler Kurtz has helped victims in personal injury lawsuits, including medical malpractice cases. Call us today at 631-928-8000 or contact us online to schedule a consultation with a skilled Long Island wrongful death lawyer. Our team offers a free consultations for clients.
Holding Negligent Medical Professional Accountable for Pain and Suffering
Medical malpractice is far too common in the United States. While most doctors and other medical professionals maintain the highest standards of the case, the pressures of modern practice often mean that quality of care plummets which doesn’t help prevent medical errors. Our team wants to help you, if you have been injured due to someone else’s negligence, contact Winkler Kurtz, LLP.
Common mistakes that may lead to patient deaths include:
- Misdiagnoses;
- Equipment malfunction;
- Failure to communicate among treating medical professionals;
- Surgical errors;
- Failure to follow protocols;
- Administering the wrong medication;
- Neglecting to monitor the patient’s condition;
- Delayed treatment of life-threatening conditions; or
- Losing or mixing up patient files.
Surgical errors are an ever-increasing source of wrongful deaths. Even during relatively minor surgery, the patient might die due to:
- Failure to provide insulin to a diabetic;
- Anesthesia mistakes;
- Failure to monitor a patient’s condition while in recovery;
- Excess bleeding during surgery;
- Surgery performed on the wrong body part;
- Bad surgery performed on a patient; or
- Leaving surgical tools or instruments in the patient’s body.
While many families may be reluctant to file a lawsuit after the death of a loved one, one of the best ways to hold hospitals, doctors, and medical staff accountable for their negligence is through litigation. A lawsuit can give families answers about what went wrong and help prevent others from experiencing the same tragedy.
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What New York State Law Says
Wrongful death is defined as a death that is caused by the unlawful act, neglect, or default of another person or entity. The law allows surviving family members of the deceased person to file a wrongful death lawsuit against the person or entity responsible for their loved one’s death.
Under New York law, the following family members may be eligible to file a death lawsuit due caused by another party’s negligence:
- The deceased person’s spouse
- The deceased person’s children
- The deceased person’s parents, if the deceased person was unmarried and had no children
In a wrongful death lawsuit, the family members may be able to recover damages for their losses, including pecuniary losses such as lost financial support and funeral expenses, as well as non-economic losses such as loss of companionship and guidance.
It is important to note that there is a two-year statute of limitations for filing a wrongful death lawsuit in New York. This means that the case must be filed within two years of the person’s death, or it may be barred by law. An experienced attorney can provide guidance on the specific requirements and deadlines for filing a wrongful death claim in New York.
Proving a Wrongful Death Claim in New York
Malpractice cases, including wrongful death claims, may involve negligence. In order to recover damages for your case, your attorney must prove four facts were present:
- That the hospital or doctor owed a duty of care to the patient;
- That the hospital or doctor breached that duty;
- That the breach caused your loved one’s death;
- That you suffered damages or a loss as a result.
Under New York law, doctors owe patients a duty to use reasonable care and or their best judgment during medical treatment. In addition, doctors and hospitals must provide the accepted level of care that a reasonable doctor or hospital would give under similar circumstances. To prove that the doctor or hospital breached its duty, our state of New York’s wrongful death attorney will request medical records and other evidence. This is especially the case when it involves hospital deaths.
In a wrongful death lawsuit, family members may be entitled to a range of damages, including medical bills, funeral costs, pain and suffering, loss of companionship, and the future income contribution to the family that the patient would have made. In cases where the doctor or hospital was grossly negligent, the family may be entitled to punitive damages, which are meant to both punish the wrongdoer and prevent further conduct of a similar kind.
There is no cap on damages in a wrongful death case in New York as a result of death occurring. However, New York does permit an award to be reduced based on comparative fault. If the patient were partially at fault for his death, then a judgment could be reduced by the percentage that he or she was at fault.
Proving a negligence case for medical malpractice in New York can be complicated, but our wrongful death lawyers can help. This is especially true when it comes to showing that a doctor or hospital breached its duty of care and proving damages. In these cases, working with an experienced Long Island wrongful death lawyer can help families as they seek justice.
How Our Knowledgeable Lawyers Can Help
While no amount of money will bring your loved one back, a legal claim against the parties responsible can bring financial security and give you peace of mind in knowing that you have held the wrongdoers accountable. Winkler Kurtz understands that filing a lawsuit is not an easy decision. We are here to help.
Since 1987, we have worked with families who have lost loved ones to medical malpractice. We will advocate for your best interests, and help you get the money — and answers — and you deserve. Call us today at 631-928-8000 or contact us online to schedule an appointment with our experienced Long Island wrongful death lawyers.
What Could Winkler Kurtz Do For Me?
Winkler Kurtz can provide invaluable assistance when filing for a wrongful death claim in the following ways:
- Gathering evidence: An experienced lawyer can help gather and preserve evidence related to the case, including medical records, witness statements, and police reports. This can help build a strong case and support the family’s claim for compensation.
- Assessing damages: A lawyer can help the family evaluate the extent of their damages, including economic and non-economic losses, and determine the appropriate amount of compensation to seek in the lawsuit.
- Filing paperwork: Filing a wrongful death claim involves a significant amount of paperwork and legal procedures. An attorney can ensure that all necessary documents are completed accurately and submitted in a timely manner.
- Negotiating with insurance companies: Insurance companies may try to offer a low settlement to avoid going to court. An attorney can negotiate with the insurance company on behalf of the family to ensure that they receive fair compensation.
- Representing the family in court: If the case goes to trial, an attorney can represent the family in court, present their case to a judge and jury, and argue for fair and just compensation for their losses.
Overall, a Long Island wrongful death attorney can provide essential guidance and support to families who are seeking justice and compensation for the wrongful death of a loved one. By working with an experienced legal professional, families can increase their chances of success in their wrongful death claim and receive the compensation they deserve.
Other Common Questions
How long do you have to file a wrongful death suit in New York State?
In New York, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the person’s death. This means that the lawsuit must be filed within two years of the death, or it may be barred by law. However, there are some exceptions to this rule depending on the circumstances of the case, such as if the defendant is a government entity or if the cause of death was not immediately known. It is essential to consult with an experienced attorney who can advise on the specific deadlines and requirements for filing a death lawsuit in New York.
What is a pecuniary loss in wrongful death in New York?
In a wrongful death case in New York, pecuniary loss refers to the financial losses suffered by the surviving family members as a result of the death of their loved one. This can include a wide range of economic damages, such as medical expenses, funeral, and burial costs, lost wages and benefits, and loss of inheritance. Pecuniary loss may also include non-economic damages, such as loss of guidance and support, loss of consortium, and loss of companionship.
The amount of pecuniary loss is typically calculated by assessing the financial contributions the deceased person would have made to their family if they had not died and the expenses incurred by the family as a result of the death. An experienced wrongful death attorney can help the family identify and calculate these losses and pursue fair and just compensation in court.
How Is Compensation Determined in a Wrongful Death Case?
Our top priority for these types of lawsuits is ensuring families and loved ones receive the compensation they deserve. While money cannot repair the damages you experienced, we understand the surmounting loss of losing a partner or a parent. Winkler Kurtz wants to ensure your family is cared for, and we will fight for your case. There are a variety of factors that contribute to how wrongful death compensation is calculated, including:
- The extent of the damages: This includes the financial losses suffered by the deceased person’s family, such as medical expenses, funeral costs, lost income, and loss of companionship.
- The liability of the defendant: The payout may be higher if the defendant was found to be more liable for the death of the victim.
- The strength of the evidence: The strength of the evidence presented in court can also affect the payout amount. A strong case with convincing evidence is likely to result in a higher payout.
- The experience and reputation of the attorney: Your legal team’s experience in handling the loss of loved ones and their reputation in the legal community can also affect the payout amount. Working with a well-known legal team like Winkler Kurtz can help you maximize your settlement.
- The judge and jury: The judge and jury presiding over the case can have an impact on the final payout amount, as their opinions and judgments can influence the outcome of the case.
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Overall, the payout for a Long Island wrongful death case lawsuit is determined by a variety of factors, and it is important to consult with an experienced attorney who can help assess your case and provide guidance on the potential payout amount. Contact Winkler Kurtz today for a free consultation. We will be your personal representative for your Suffolk county lawsuit.
