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When Should Surviving Family Members File a Wrongful Death Claim? December 21, 2017

Garden City, Nassau County
When Should Surviving Family Members File a Wrongful Death Claim?, Garden City, New York

Losing a loved one is always difficult, especially when the death was preventable. In such scenarios, surviving family members may be able to achieve some closure by filing a wrongful death claim against the party liable for the incident. Although financial compensation will not bring the deceased back, it will give the family one less thing to worry about while they are grieving. On what grounds can you file this type of lawsuit?

What Constitutes a Wrongful Death Claim?

Cause of the Death

To file a successful claim, surviving family members must prove the cause of death was the direct result of someone else’s negligence, recklessness, or deliberately malicious behavior. For example, if the family wants to sue on the grounds of medical malpractice, they must demonstrate the health care provider breached their duty of care and this was ultimately responsible for the cause of death. If the patient died as the result of unanticipated surgical complications despite receiving care that was both widely accepted and reasonable, it would not constitute a wrongful death claim.

Effects of the Death

wrongful deathThe settlements awarded in wrongful death claims aim to compensate surviving family members for the damages they incurred as a direct result of the loss. Thus, to file a successful lawsuit, you must prove you experienced actual damages. For example, if the deceased was the main financial source in your family, you can recover compensation for lost income and benefits in addition to funeral expenses, loss of consortium, and medical bills.


If you lost a loved one as the result of a preventable accident, and you want to hold the liable party financially accountable by filing a wrongful death claim, turn to Sackstein, Sackstein & Lee, LLP, in New York. In addition to operating locations in Flushing, Brooklyn, the Bronx, and Garden City, they make home and hospital visits for their clients’ convenience. Visit the firm online to learn more about their track record of success helping accident victims achieve sizable settlements. Schedule an initial consultation with a personal injury attorney by calling (888) 519-6400.