Wrongful Death Cases

Wrongful death cases involve people who have died because of someone's carlessness. In each case, the death is an untimely one. Were it not for the carelessness of someone else, your loved one would still be alive and living the life they had.

Wrongful Death Attorney In a wrongful death case, the surviving family brings a lawsuit for two different claims. First claim: The first is a claim for the victim's loss of enjoyment of life and pain and suffering they experienced from the date of the accident or malpractice until their death.

Second claim:

For financial loss to the family. Included within this claim is the loss of guidance and support to the family. Unfortunately in New York, the law does not permit the surviving family to recover any compensation for the suffering the family has experienced. This is a draconian way of saying that the family that survives and witnesses their loved ones killed, maimed or injured because of someone else's carlessness, do not deserve any compensation for their grief. (There are limited instances where a close family member who actually witnessed the devastation and destruction of a loved one can bring a separate claim for emotional distress for being in the 'zone of danger' at the time of the incident.)

We regularly encourage our clients to lobby their local politicians to change the way the law looks at surviving families from tragedies where a death is involved. So far, most politicians don't have this issue on their radar screen. As a trial lawyer, it saddens me that the law is so callous toward the victim's families. It makes it even worse when I must explain this fact to the surviving family members that come to me for help. Even more insulting is a case involving an infant who has died. In those cases the law callously looks to see what type of financial loss the family has suffered. Ironically, there is no actual financial loss yet incurred, since the baby or child was not yet earning a living. The only alternative method available is to project out what we believe the child would have earned had he had a normal healthy life. We look at the parents and whether they are educated, what types of jobs they have; whether other children in the family have gone to college, whether it is likely they would have gone on to higher education, as well as their living environment. While this is harldly an exact method of calculating potential future earnings, it is the only thing we have to work with to evaluate the child's financial loss to the family.

(See our FAQ section, for more information about what you need to bring with you when you come to our office to discuss your loved one's recent death.)

A death claim is never easy to deal with because the memories of the days leading up to the death is relived many times. Can you walk away from your loved one's memory without investigating and pursuing a just and proper compensation claim? The answer to that question, in almost every case is no. Justice must be had. A wrong must be corrected. Don't let this happen to someone else. While we recognize that bringing a lawsuit for your loved one's death will not bring them back, you will have the satisfaction of knowing that you are doing the right thing- seeking justice and trying to prevent these events from happening ever again.

Library for Wrongful Death Cases:

In Case of Death learn what steps to take to see if you have a case [PDF]
Description: When death strikes where do you go? How do you choose a lawyer? Where do you turn? Learn what to do if death strikes. Learn how to choose a lawyer. Become informed.
Autopsies- What are they & why do we need them?
Description: In a death case, having an autopsy is crucial to determining the cause of death. Gerry Oginski, a New York Medical Malpractice & Personal Injury Trial Lawyer explains.
In Case of Death...Part 1
Description: Learn what to do in case of death. Gerry Oginski, an experienced New York medical malpractice & personal injury lawyer explains what steps to take after a loved one has died.
In Case of Death...Part 2
Description: This is the 2nd part of the series "In Case of Death..." Learn from an experienced New York medical malpractice and personal injury trial lawyer what steps to take after your loved one has died. Gerry Oginski, an experienced NY malpractice and accident lawyer explains.
In Case of Death...Part 3
Description: Learn what steps to take in case of your loved one's death. This is part 3 of the series "In Case of Death..." Gerry Oginski, an experienced New York medical malpractice and accident lawyer explains.
In Case of Death...Part 4
Description: Learn what steps to take in case of your loved one's death. This is part 4 of the series "In Case of Death..." Gerry Oginski, an experienced New York medical malpractice and accident lawyer explains.
In Case of Death...Part 5
Description: Learn what steps you need to take when your loved one has died. This is part 5 of the series "In Case of Death..." Gerry Oginski, an experienced New York medical malpractice & accident lawyer explains.
Dead Man's Family Calls NY Malpractice Lawyer First Before Burying Him
Description: THIS IS A TRUE STORY
A call came in the other day. A hysterical woman was on the phone. Her husband had died just moments ago. Learn what could be so important that she called a lawyer first, before burying her husband.
NY Bus & Truck Accidents- Crushed in Chinatown
Description: Learn what Gerry Oginski, an experienced accident and wrongful death attorney practicing law in Brooklyn, New York, Bronx, Queens, Staten Island, Nassau & Suffolk saw when he was returning from a deposition in Manhattan yesterday. The aftermath of a terrible and tragic accident at the intersection of Canal Street and Bowery in lower Manhattan. Read how the victim who lost her life must be compensated for her loss and why.
Kings County Hospital-Death in Psych ER
Description: Learn how a woman in the psychiatric emergency room of Kings County Hospital in Brooklyn, NY was left unattended and literally died while left in the waiting area. Nobody recognized her death for almost an hour. Learn from Gerry Oginski, an experienced NY Medical Malpractice & Wrongful Death attorney what her family must do to evaluate whether their loved one has a valid case against Kings County Hospital.