Legal Accountability for Wrongful Death
Advocating for Families Affected by Negligent Deaths
Trusted and Award-Winning Representation
When a loved one dies due to negligence, those left behind face an incredibly difficult decision. In most cases, criminal charges are not applicable if there was no intent to cause death or if intoxication was not a factor. This leaves families with two primary choices: (a) do nothing or (b) pursue a civil lawsuit.
If the facts suggest negligence, “do nothing” is usually not an option. So, many families decide that a civil lawsuit in “wrongful death” is their only real option to achieve some form of accountability. [1]
At Deutsch Law, our team of wrongful death lawyers in New York is here to guide you through this difficult time. Pursuing a wrongful death lawsuit can provide accountability, financial wrongful death compensation, and a sense of closure for families grappling with their loss.
Understanding Wrongful Death Due to Malpractice
Wrongful death occurs when an individual’s death is caused by the careless, reckless, or intentional actions of another party. In the case of medical malpractice, this can occur when a healthcare professional fails to meet the standard of care expected in their field, resulting in fatal consequences.
Examples of Wrongful Death due to Malpractice Include
- Misdiagnosis or delayed diagnosis of a serious condition, such as cancer or pulmonary embolism
- Surgical errors
- Medication errors or incorrect dosages
- Failure to monitor a patient properly, such as post-anesthesia neglect
Why Choose Deutsch Law for Wrongful Death Cases?
Specialized Expertise in Wrongful Death Law: Handling a wrongful death case requires a nuanced understanding of both legal frameworks and the complexities grieving families face. Our team is adept at navigating the wrongful death statutes and process, ensuring that your case is handled with the utmost professionalism and compassion.
Proven Track Record of Success: Deutsch Law has successfully represented numerous families, securing favorable outcomes. Our meticulous approach ensures that every detail is thoroughly examined, from establishing negligence to quantifying the financial impact of a loss.
Compassionate and Dedicated Support: We understand the profound grief and family dynamics that accompany the loss of a loved one. Our compassionate approach and experience ensures that you feel supported throughout the legal process, providing the guidance and advocacy you need during this challenging time.
Our Wrongful Death Expertise
Broad Experience in Cases of Death due to Malpractice
We have seen many (too many) of the ways malpractice can result in death. Our experience in these cases gives us the knowledge needed to guide our clients to a successful outcome in the legal process.
Misdiagnosis or Delayed Diagnosis of a Serious Condition
Surgical Errors or Unnecessary Surgeries
Medication Errors or Incorrect Dosage
Birth Injuries Resulting in Infant or Maternal Death
Failure to Monitor a Patient Properly
What Our Clients Say
4.7 out of 5
“Dear Larry,
Please accept our gratitude for your herculean efforts. Because of your guidance, we can now hopefully smile when he looks at the “Man in the Mirror.” You were our general; you were our Atticus Finch.
Sincerely,
Mr. and Mrs. V”
“Dear Larry,
I have been meaning to write to you to say “Thank you,” for all the work. You believed in us right from the start. Your integrity and professionalism were truly exceptional, and very much appreciated! I wish I had been there when the jury came back. My husband called me at work and I started to cry. From what I hear, your summation was just fabulous. You should be so proud.
Sincerely,
Mrs. D.”
“I wanted to sincerely thank you for all your effort on my behalf. I honestly never imagined that I would receive such a large settlement. I am very grateful that you represented me with such professionalism, knowledge, courtesy, and of course, great negotiating skills. It’s such a comfort to know that now I can worry a little less knowing I have a nice cushion for retirement and my family.
Thanks again for everything!”
Our Approach to Wrongful Death Cases due to Malpractice
Initial Consultation
Your journey starts with a free, confidential consultation. We take the time to understand your loss, listen to your story, and assess the unique details of your case and family. From there, we outline a legal strategy focused on achieving justice and securing the compensation your family needs to move forward.
Case Investigation and Evidence Gathering
We leave no stone unturned. Our team meticulously reviews medical records, accident reports, witness statements, and other key evidence. We work diligently to uncover the truth and build a powerful case that highlights negligence and the full extent of your family’s loss.
Expert Collaboration
Our network of world-class legal and medical experts ensures that every aspect of your case is meticulously examined and supported with professional testimony.
Negotiation and Litigation
While we strive to reach a fair settlement through negotiations, we are prepared to take your case to trial when necessary. Our demonstrated track record at trial also encourages the opposing side to negotiate fairly.
Post-Settlement Support
Our commitment to you doesn’t end with a trial or settlement. We provide strategic post-settlement planning to ensure your long-term financial security, including help to set up trusts and optimizing your compensation.
Our network of top medical experts—including Ivy League alumni and department heads helps us achieve favorable outcomes in even the most complex cases.
Financial Support for Your Legal Journey
No Upfront Fees
We operate on a contingency fee model, so you won’t pay any legal fees unless we successfully resolve your case. This allows you to seek justice without worrying about upfront expenses or financial burden.
Access to Financial Assistance
When necessary, we help our clients access financial assistance to ease the economic pressure while their case is ongoing. This ensures that individuals throughout Manhattan, Brooklyn, Queens, and across New York State can prioritize their well-being without feeling pressured to accept lower settlements out of urgency.
If you have lost a loved one due to negligence, get in touch with us!
Deutsch Law can offer a no-cost consultation. We are ready to guide you through this difficult time and help you understand your rights and options.
Let us address common questions about wrongful death cases
Why does experience in handling wrongful death cases matter?
We feel that our experience handling a broad range of wrongful death cases gives our clients the best chance for a successful outcome. We have learned the importance of truly getting to know the life history and unique personality of the person who passed away, and the family left behind. This helps us present the true story of the loss in Court. We also understand how to make sure our clients are treated by the legal process with dignity and respect.
What compensation does the law provide in wrongful death cases?
The New York wrongful death statutes and jury instructions in this area are complex.¹ But to summarize, the following types of compensation are available, depending on the facts of the specific case:
- Pain and suffering experienced by the Decedent, due to malpractice
- Loss of financial support that was previously provided to family
- Funeral and medical costs
- Loss of parental nurture and guidance (particularly if there are minor children)
- Loss of household services the Decedent used to provide (e.g. as a homemaker, helping maintain the home)
Recently, there have been various legislative proposals (though not yet a passed law) to allow New York families to recover for their emotional grief due to a wrongful death, independent of “economic loss.” [2]
Is it hard to win a case against a hospital or doctor for wrongful death?
Hospitals and medical providers are well funded and represented by excellent attorneys, as a rule. However, we have a proven track record of success in these cases, including cases involving the largest health networks in New York State. There is never a guarantee of success in any case, that will ultimately be evaluated by human beings. But we are proud that the vast majority of our clients have obtained either a fair value settlement or favorable verdict in Court.
How long do I have to file a wrongful death claim in New York?
In New York, you typically have two years from the date of your loved one’s passing to file a wrongful death claim. However, exceptions can apply depending on the circumstances, so it’s essential to speak with an attorney promptly to protect your rights. If you are looking for a top wrongful death law firm in New York, we are here for you!
How will you handle my wrongful death case?
We approach every case with compassion and dedication, thoroughly investigating the details, gathering expert opinions, and crafting tailored legal strategies. Our goal is to ease your burden while relentlessly pursuing justice and fair compensation on your behalf.
How do you determine if I have a valid case?
During a no-cost consultation, we carefully review your situation, analyze available evidence, and assess whether the circumstances align with the legal criteria for wrongful death. If we determine you have a case, we’ll outline the next steps clearly and transparently.
Do you provide free consultations for wrongful death cases?
Absolutely. We offer free, no-obligation consultations to evaluate your case, explain your options, and guide you toward the best path forward.
What if we don’t win my case?
If we are unable to secure a favorable outcome, you owe us nothing. Our contingency fee model ensures there’s no financial risk to you—our payment is contingent upon winning your case.
How will you keep me informed during my case?
We believe in open communication and keeping you fully informed. You’ll receive regular updates, and we’re always available to answer questions, explain developments, or address any concerns throughout the entire process.
References
[1] New York Estates Powers and Trust Law §5-4.1. See also, NY Pattern Jury Instruction 2:320A.
[2] Different versions of this proposed law entitled “Grieving Families Act.” In 2024, a version of this law passed the New York State Assembly and Senate, though was vetoed by Governor Hochul. The NYS Trial Lawyer’s Association has announced plans to resubmit a modified version of the law (e.g. to allow meaningful compensation for death of a young child or disabled person, where there is often no “economic loss”) though opposition by medical and insurance groups is also ongoing.