What Is Wrongful Death?

In cases where someone dies due to another person’s negligence, his or her survivors can still file a wrongful death lawsuit. In wrongful death lawsuits, the survivors typically seek compensation for lost wages, lost companionship, and funeral expenses. Wrongful death claims range from car accidents to complex medical malpractice and product liability cases.

In order for someone to file a wrongful death claim, he or she must be a representative of the survivors who have suffered damage. Usually, this person is the executor of the decedent’s estate. However, the parties of interest in the case include immediate family members, life partners, and financial dependents. Some states allow distant family members, including brothers or sisters, to file wrongful death claims. Survivors can file a wrongful death lawsuit against a person, company, or government. However, certain government agencies are immune from wrongful death lawsuits, meaning it’s not possible to take legal action against them.

The Long Island medical malpractice attorneys of Pegalis & Erickson are advocates for individuals and families injured by another’s negligence. If you have suffered a medical or hospital error, please give us a call at (516) 684-2900.