Birth Injury / Birth Defect
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Birth Injury

New York Wrongful Death Lawyers

Our New York Wrongful Death Lawyers at Kleinick Law are committed to representing Plaintiffs in wrongful death cases during or after delivery of the baby. We are proud to represent clients whose friend or family member have died by the negligent, careless, or reckless conduct of someone else.

Wrongful death is a legal term which refers to situations when a person dies due to negligence of another. Wrongful death cases our lawyers handle arise in a number of different ways like, car accidents, medical malpractice, truck accidents, motorcycle accidents, construction site accidents, etc.

If you lost a loved one due to medical malpractice, contact our experienced New York Birth Injury Lawyers at Kleinick Law today!

WRONGFUL DEATH DURING OR AFTER BABY DELIVERY

Wrongful death during birth can occur to both mother and to the child. Whether the wrongful death emanates from a natural vaginal delivery, a cesarean section delivery, or a vaginal birth after cesarean (VBAC), a birth defect can exacerbate a wrongful death during the process of delivery. For example, a baby may asphyxiate if delivered incorrectly, or a mother may bleed out due to hemorrhaging. In both cases, a wrongful death can happen and cause sorrow to an expectant family.

Keith Kleinick can give you information about a structured settlement if you are currently receiving compensation for a wrongful death case.

WRONGFUL DEATH CLAIMS

A wrongful death suit is different from other types of personal injury claims because the actual victim is not bringing the suit, rather it is usually a family member or the decedent’s estate. A wrongful death claim is brought to try and recover damages for injuries that the surviving estate and or family have suffered due to the death of a victim. The damages recovered usually do not include damages that are personal to the decedent, since the decedent is not allowed to recover for pain and suffering, mental distress, or any other form of compensation unique to him or her. The purpose of a wrongful death suit is to provide relief to family members who have been injured emotionally and financially as a result of the family member’s death.

Who can file a wrongful death suit?

This will all depend on your particular states statutory language, but generally it would be immediate family members (i.e. spouses, children or parents) can pursue a wrongful death claim (minors under the age of 18 years old may require a guardian to represent their interests in court).

Each state has it own statute of limitation which defines the time frame during which a lawsuit must be filed. These time frames usually run from the time of the victim’s death, although some states may allow a longer time period for a lawsuit to proceed, if the act which caused the death was not discovered until later.

A valid claim may be denied if it is filed after the statute of limitations has run out. If you feel that you have a valid claim for wrongful death, it is important that you speak with a qualified lawyer at your earliest convenience to preserve your rights. An early action will help to preserve evidence, or locate witnesses that you may need to win your case.

The following types of damage are considered in a wrongful death case:

  • The expected loss in income of a person who has died.
  • Sorrow, mental anguish, loss of companionship and comfort.
  • Expenses for the care, treatment and hospitalization for the person who has died.

Examples of these are immediate expenses associated with the death:

  • Loss of victims anticipated earnings in the future until time of retirement or death.
  • Loss of benefits caused by the victim’s death.
  • Loss of inherits caused by an early in life death.
  • Pain and suffering and/or mental anguish to the survivors.
  • General damages and punitive damages.

Here at Kleinick Law, our New York Wrongful Death Lawyers use their years of experience in handling wrongful death cases to investigate every possible factor that would cause a wrongful death, and to ensure that you will receive full compensation for your pain and suffering.

If you lost a loved one due to medical malpractice, contact our experienced New York Birth Injury Lawyers at Kleinick Law and fill out a free case evaluation form today. Your initial consultation is FREE! "If we don't win, you don't pay!"

 

Free Wrongful Death Consultation. Click Here or Call 212-233-5433
 

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New York Birth Defects.com - Kleinick Law
Wrongful Death Lawyers in New York specializing in wrongful death cases involving death of child during birth and baby delivery.Practicing throughout New York City (NYC), Brooklyn, Bronx, Queens, Staten Island, Manhattan and the surrounding areas.

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