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What Qualifies as a Wrongful Death Lawsuit?

Ever wondered if you qualified for a wrongful death lawsuit after medical malpractice? If someone dies due to the negligence of another, the survivors may want to sue or seek compensation for wrongful death. A wrongful death statute varies depending on the state, but it overall outlines who the person is that’s being sued and what limitations may be applied for the damage awards. Compensations can include recovered wages from the deceased, funeral expenses, and lost companionship. If you want to speak to a professional to learn more about wrongful death lawsuits, contact Birzon & Associates for a Health Care attorney on Long Island. Our mission is to provide legal expertise so we can find a solution to all your legal problems. 


Who can sue?

Wrongful death can happen because of a fatal car accident or a medical malfunction. Certain people, companies, and government agencies can be legally accused of neglect. Most commonly, a wrongful death lawsuit is brought by the person who represents the decedent’s estate. The “real parties in interest” vary from state to state. The people who qualify include:

  • Immediate Family: Depending on the state, immediate family members like children and spouses can seek compensation. 
  • Life partners: Depending on the state, life partners or anyone who was financially dependent on the decedent has a right to sue and receive compensation. 
  • Distant family members: Some states allow distant family members like grandparents to bring on wrongful death lawsuits. For example, a grandfather or grandmother who raised a child is qualified to bring on action. 
  • People who need financial help: In certain states, a person who is not blood-related or legally married to the victim who relied on financial aid from the descent can sue for wrongful death. 
  • Parents of a deceased fetus: In limited states, the death of a fetus can qualify a person for a wrongful death lawsuit. Parents can bring a lawsuit to recover for emotional losses or financially. 


How A Healthcare Attorney On Long Island Can Help

The legal advisers at Birzon & Associates can’t bring back your loved one, but we can help you secure your family’s well-being. A Health Care attorney on Long Island can make sure that all your legal options are explored. To get advice or a Health Care attorney on Long Island, contact Birzon & Associates today!

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  • Smithtown Office
    222 East Main Street
    Suite 212
    Smithtown, New York 11787
    Phone: 631-265-6300
    Fax: 631-265-6799
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