• Raphan Law: Blog

Do you have a wrongful death claim?

It is never an easy time when losing a loved one. When the death was preventable, the sense of loss can seem even more painful.

While it will never bring your loved one back, if the death was the fault of the negligent or reckless actions of another, a doctor, hospital, or nursing home for example, you may be able to seek damages through a wrongful death claim.

Compensation can at the very least can help families deal with the financial consequences of a preventable death in the family.

When a family member goes into the hospital, care facility, or nursing home, you expect them to receive the proper care. What you should not expect is to receive the news that they passed away due to preventable injuries or complications. Sadly, hospital patients do suffer life-threatening injuries due to the negligence of medical professionals.

Often, these cases are brought against medical institutions for avoidable deaths when a loved one is in their care. However, wrongful death lawsuits can be made against drivers in car accidents, employers, public authorities or other entities as well.

Successful wrongful death claims in New York can result in significant damages being awarded to the family of the deceased.

The courts may award compensation for:

  • Medical expenses prior to death 

  • Pain and suffering prior to death

  • Lost earnings

  • Loss of financial support and services to the family

  • Loss of future inheritance to the family

  • Funeral expenses

If you think a death of a loved one may have been preventable while under the care of others, or could have been avoidable, feel free to contact us by phone at 212-268-8200 to see if you may have a valid lawsuit. Or click here to message us>



•National Academy of Elder Law Attorneys

•American Bar Association

•New York State Bar Association

•United States District Court New York Southern District • USDC NY Eastern District

•State of New York Unified Court System

•National Alliance of Trust & Estate Professionals

•Temple University • Cardozo Law School NY

•AARP Listed Attorney

*Free consultation for new clients only. The information on this site is not, nor is it intended to be legal advice and does not automatically create an attorney/client relationship. 

On negligence and medical malpractice cases we may participate or partner with other counsel with disclosure to potential client before we or such partnering counsel accept the case.           

© 2020 Brian A. Raphan, P.C.


7 Penn Plaza, 8th floor

(370 7th Avenue)

(7th Ave/31st St.)

New York, NY 10001


Tel: 212-268-8200

Fax: 212-244-3075


Elder Law News Blog