Wrongful death lawsuits occur when the family of someone undergoing medical care dies, but not from natural causes. One example is a person in a nursing home dying from complications of fall injuries rather than age-related conditions. These incidents may indicate that the deceased did not receive the level of care needed and that the facility might have been negligent. If this is the case, the facility can be held responsible for its actions.
If your loved one died in a nursing home facility or under the care of a medical professional of something other than natural causes, a New York City death lawyer can determine if you have a case against the facility. Contact Pintas & Mullins Law Firm to speak to our legal team about your case free of charge.
Common Death Expenses
Final expenses, also called death expenses, can be difficult to plan for while still alive. Your family may need to cover the costs if you do not have money put away or do not have assets to sell. There are many death expenses to consider, including:
- Burial container: Many burial containers, such as caskets and urns, are expensive. It is important to set aside money to afford one since you cannot be buried without one.
- Burial location: Spaces in cemeteries can be costly, and there are limits to where you can bury someone.
- Funeral or cremation expenses: The cost of any final ceremonies, the burial itself, or cremation are unavoidable expenses.
- Medical expenses: Medical expenses may also be included if medical attention was needed prior to death, as well as the cost of processing your body for burial or cremation.
- Inheritance and estate taxes: Any inheritance or estate left behind can be taxed depending on where you live. This could cut into the assets and money that you leave behind for funeral expenses.
- Legal fees: If you have a will, estate, or assets to leave behind, you will likely have a lawyer handle them for you. Save money to handle the legal fees, or they will be taken out of the estate.
- Religious services: While many religious institutions will provide a memorial service at no cost if you were a member, it is customary to pay some amount to the facility and the religious leaders involved to continue to support their work.
There are other possible expenses that are not included on this list. The best way to deal with any of these expenses is to anticipate them. Even if you do not have all the funds to cover these expenses, having a plan will help you determine how much you need to save and start working toward it.
Understanding Your Rights
Deaths in nursing homes due to problems in those facilities can happen—usually when the facility is negligent. The Centers for Medicare & Medicaid Services outlines the rights and protections that must be protected as a patient in a nursing home facility’s care. The facility has an obligation to abide by these rights and protections. Any violation of them can result in a resident’s death, which can lead to a civil lawsuit or criminal charges.
One of the rights at the heart of this problem is the right to appropriate medical care. The facility cannot deny you the medical care that you need. As a nursing home facility, its primary goal should be to help with your daily living needs or recovery from any medical issues. This action can become the basis for a civil lawsuit if the facility violates your right to care.
Neglect is also a violation of your rights and protections. The facility is obligated to offer you the care that you were promised. There has been an increase in the number of nursing homes being understaffed and experiencing problems. However, there is no excuse for being neglected while in care. If you feel that you are being neglected or denied care, call Pintas & Mullins Law Firm to discuss your case.
For a free legal consultation with a New York City Death Lawyer serving New York City, call (800) 842-6336
When to Seek Legal Action
If you think that a loved one died because of neglect or other problems while in the care of a healthcare facility, a New York City death lawyer might be able to help you. They can investigate the nursing home facility to ensure that all the evidence that you need is collected. Evidence can disappear quickly. Waiting to talk to a lawyer might mean that you cannot recover enough evidence for your case.
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Statute of Limitations
Another reason why it is important to contact a lawyer as soon as possible is the statute of limitations, which is a time limit on how long you have to file a lawsuit. In New York, Section 214-A of the Civil Practice Law & Rules requires that wrongful death suits must be filed within two years and six months from the day that the person dies. If you let the time limit pass, you might not be able to file a case. A New York City death lawyer can help you avoid missing this deadline.
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Dealing with the wrongful death of a loved one can be one of the hardest times in your life. Worrying that they died as the result of wrongdoing can make it much harder. For your own peace of mind and to hold negligent caregivers responsible, you can speak to a lawyer about a wrongful death case. A lawyer can investigate and tell you if you have a credible case, which will help remove some of the stress you feel.
Contact Pintas & Mullins Law Firm to speak to our legal team. We can review your case and offer any guidance that we can. There is no cost for the consultation, and we can help you through this hard time. We can help you hold a negligent caregiver responsible and get the compensation that you deserve. Call today to get started.