Who Can Claim For A Wrongful Death Lawsuit?

Wrongful death claims allow the victim to file a lawsuit against the party who has suffered the loss. If a person dies as the result of a personal injury, their family member can bring what is called a wrongful death lawsuit. The wrongful death law allows the deceased closest surviving relative to be awarded damages for the beneficiaries of the deceased.

Wrongful Death Damages

A person can suffer the following damages in a wrongful death case:

  •    the deceased person’s pre-death pain and suffering
  •    the medical costs faced by the deceased
  •    funeral and burial costs
  •    loss of income related with the person
  •    loss of the deceased person’s expected income
  •    Loss of care loss of love and companionship, and
  •    Loss of consortium.
stephanie ovadia - wrongful death attorney
wrongful death

Who May Sue for Wrongful Death?

Immediate family members: Immediate family members like spouse, children and unmarried children can recover compensation and benefits under wrongful death actions. They should consult an experienced lawyer to win the case.

Life partners, financial dependents, and alleged spouses: A life partner who was financially dependent on the decedent and a supposed spouse can file the lawsuit. If the parents were financially dependent on their child they will be given the required compensation.

All persons who suffer financially:  the persons who suffer financially from the death can bring a wrongful death action. It is not necessary for them to be related by blood or marriage to the victim.

Distant family members:  Some states permits the distant family members such as brothers, sisters etc to carry forward the case.

The Law Office of Stephanie G. Ovadia has provided personal injury legal help for people on Long Island. She has handled all types of personal injury matters, from car accidents to wrongful death claims. Stephanie Ovadia provides legal support in various other areas of law also. She provides free consultation for all potential personal injury claims.


Victim Of Medical Malpractice? Contact a Personal Injury Lawyer!

Medical malpractice is a legal term which is used when a healthcare professional causes injury or harm to a patient during the treatment process. Medical malpractice can even lead to death in extreme cases.


Patients facing health complications because of medical malpractice can file a lawsuit against the healthcare professional and claim financial compensation for their injuries and sufferings.

To understand if one has grounds to file a medical malpractice lawsuit it is necessary to understand the broad reasons which constitute grounds for medical malpractice.
Three major reasons that are counted under medical malpractice include–

Failing to diagnose a health issue – In this a physician or a healthcare professional fails to diagnose a health issue in a patient, which leads to severe health complication in future that becomes incurable.

Wrong medications – Prescribing wrong medications that lead to serious health complications also constitutes grounds for medical malpractice.

Surgical errors – Committing errors during surgery like operating the wrong body part, operating the wrong patient, leaving surgical equipment in patient’s body, use of unsanitized equipment etc. lead to severe complications. Surgical errors is a key issue in medical malpractice cases.

If someone has faced health issues because of any of the above-mentioned medical malpractice reasons, then they have the right to justice and financial compensation for the injuries suffered.

However, the court decides the compensation amount based on a few factors like level of injuries incurred, medical expenses, or cost of physical therapy, emotional suffering, and lost wages.

Stephanie Ovadia is a personal injury lawyer, who can help you get justice and fair compensation for your suffering. Besides practicing medical malpractice cases, she also provides legal assistance in assault & battery, bicycle accident, bullying, dog bite, car accident, defamation, false arrest cases.

She has been practicing law for the past 30 years. She earned her Law degree from the Southwestern Law School in 1984. Besides practicing law, she also hosts her own radio show, the Stephanie O Show on 103.9 FM, LI News Radio.

What are the three major types of medical malpractice?

Have you ever heard of medical malpractice? Patients trust healthcare professionals with their health and life. But, sometimes healthcare professionals acts in a negligent manner. This negligence can lead to serious complications for patients and it becomes a case of medical malpractice. Its devastating results may include injury and sometimes death.

However, following are the three major types of medical malpractice –

Failing to diagnose – It is a situation when physicians or healthcare professionals fail to diagnose a certain disease or medical condition. This one failure can lead to severe consequences as disease may become incurable in future. It is a serious neglect of duties which may cost a person their life.

Improper medication – Improper medications vary from errors in prescribing medication to its administration. It can cause medical problems for patients as they might be taking wrong medication or wrong dosage of it.

Surgical error – Errors during surgery are very serious as just one mistake can lead to severe complications. These errors include leaving objects inside the patient, operating wrong site etc.

In any of the above mentioned case of medical malpractice, victim can hold the healthcare professional liable for complications. Victims can file a lawsuit against physician to claim financial compensations for their injuries and sufferings. Compensations are given on the basis of level injuries, medical expenses or cost of physical therapy, emotional sufferings, lost wages and more.

Stephanie Ovadia provides legal assistance to clients regarding assault & battery, bicycle accident, bullying, dog bite, car accident, defamation, false arrest, medical malpractice and more. She earned her law degree from the Southwestern Law School in 1984. She has been a practicing attorney for more than 30 years. She hosts her own radio show, the Stephanie O Show on 103.9 FM, LI News Radio. She has also appeared on numerous news stations.