What are the common causes of wrongful death?

Wrongful death is a legal term used to describe when a person is killed due to the irresponsible or reckless behavior of another person or entity. In New York State, the wrongful death statute is found in the Estates, Powers and Trusts Law (EPTL). Under this law, certain family members of the deceased can bring a wrongful death action against the responsible party. The most common causes of wrongful death in New York are medical malpractice, motor vehicle accidents, construction accidents, and premises accidents (such as slip and falls). Medical malpractice is defined as a medical professional’s failure to provide adequate treatment resulting in the death of the patient. This can include misdiagnosis or delay in diagnosing an illness, prescription errors, or surgical errors. Motor vehicle accidents are also a common cause of wrongful death in New York. This includes car, truck, motorcycle, and bicycle accidents. Wrongful death claims can be brought against another negligent driver, the manufacturer of a defective vehicle, or a third party, such as a property owner for their negligence which caused the accident. Construction accidents are another common cause of wrongful death in New York. Construction workers are exposed to dangerous conditions that can lead to fatal accidents on the job. Families of these deceased workers can bring wrongful death suits against the contractors or property owners who are responsible for the unsafe conditions. Finally, premises accidents, such as slip and falls, can also cause wrongful death. In these cases, the person or entity responsible for the dangerous condition would be liable for the wrongful death. It is important to note that in all of these cases, the family of the deceased must be able to prove that the death was caused by negligence in order to be successful in a wrongful death suit.

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What are the common causes of wrongful death?

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