Slip and fall accidents routinely result in bodily injuries in New York City. Unfortunately, these injuries are frequently fatal. This is the case whether they occur at the workplace, on a public street, or even in a private residence. If your loved one died in a fall, you could have a viable wrongful death claim. Should this claim be successful, you could recover monetary damages and a measure of justice against the at-fault party. Let a New York City slip and fall lawyer assist you in your efforts.
Common Hazards That Lead To A Slip And Fall
There are many ways a fatal fall accident can happen in New York City. Some falls result in serious injuries because they involve falling from a substantial height. In other cases, a fall could be fatal when the individual trips and lands on their head or neck—especially on an icy surface like a sidewalk or parking lot.
Some of the common causes of fatal accidents include:
- Accumulated snow or ice
- Broken handrails
- Spilled beverages or other liquid
- Trash or debris
- Inadequate lighting
- Uneven flooring
Who can file a wrongful death lawsuit in NYC?
In many states, the right to file a wrongful death lawsuit lies with the immediate family of the deceased person. That is not how these cases work in NYC, however. According to state law, only a personal representative of the estate has the authority to file a wrongful death lawsuit. They could be a family member of the deceased. They are typically appointed by the court, but the decedent’s will could also identify a person to serve in this capacity.
Who Recovers Compensation From Wrongful Death Lawsuits?
As stated above, a personal representative of the deceased person’s estate is the only party that can file a wrongful death lawsuit. However, they are not entitled to the proceeds unless they are also heirs to the estate. When a wrongful death lawsuit is successful, any proceeds recovered from the at-fault party is included in the funds of their estate. This money could be used to pay creditors, but it typically is distributed to the heirs. Most of the time, they are the direct relatives of the decedent.
Contact Us For A Free Consultation
The loss of a loved one due to a slip and fall accident is never easy. While a monetary settlement cannot bring them back, it could provide you with a measure of justice, and the resource to heal and rebuild your life. Our team at Douglas and London are ready to help ensure your rights are protected following the loss of your family member. If you are ready to discuss your options, our firm is here to help. Reach out right away for a free consultation. We work on a contingency basis, so there are no upfront legal fees.