Napoli Bern Ripka, LLP Blog

Wrongful Death

The recent crane accident in New York City is just one example of negligence that unfortunately occurs all the time. In this case as well as other fatal accidents such as: a car or motorcycle accident, drowning, negligence in a nursing home, death by a drunk driver, or an accidental death by a gun, it is best to take legal action as soon as possible. We know that this can be a difficult subject to talk about, however to help these types of situations to occur less in the future, it is imperative for the public to learn from others mistakes.

A wrongful death is a claim in common law jurisdiction against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute. Investigators are examining in the crane accident how a worn-out part was taken off a construction crane last year, rebuilt and installed on another crane, which collapsed last week in an accident that killed two workers. The wrongful death of the two workers is a tragedy that occurred due to negligence. Since most wrongful deaths are based on negligence, you will need to prove that the wrongdoer had a duty to act in a certain duty, and that person breached their contract to act in a responsible manner, which cause a death. 

A wrongful death could occur as a result of a variety of situations, including: Occupational exposure to hazardous conditions or substances (e.g. toxins), Automobile, bus, train airplane or other common carrier accident, Death during a supervised activity (sports tournament, field trip, etc.), Neglect or abuse on the part of a nursing home that results in decedent’s death, or Medical malpractice that results in decedent's death. All of these situations classify as a wrongful death in which compensation