Fatal Slip-and-Fall Incidents: Pursuing Wrongful Death Claims in New York

If you’ve lost someone you love in a slip-and-fall accident, you may be filled with grief, confusion, and a lot of unanswered questions. Could this have been prevented? Was someone at fault? And most importantly, what can you do now to get justice for your family?

This article walks you through what you need to know about fatal slip-and-fall accidents in New York and how wrongful death claims work. You’ll learn about property owner responsibility, what makes a slip-and-fall fatal, and who can be held accountable. We’ll explain how New York defines wrongful death, who can file a claim, and the strict deadlines you need to keep in mind.

You’ll also get a clear picture of what it takes to prove negligence and how an experienced wrongful death attorney can help with everything from investigating the accident to negotiating with insurance companies. If you’re looking for answers during a difficult time, this guide can help you take the first steps toward holding the right people accountable and protecting your family’s future.

Fatal Slip-and-Fall Incidents: Pursuing Wrongful Death Claims in New York

A fatal slip-and-fall accident can turn your world upside down in an instant. One moment, everything feels normal. Next, you’re trying to make sense of a sudden and heartbreaking loss. If you believe the fall could have been prevented, you might be wondering what you can do and what your rights are. Working with an NYC wrongful death attorney can help you understand your options and figure out the next steps. This article will walk you through what you need to know so you can make informed decisions for your family.

Fatal Slip-and-Fall Accidents in New York

Losing someone you love because of a slip-and-fall accident is devastating, especially when it could have been prevented. In New York, property owners have a responsibility to maintain safe premises. If they fail to uphold their responsibility, tragic consequences can occur. 

How Slip-and-Fall Accidents Become Fatal

Most falls are minor, but occasionally a slip can lead to serious and deadly injuries. Severe head injuries, such as traumatic brain injuries, can cause immediate or delayed death. Spinal injuries, internal bleeding, or complications like infections and blood clots can also be fatal.

Common Causes and Locations of Deadly Falls

Fatal falls often happen because someone didn’t address unsafe conditions. Icy sidewalks after a snowstorm, poorly lit stairways, wet floors without warning signs, or inadequate care at nursing homes can create serious hazards.

You might have noticed or even reported unsafe conditions before the accident. If the responsible parties ignored these warnings, they could be legally accountable.

Who Can Be Held Responsible in New York?

New York law requires property owners and managers to keep spaces safe. If they knew or should have known about a dangerous condition and failed to fix it, they can be held responsible. Liable parties may include landlords, store owners, building managers, contractors, or city authorities if the fall happened on public property.

Identifying who exactly is responsible requires investigating who controlled the property and who failed to act.

What Is a Wrongful Death Claim in New York?

If your loved one died because of someone else’s negligence, a wrongful death claim can help you hold them accountable and recover compensation for your family’s losses.

How New York Defines Wrongful Death

Wrongful death occurs when someone dies due to another person’s negligence or failure to act. According to New York’s EPTL §5-4.1, if your loved one could have filed a personal injury claim had they survived, you may have grounds for a wrongful death claim.

Who Can File a Claim?

In New York, the personal representative of the deceased must file the claim. This representative is typically named in the deceased’s will or appointed by the court. While only this representative can file, compensation can benefit family members like spouses, children, or parents who suffered losses.

Important Deadlines to Remember

You generally have two years from the date of death to file a wrongful death claim in New York. While two years might seem long, the grieving time and legal preparations can slow the process. Claims involving city or public properties can have shorter deadlines, sometimes just 90 days, so it’s essential to act promptly.

Proving Liability in Fatal Slip-and-Fall Cases

Proving liability means showing clearly that another person’s negligence caused the fatal accident. You’ll need to demonstrate:

• Duty of care: The responsible person or company had an obligation to keep the area safe.
  
• Breach of duty: They failed to correct known hazards or properly maintain the area.
  
• Causation: Their negligence directly caused the fatal injury.
  
• Damages: Your family experienced significant emotional and financial harm because of the death.
  

Gathering Essential Evidence

To support your claim, you’ll need strong evidence. Helpful items include surveillance videos, hazard photos, maintenance records, witness statements, incident reports, and medical documents. Gathering evidence quickly can significantly strengthen your case.

Determining Liability

Responsibility might involve multiple parties. For instance, if a landlord hired a maintenance company that didn’t do its job properly, both could be liable. Identifying who should have acted but didn’t is a key part of the process.

How a New York Wrongful Death Attorney Can Help You

Facing legal challenges while grieving is overwhelming. A wrongful death attorney helps guide your family, protecting your rights and handling complicated legal procedures on your behalf.

Conducting a Thorough Investigation

Your attorney investigates the accident thoroughly. They visit the accident site, collect evidence, interview witnesses, and gather information to understand exactly what happened. They might also consult medical professionals to clearly establish the connection between the fall and your loved one’s death.

Handling Negotiations and Court Proceedings

Insurance companies typically aim to pay the least amount possible. Your attorney negotiates with insurers to ensure your family receives fair treatment. If negotiations don’t result in a fair settlement, your attorney will represent your family in court, preparing and presenting your case effectively.

It can be stressful to manage filing a wrongful death claim, even more so right after the loss of a loved one. Working with an experienced wrongful death attorney can handle the legal burdens so you can focus on your family and healing, knowing someone is advocating for your rights and best interests.