New York State’s Safety Snapshot
Almost every state in the country has seen a rise in accident rates since 2020.
New York, unfortunately, is no exception to this worrying trend. Traffic-related injuries and fatalities have surged from one year to the next, with 2022 listed as the most dangerous year for road accidents in the last decade.
New York’s Definition of Wrongful Death
The term “wrongful death” has a specific legal meaning.
Every state has its own definition of what constitutes a wrongful death. In New York, a wrongful death is any death caused by a “wrongful act, neglect or default.”
Drowning Accidents and Wrongful Death Damages
Standing in Wrongful Death Claims
In New York State, only the executor of the decedent’s estate has standing to file a wrongful death lawsuit. The executor is the person, or party, who has been nominated to initiate probate, manage estate assets, and distribute inheritances. Executors are often nominated in a last will and testament, but they may be appointed by a surrogate’s court if no will and testament was executed.
The Legal Definition of “Drowning” is More Expansive Than You Might Expect
People often make the mistake of presuming that a person who has drowned is a person who has passed away. However, drowning is not always a fatal occurrence. In both medicine and law, the term “drowning” is used to describe respiratory impairment caused by submersion in water or another liquid.
Nonfatal drownings can have serious repercussions. Drowning-related complications include, but are not limited to, the following:
Drowning accidents can have far-reaching consequences.
Unlike the sort of intense physical trauma inflicted in a car crash, the impact of drowning can be much more subtle, affecting survivors in ways that aren’t always easy to see from the outside looking in. These seemingly “invisible” symptoms can present stark difficulties, turning routine tasks into real challenges.
In New York, anyone who suffers serious injuries caused by another person’s negligence could be entitled to compensation.
Drowning Accidents
Drownings may be a leading cause of accidental death, but they are not always fatal.
Medical professionals typically define “drowning” as any form of respiratory impairment caused by submersion in liquid. In other words, any person who struggles to breathe after inhaling water is technically drowning, even if they do not pass away or lose consciousness.
Drowning is a leading cause of accidental death across the United States, but most drownings are non-fatal. However, even when a drowning incident doesn’t end in death, recovery does not always end after resuscitation. Even when survivors seem fine, risks abound.
Here are five steps you should take to protect your finances after an accident:
1. See the Doctor and Follow Through on Referrals
Drowning isn’t always deadly, but even non-fatal accidents can have lifelong repercussions.
Although few parents are willing to take chances when it comes to their child’s chances of recovery, managing the aftermath of a traumatic incident isn’t easy. Even if you’ve already taken your child to the hospital, your next steps may be uncertain. Doctors don’t always consider family finances, and the recommendations you’ve received—for therapy, physical rehabilitation, or expensive prescription medications—could cost more than most New Yorkers can afford.
Almost everybody knows that hiring the right lawyer can make a big difference when it comes time to take a drowning accident claim to trial. However, far too many people think that experienced representation comes at an unaffordable cost.
Although some attorneys charge exorbitant amounts of money for a single meeting, different law firms have different policies. The country’s best criminal defense lawyers and tax attorneys may bill their clients hundreds, if not thousands, of dollars per hour.
But personal injury lawyers work with people who are often struggling to make ends meet after an accident and can’t typically afford to take money away from their recovery.
1. Pre-Litigation: Consultation and Investigation
Preparing to take a case to trial is an intensive process.
Before filing a lawsuit, you’ll likely need to schedule a free consultation with a drowning accident attorney. Even if you’re confident in your claim, a lawyer can typically help assess your chances of obtaining compensation.
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