G. Oliver Koppell Legal Answers in New York

Who can recover damages after someone dies due to a negligence-created accident or medical malpractice in New York, and how much can be recovered…?

The answer to these questions is complicated. Family members of the person killed as the result of an accident or … Show More medical malpractice can recover in two different ways. First: The individual who died, or decedent, may have experienced pain and suffering prior to death. That may have been the result of injuries that did not immediately cause death or the medical malpractice. This claim for damages belongs to the decedent’s estate. The estate can claim damages that the decedent would have claimed if he or she was still alive. Those damages can obviously be considerable if the decedent did not die instantly, but instead lingered in pain for some time. Even a short period of pain and suffering can …Read More »

Sponsored answer by G. Oliver Koppell