Wrongful Death Lawsuits 101: What You Need to Know
The pain of losing a loved one unexpectedly and unnecessarily can be unbearable and it’s only natural to want justice. When the untimely death of a loved one is due to someone else’s negligence, wrongful death attorneys can usually help hold the responsible party accountable.
No amount of money can ease the pain caused by the loss of a loved one, but it can help families move forward. In many cases just knowing that the responsible party was held liable for their actions is enough. Wrongful death attorneys help families fight for victims’ rights when they can’t fight for themselves.
Here’s what you need to know about these claims involving wrongful death attorneys.
Who Can Bring Suit
Wrongful death claims in New York are often the result of medical malpractice, auto accidents, and workplace accidents but there may be other causes. The decedent’s personal representative works with wrongful death attorneys to bring suit against the responsible party.
In many states, the decedent’s personal representative may be a spouse, a life partner, or a family member but New York is a little different. In New York the representative is typically appointed in the decedent’s will. That person is most often the administrator of the will or the estate but may be someone else appointed by the court.
What Makes a Wrongful Death Claim
Wrongful death in New York involves either negligence or an intentional act which can be proven by several elements. Wrongful death attorneys seek to prove the actions of one caused the untimely, or wrongful, death of another. These are the most common elements which wrongful death attorneys in New York must prove.
- The defendant and the decedent had a relationship in which the defendant owed and breached their legal obligation to the deceased.
- The negligent or intentional behavior of the defendant directly caused the decedent’s death.
- The decedent could have legally filed a personal injury suit if they were still alive.
- The family suffered provable and measurable damages as a direct result of the decedent’s untimely death.
Showing the court each of these elements with evidence of each claim is how wrongful death attorneys prove their case to fight for victims’ rights to compensation. Money doesn’t ease the family’s pain, but it does make moving forward after the loss of a loved one a little less complicated.
Measuring damages in a wrongful death claim can be a complex process which is governed by state laws. Only wrongful death attorneys can help you put a dollar amount on a wrongful death claim. Measurable damages may include the decedent’s medical bills and lost wages if they helped support family members. The pain and suffering of the deceased can also be compensated in a wrongful death claim. Experienced wrongful death attorneys can help you establish the financial elements of your claim.
Wrongful Death Attorneys
If you’ve suffered the untimely loss of a loved one due to someone’s negligence or intentional act, then you may be due compensation under a wrongful death claim. Skillful wrongful death attorneys will help establish the elements of your case and fight for the rights of the victim. They are experienced in offering family members compassionate support as they navigate the legal system in search of the financial justice they deserve.