When you have a family that loses someone that they have loved in New York, they are not thinking about filing a lawsuit. However, if someone was negligent, and that may have led to their death, it is important to file a lawsuit right away. Finding closure is possible when you are going after the party that may be responsible for the wrongful death, specifically by filing court papers. Compensation is only possible by doing this as it is part of the process.
Cellino Law handles these types of lawsuits, and our Cheektowaga wrongful death lawyers can help you if this has happened to your loved one. We understand how difficult and frightful this process can be and they are experienced in this area. It is absolutely necessary to act as quickly as possible as there are deadlines for filing a wrongful death lawsuit which can be much shorter than other types of lawsuits. Our personal injury lawyers in Cheektowaga will expedite the process to help all of our clients.
When Is A Death Regarded As Being Wrongful?
When there are reckless or dangerous activities or decisions on the part of an individual, ones that lead to death, this death may be regarded as a wrongful one. It could be the result of a truck accident, car accident, malpractice, or neglect at a nursing home, and may also occur as a result of bad decisions at a construction project.
The decedent’s estate has the right to file this wrongful death lawsuit against anyone that may be perceived as leading to death.
The aim is to recover damages for the heirs or heir of the person that is now deceased. This process is designed for protecting individuals such as:
- The significant other or spouse
- The offspring of the decedent
- The parents of minor children if any are involved
Proving A Wrongful Death Claim
When you file a wrongful death lawsuit, if you want to win the claim, it is absolutely necessary to establish that the loved one’s death occurred in what is called an untimely manner due to the negligence or recklessness of the person that is responsible. That recklessness or neglect must be represented in their behavior and decisions which can lead to indirectly or directly contributing to the death of the loved one.
The term reckless behavior simply refers to someone making conscious decisions with the intent to harm others. Negligent behavior, on the other hand, is where someone has failed to act in a manner that would be perceived as reasonable or failed to address a certain situation, that would lead to very similar circumstances.
Building a case like that will require two things. Cellino Law will be able to prove this for you in the following way.
A Duty Is Owned By Parties Responsible
Certain individuals have a duty to act in a responsible way in the context of who they are responsible for. Their actions have consequences and are owned by the individual. To keep people safe, the responsible party must refrain all legally from actions, that could lead to harming others.
Breach Of Legal Duty By The Defendant
There is some evidence that will be presented which will show the defendant did not act in a reasonable or prudent way, or it will be shown that their actions were careless, reckless, negligent, and it must be proven that the wrongful death is the result of the actions that this person has taken.
Who Can File For Wrongful Death Cases In New York?
There is only one person that will be authorized to file a claim regarding wrongful death in New York State and that is the estate’s personal representative of the decedent. This could be the executor or administrator of that estate. This is an individual that could have been appointed by the county Surrogate’s Court. If there is a will available, the named executor will be given this responsibility. When there is no executor named, the administrator will be named by the judge of the Surrogate’s Court.
Family members in Cheektowaga, New York, that may file a wrongful death claim will include:
- Blood relatives who were dependents of the decedent
- Spouses
- Parents
- Children who were biologically related or adopted
What Amount Of Money Can Be Recovered In A Wrongful Death Claim?
There is really no amount of money that can take away the grief from people that have suffered the loss of a loved one. That is why the economic impact of death, and financial earnings, are considered carefully by the state of New York. Wrongful death lawsuits often lead to damages that are awarded and will fall into a couple of different categories.
The first one is directly linked to the amount of pain-and-suffering that the victim experienced prior to dying. There will often be a forensic pathologist that is brought in to testify regarding the extent of analysis. During this time, the pain of the loved one will be heard, as well as how difficult it is for the survivors, and this is important because it leads to proper compensation for the family.
The second type of damages will be related to what they could have earned, and what their expected contribution to the family, or the one individual that has survived after the wrongful death has happened. This pertains to a loss of finances which will be evaluated looking at financial records in order to determine what the extent of the money lost will be because of their death. There are many different damages that can be filed for after they have died. This includes:
- Lost guidance that would have been provided to the surviving children due to the parent’s death
- Inheritance or assets provided by the deceased and the reduced value because they have died
- Lost wages, and under earned wages, that the defendant will no longer be able to provide
- Healthcare policies, childcare, and other services related to the decedent and the family
- The cost of the funeral, burial, or the cremation of the victim
- The overall cost of the medical care for the person who has now passed on which was required due to the accident that happened.
By looking at these two primary factors, and considering all of the economic damages, a calculation can be made. All of this is important when trying to come to a final figure as to how much money has been lost. The age of the victim at the time of death, and the remaining amount of life that they may have had, will also be factored in. For example, if a young child loses their parent, they will also not receive the support from this parent in regard to wages which would have been needed as they aged into adulthood.
It is unfortunate that the emotional pain that the surviving family members will feel is not taken into account in New York State when damages are being determined. This is a lack of compassion on the part of the law which is unfortunate. Practicing attorneys that are experienced in wrongful death cases, such as our offices, will take emotional damages into account and we are actively fighting to change this portion of New York law. Until that happens, all of the lawsuits that are filed will be done so with our expertise regardless.
Call Cellino Law To Speak With A Cheektowaga Wrongful Death Lawyer
It is very important to keep in mind that there are time limitations associated with every wrongful death case. Once a representative pursues legal action, it must be done so quickly so as to avoid the possibility of missing the expiration date. Limitations are certainly shorter when dealing with public authorities. In general, courts are not going to extend any statute of limitations, so it is absolutely imperative that survivors act as quickly as possible. Don’t hesitate to call our Cheektowaga injury firm at (888) 888-8888.