If one of your loved ones has lost their life due to another party’s negligence, you have the right to recover compensation by filing a wrongful death lawsuit. Our Clarkstown wrongful death lawyers are here to guide you through the process. The idea of filing a lawsuit to recover financial compensation might be the last thing on your mind when you’re facing your worst nightmare but you also need to think of the medical and funeral bills and replacement income.
A wrongful death settlement is not going to bring back the loved one you have lost but it will certainly help in bringing a sense of closure and help you get over some of the financial difficulties due to the tragedy. The personal injury attorneys at Cellino Law have decades of experience in handling wrongful death claims.
How Is Wrongful Death Defined in New York?
In the state of New York, wrongful death is defined as when a person has lost their life due to the negligent actions of another person or an entity. The common-law negligence principles are applicable here. In simple terms, it means that the party can be held liable in case it’s proven that the victim lost their life due to failure on part of the responsible party. However, it needs to be proven that the party responsible for the action was acting negligently and that is what led to the death. There are certain things that will need to be proven:
- The party responsible had a duty of care or legal obligation to act in a cautious manner.
- The party responsible violated the duty of care.
- The victim lost their life due to this violation of the duty of care by the party responsible.
Who Is Qualified to File a Wrongful Death Claim in New York?
In the state of New York, only the personal representative of the estate of the victim is legally qualified to file a wrongful death claim. Keep in mind that family members are not allowed to file a claim in the state of New York, unlike in some other states. If you are a family member and the personal representative of the victim’s estate, you are allowed to file a claim as an exception.
Get in touch with a wrongful death attorney at Cellino Law to schedule a free consultation and to determine whether you have a wrongful death claim.
What Type of Damages Are Recoverable?
The main goal of filing a wrongful death lawsuit is to recover economic losses due to the death of a loved one. Several types of damages are awarded in wrongful death claims and some of these include economic damages as well as non-economic damages.
This category typically includes the cost of medical bills, and costs of the funeral, such as burial or cremation. It also includes loss of earnings as well as future potential earnings. Inheritance amount can also be recovered as it might be less than what would have been left by the deceased if they hadn’t lost their life. The age of the victim as well as their life expectancy are some of the factors that are evaluated to calculate economic losses.
This category includes damages for services provided by the deceased such as caring for children, emotional support as well as moral training. Another example of non-economic damage would be the loss of parental guidance that would have been provided by the deceased.
Can Surviving Family File for Punitive Damages?
In certain cases, punitive damages might be awarded by the court in addition to the economic and non-economic damages but everything depends on the situation as well as the facts of the case. Punitive damages are generally awarded in situations where the party responsible was involved in dangerous behavior and that led to the death of the victim. However, claims for punitive damages are rarely successful in the state of New York.
If you believe that you have grounds for recovering punitive damages, it is best to get in touch with the experienced Clarkstown wrongful death lawyer at Cellino Law to determine your legal options and the potential worth of your case.
How Is Negligence Proved in a Wrongful Death Case?
One of the most complex things about a wrongful death claim is that these are extremely difficult to prove. One of the most important elements that need to be proven is that the deceased would not have lost their life but for the negligent or wrongful act of the defendant. Some of the examples of wrongful or neglectful acts include medical malpractice, drunk driving, manufacturing of a defective product, and more.
Proving negligence in a wrongful death case will vary from case to case but it is necessary to prove these things in most cases:
- The defendant acted in a negligent manner.
- The wrongful or negligent actions of the defendant led to the death of the victim.
- There are surviving relatives such as children or a spouse and the surviving relatives have suffered financial damages due to the death of the victim.
How Do You Start a Wrongful Death Claim in New York?
In order to start a wrongful death claim in New York, you need to get in touch with experienced wrongful death claim attorneys at Cellino Law to know more about your legal options and whether you have a case.
We will listen to your case and help you understand your legal options as well as the potential value of your case and how to navigate the complicated legal process. The statute of limitations applies in such cases. The claim should be filed within two years.
What Is the Difference Between a Wrongful Death Claim and an Estate Claim?
When a person dies due to the negligent or wrongful actions of others, the New York law allows the administrator or executor of the estate of the deceased to file a wrongful death claim against the party responsible. In wrongful death cases, damages are not awarded for pain and suffering.
Sometimes, the person who has been in a catastrophic accident survives initially but dies from injuries at a later date before filing for any losses or damages. In such cases, the New York law allows the estate representatives to file a survival action case. This case is brought in the name of the deceased and in such cases, the recoverable damages include personal losses such as pain and suffering experienced by the victim between the time of the incident and the time of death.
Get in touch with experienced attorneys at Cellino Law to know more about survival action and wrongful death claims.
Contact an Experienced Clarkstown Wrongful Death Lawyer
Here at Cellino Law, we understand how difficult it is to deal with the aftermath of an unexpected and untimely death. While no amount of money is going to bring back your loved one but the party responsible for their death must be held accountable. You should not suffer financial hardships due to losing your loved one as a result of the negligent actions of others.
The attorneys at Cellino Law have extensive experience in handling wrongful death cases. We have helped many clients recover the compensation they deserve. We will fight for your rights and help you recover the maximum possible compensation. We can help you determine whether you have a potential case.
Give us a call at (800) 555-5555 to schedule a completely free consultation and to know more about your legal options.
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