When people in New York lose a loved one, they are typically not considering filing a lawsuit. However, if the death occurred due to the negligent actions of another individual, a lawsuit is typically the right action to take. In many instances, one of the best ways for individuals to find closure is to contact a Flushing wrongful death lawyer. Through filing a wrongful death suit against the negligent party in court, oftentimes much-needed compensation will become available to the family.
Cellino Law has a team of personal injury lawyers who are available to help you after the unfortunate death of a loved one. Our lawyers are compassionate and experienced and know exactly how you are feeling. While we understand you are in the grieving process, it is still essential to act quickly because there are multiple deadlines in place for filing a wrongful death suit. We will expedite the entire process for you.
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When Is A Death Considered Wrongful?
When an individual or party acts recklessly or negligent and causes the death of another individual that may be considered a wrongful death. These types of deaths are often associated with malpractice medical settings, construction settings, neglect in a nursing home, or a car or truck accident.
The victim’s estate has the ability and right to file a wrongful death lawsuit against the individuals who were at fault for the death.
Generally speaking, such a suit aims to recover damages for the heir or heirs. In many cases, the most typical people who this process is designed to protect and take care of include:
- Spouses and significant others
- Children of the victim
- Parents of a minor child
How To Prove A Wrongful Death
For an individual to win a wrongful death lawsuit, one must establish the fact that your loved one died in an untimely manner due to the reckless behavior or negligence of the responsible party at hand. The recklessness or neglect must be proven to be the direct cause of death either directly or through contribution.
Reckless behavior is generally defined as the overall disregard on a conscious level to risk the lives of others. Negligent behavior is where an individual disregards an issue or acts in a manner that is not reasonable due to the specific situation or circumstances.
To build a solid case, two things must happen. When you hire Cellino Law, they will work diligently to prove the following:
A Specific Duty Is Owned By The Responsible Party
People are expected to act responsibly throughout their actions. The consequences of an individual’s actions are owned by another individual. To keep people safe, responsible parties are expected to legally refrain from any action or act that may cause harm to other individuals.
Legal Duty Breach By Defendant
Specific evidence needs to be presented to show the defendant failed to act responsibly or that their particular actions were reckless, careless, or negligent to prove the wrongful death of another individual.
Who Is Eligible to File a Wrongful Death Case?
The only individual who will be authorized to file a wrongful death claim in New York state is the decedent’s personal representative of the estate. This representative may be an administrator or executor of the state. The representative will be appointed by the County Surrogate’s Court. If they are available, the named executor is offered the responsibility. If an executor is not noted, the judge from the Surrogate’s Court will name an administrator.
In the state of New York, the following family members may file a wrongful death:
- Biological or adopted children
- Blood relatives who were dependent upon the victim
How Much May Be Recovered Through A Wrongful Death Claim?
When we lose a loved one, no amount of financial support will take away the hurt and grief. This is precisely the reason the economic impact of a death is generally taken into consideration by the state of New York. In a wrongful death lawsuit, damages are awarded into two primary categories. The first is linked directly to the pain and suffering the victim may have experienced before death. Generally, a forensic pathologist will testify to this degree after completing an extensive analysis. While it is very difficult for a family to have to hear the amount of pain a loved one endured, this is an essential part of the process to ensure proper compensation.
The second form of damage is directly related to the overall earnings potential of the victim as well as their expected contribution to the family following a wrongful death. The loss of finances will be evaluated for the research of financial records to help determine exactly how much money will be lost due to the death of a loved one. Additionally, there are a wide variety of damages that may be filed for after the death of a loved such as:
- Essential medical care to the deceased following an accident.
- The cost of funeral expenses including burial and cremation of the victim.
- Services such as healthcare policies and childcare that were funded by the victim.
- Lost or unearned wages that the victim will no longer be able to provide
- Reduction of assets or inheritance through the deceased.
- The loss of parental guidance to children due to a parent’s death.
Two primary factors will be taken into consideration while economic damages are being calculated. These are particularly important when dealing with lost wages. These include the victim’s age at the time of death as well as their overall life expectancy. When a young child loses their parents suddenly, they will also lose years of wages that would help them into adulthood.
Unfortunately, in the state of New York, emotional pain and suffering of the family will not be taken into account and all damages are being assessed. This is truly an unfortunate part of the law and one that lacks compassion. Our offices have been diligent in fighting this and trying to make a change that New York law begins to recognize emotional damage as well. Until there is a change in that regard a lawsuit is one of the most proper ways to get help.
Call Cellino Law If There Has Been A Wrongful Death In Your Family
Always remember that there are specific time limitations that are attached to wrongful death cases. Once you decide to pursue legal action, you must act quickly to ensure that the time limits do not expire. When these types of cases involve public authorities, the limitations are always much shorter. Courts will not extend a statute of limitations, therefore survivors must act in a quick and timely manner. Don’t wait to contact a Flushing wrongful death lawyer at Cellino Law.