When someone is killed due to the negligence or the misconduct of another person, this constitutes wrongful death. While there may be some form of criminal prosecution in relation to the death, a Hamburg wrongful death lawyer can help you file a civil suit or action that will be conducted separately from the criminal prosecution proceedings. If you feel that you have a case for a wrongful death lawsuit, contact the personal injury lawyers at Cellino Law at (888) 888-8888 and let us help you to determine if you have a case.
How is Wrongful Death Defined in New York?
Wrongful death is defined as a death that is caused by negligence or action (misconduct) of another person that led to the death of someone. Even if there is a criminal trial going on for the wrongful death, you can still file a civil wrongful death lawsuit against the person or entity that is to blame for the wrongful death.
Who is Qualified to File A Wrongful Death Claim in New York?
Typically, in the State of New York, a brother, a sister, or any other descendant of the deceased may bring a wrongful death lawsuit to court. If, however, the person has been named as a guardian or the personal representative of the decedent and the person has a surviving spouse, parent, or child, then the guardian or personal representative may not be able to file the wrongful death lawsuit.
What Types of Damages are Recoverable?
In a wrongful death lawsuit, the damages that can be considered to be recoverable include medical costs (economic damages), the cost of a funeral, loss of income for dependents, compensation for grief, and for loss of companionship. Depending on the situation this may include other costs as well.
Can The Surviving Family File For Punitive Damages?
Dependent upon the particular circumstances of the wrongful death, the courts can award punitive damages to surviving family members. These punitive damages may be awarded where defendants were engaged in reckless or other egregious kinds of misconduct that resulted in the person’s death.
How is Negligence Proven in a New York Wrongful Death Case?
In most states, this is how negligence is proven:
Duty
Plaintiff will have to show the courts how the defendant owed the decedent in any particular situation. Evidence must be presented that verifies the situation at hand.
Breach
The plaintiff will have to demonstrate how the duty of care was breached or violated. It may be via a particular action or failure to act when others in the same or similar situation would have acted more appropriately. Your attorney will assist you in preparing this information and the attorney will present the information to the courts during the hearing.
Damage
The defendant’s breach of their duty resulted in wrongful death.
Causation
It must be proven by the plaintiff that the cause of the death was the result of the defendant’s actions or inactions. It must also be proven that there was no other cause of death or that there weren’t any extenuating circumstances.
How Do You File a Wrongful Death Claim in New York?
If you believe a loved one or someone you know is the victim of wrongful death in the State of New York. Give Cellino Law a call at (888) 888-8888 and find out what the next steps are that you should take. It’s important to know that you’ll have two years from the time of the person’s death in which to file your wrongful death lawsuit.
After that point in time, the statute of limitations will be out and you won’t be able to file your wrongful death lawsuit. It’s important to discuss your options with an attorney as soon as possible after the person’s death to ensure that you still remember all of the details. It’s also wise to do this before witnesses forget the details of the situation as well. Keep copies of all information in regards to the death to share with your attorney.
What is the Difference Between a Wrongful Death Claim and an Estate Claim?
In the State of New York, there are two main differences between a wrongful death lawsuit, and a survival lawsuit or an estate claim. To keep it simple and to the point, a wrongful death law allows for the estate of the person who is wrongfully dead to be awarded to their beneficiaries. The survival law will allow for the estate to be awarded the appropriate damages that would be given should the deceased person be able to recover from the injury or condition wherein they died.
Reach Out To Our Hamburg Wrongful Death Lawyers Today
If you believe that someone you know or love is the victim of wrongful death, contact our firm today and let us help you to determine if your friend or loved one is the victim of wrongful death. We’ll represent you in court and help you to navigate the waters of the court system. We understand that this is a very painful time for you and we want to help you to be fairly compensated for your loss.
Remember that you have only two years from the time of the death to file your claim of wrongful death. After two years of time, the statute of limitations will run out and you won’t be able to file your claim. Wrongful death happens when the negligence or misconduct of another person causes someone to die. There are specific details that the courts will review to determine if a wrongful death has occurred.
A criminal case for wrongful death may also be done. These are two separate proceedings so even if there is a criminal case going or a wrongful death, remember that you can still file a civil wrongful death lawsuit and continue on with the proceedings. You deserve to be compensated should someone you know or love be the victim of wrongful death. Give us a call today at (888) 888-8888 and let us help you to file your case before the statute of limitations runs out on your case.