When a family loses a loved one the very last thing on their minds is opening a lawsuit. However, if the death was due to the negligent and careless actions of another party the best move is often to file a lawsuit to recover costs for damages they caused. There is also a measure of closure in knowing that those responsible were held liable to the impact they have had on your family. This is where seeking rightful compensation comes in.
Cellino Law Firm has a team of highly experienced New Rochelle wrongful death lawyers waiting to take on your case and help you find support in this time of need. Our years of experience working with bereaved loved ones have taught us a lot about the pain and uncertainty associated with the untimely death of a close relative. Nevertheless, we cannot stress enough the importance of acting swiftly to make your claim as the timeframes for making these claims are short. Contact our New Rochelle injury firm today at 800-555-5555 to begin your claim.
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When Is A Death Considered Wrongful?
When an individual acts negligently or carelessly way the chances of a serious accident are greatly increased. If their actions should result in someone’s death, this is considered to be wrongful death. This is what typically happens in traffic accidents, medical malpractice, and other similar settings.
In such a case the representative of the decedent has the right to file a wrongful death claim against the party or person responsible for the death. The purpose of the claim is to recover damages sustained by the surviving family members because of this death:
The people protected by the wrongful death claim include:
- The parents of a minor child
- The offspring of the decedent
- The spouse or significant other
Proving A Wrongful Death Claim
A wrongful death claim will only be successful if it has established a few important facts about the events leading to the death of a relative. It is essential to the case that you prove the premature death of your relative was caused by the reckless, careless, or otherwise negligent actions of another person or parties. It must be established that these negligent actions directly caused or contributed to the death in question.
In legal terms, reckless behavior can be considered acting in disregard for the risk of harm to others. Negligent behavior is connected to failing to take the necessary precautions that would protect others from harm or acting in a way that any reasonably minded person would in the same situation.
When you choose to have your case represented by the capable wrongful death attorneys at Cellino Law Firm, you will benefit from our extensive experience in establishing these two very important points.
A Duty Is Owned By The Responsible Party
For a closely-knit society to exist the laws of the land state people have an obligation to act responsibly. Those that fail to do so are responsible to make restitution for their actions. In order for our society to run safely, people must refrain from doing or not doing things that can result in others being harmed.
The Legal Duty Was Breached By The Defendant
Evidence and testimonies will be applied to establish that this important duty to act with reasonable care for others was breached by the at-fault party.
Who Can File A Wrongful Death Case In New Rochelle?
According to the laws in New Rochelle, New York, the only person who can make a wrongful death claim in the event of a death is the personal representative of the decedent’s estate. This could be the executor of the estate. The County Surrogate court will appoint the administrator or representative unless there is a will, in which case the named executor will be the representative of the decedent.
In New York, these are the family members that are allowed to file a wrongful death claim.
- Children – biological or adopted
- Dependent Blood relatives
How Much Can Be Recovered In A Wrongful Death Claim?
We fully understand that there is no amount of money that will ever repay the grief and pain caused by the passing of someone we love. But, the financial compensation that is made available by the law will serve to relieve some of the pressure these untimely deaths can place on someone. In New York Wrongful Death Law these damages can fall into two separate categories.
The first is linked to the amount of pain and suffering the victim experienced before they passed away. A forensic expert will be called to provide their testimony after they have examined the evidence extensively. It is never easy to hear the report of the pain and suffering involved with the death of a loved one, but this always ensures that the family is fully compensated for the incident.
The second category of damages is linked to the loss of earning potential that the victim’s family will experience now that their loved one has died. This figure will be calculated by taking a look at the financial records of the person and the costs that the incident is expected to cause in the near future.
- All costs for medical care, treatment, and medication during recovery
- The price charged for the burial and funeral services for the victim
- Childcare or other services provided by the decedent to the family
- Wages that the defendant will no longer provide
- Reduced value of inheritance or assets
- Lost guidance provided to surviving children
There will be two primary factors taken into consideration when the economic damage is tallied. It is especially important to consider how important these are to the wages that will be lost. These are the age of any surviving children and their life expectancy. When a child loses a parent they also lose an important measure of support and care that will allow them to be established for their growth to adulthood.
Unfortunately, the laws of the state of New York are not taken into account in calculating these damages. This is a flaw in the legal system that many are fighting to address, including Cellino Law firm. But, we will nonetheless, fight aggressively and tenaciously to recover the other damages that may have been caused by the untimely death.
Reach Out To The New Rochelle Wrongful Death Lawyers At Cellino Law
Remember that there are timelines and stipulations for these claims to be made and it will be important to make your move in time to gain the best results. Don’t hesitate, call today to arrange a free consultation with our personal injury lawyers in New Rochelle.