The loss of a loved one isn’t an easy thing to get over. If you’ve experienced the loss of a loved one in New York due to another party’s reckless or negligent acts, the experience can be quite intolerable. It can be traumatizing for bereaved family members and friends.
If you’ve lost your loved one due to the actions or inactions of another party, you require the help of a North Hempstead wrongful death lawyer to protect your rights and pursue the justice you deserve. At Cellino Law, we can help you take the necessary action against the wrongdoer. Legal action can help bring closure after the loss of your loved one. Our experienced legal team can help you get financial compensation from your wrongful death claim.
Cellino Law firm has over 60 years of legal experience in the state of New York. Our wrongful death lawyers treat every client with utmost dedication and respect. We’ll go above and beyond to find out what happened to your loved one. Call us now at (888) 888-8888 for a free case review.
How is Wrongful Death Defined in New York?
Legally, wrongful death is defined as the untimely loss of life caused by another party’s reckless, negligent, or intentional acts. In New York, the following four elements must be satisfied in a wrongful death claim:
- Negligent/reckless acts of another person or entity
- A cause of action the deceased could have opted for in court were they still alive
- Surviving family members could have faced unprecedented financial challenges due to the loss of their loved one
- The decedent’s estate can recover damages from the wrongful death claim
If you believe you have a valid North Hempstead wrongful death claim, please contact Cellino Law immediately. Our competent attorneys will guide you throughout your wrongful death claim.
Who is Qualified to File A Wrongful Death Claim in New York?
In the state of New York, filing a wrongful death claim is the responsibility of the personal representative of the decedent’s estate. This representative’s identity is usually contained within the deceased’s will. The personal representative may also be appointed by the court to file a North Hempstead wrongful death claim on behalf of the:
Compensation is usually held within the trust if the decedent’s personal representative secures a settlement. The funds will ultimately be distributed to beneficiaries and heirs once the claim is settled.
What Types of Damages are Recoverable?
Compensation for wrongful death claims varies from one case to another. You’ll be entitled to compensation if it is determined you have a legit wrongful death claim in North Hempstead, New York. At Cellino Law, our legal team can help you pursue damages, including:
These damages include medical expenses, lost wages, lost earning capacity, funeral expenses, and burial expenses. You may also recover lost inheritance in a North Hempstead wrongful death claim. Life expectancy and the victim’s age play a crucial role in determining these damages.
These are subjective damages that aren’t easily calculable. These include conscious pain and suffering, loss of emotional support, and moral training. Ordinarily, children who’ve lost a parent or both parents get substantial awards.
Can A Surviving Family File For Punitive Damages?
There are certain situations when a North Hempstead wrongful death attorney may consider seeking punitive damages. This compensation is typically awarded in claims involving dangerous behavior that led to the victim’s death. These damages are meant to deter the defendant from repeating similar actions in the future.
How is Negligence Proved in a Wrongful Death Case?
It is the duty of your North Hempstead wrongful death lawyer to prove negligence in your wrongful death claim. There are various things that your lawyer has to prove for a fair settlement to be awarded. They include:
Duty of Care
It is the responsibility of the defendant to act within reasonable care to ensure the plaintiff is safe. Did the defendant exercise their duty of care? The defendant shouldn’t do anything that risks harming the plaintiff. A North Hempstead wrongful death lawyer should prove that the defendant had a duty of care in a wrongful death claim.
Breach of Duty of Care
At Cellino Law, our experienced wrongful death lawyers will prove that the defendant’s actions or inactions caused them to breach their duty of care. For instance, we can prove that the defendant’s action to run a red light was a breach of their duty of care.
A skilled wrongful death attorney in New York needs to link the breach of duty of care to the death of your loved one. At Cellino Law, our experienced legal team has all the resources to make this connection. We will go through medical records, police reports, dashcam footage, and other necessary documents to find out who was directly involved in the demise of your loved one.
Cellino Law will finally prove that your loved one suffered damages due to the defendant’s negligence. In the case of a wrongful death case, actual life loss is adequate proof of damages suffered.
How Do You Start a Wrongful Death Claim in New York?
Remember, every state has a statute of limitations for wrongful death claims. You have two years from the date when your loved one passed on to file a North Hempstead wrongful death claim.
Contact Cellino Law immediately if your loved one has died because of another person’s or entity’s negligent actions. Our experienced lawyers will help you determine whether you have a case. Wrongful death claims in New York range from car accidents, defective products, slips and falls, to medical malpractice.
Our attorneys will conduct independent investigations and gather compelling evidence against the defendant. Cellino Law will then proceed to file your North Hempstead wrongful death claim. We will ensure this is done in accordance with all New York state laws. Remember, the first step is to seek sound legal counsel from an experienced North Hempstead wrongful death attorney at Cellino Law.
File Your Claim With Our North Hempstead Wrongful Death Lawyers
Everyone wants their loved ones to live long and happy lives. Regrettably, this isn’t always the case. It is your right to hold that drunk driver or negligent doctor accountable for the death of your loved one. Cellino Law can help you get the compensation you deserve.
If your loved one has passed on due to the negligent actions or inactions of another party, you may be entitled to seek financial compensation. Cellino Law offers free case reviews for wrongful death claims. You can find out whether you have a case or not.
For more information about your North Hempstead wrongful death claim, call our personal injury lawyers at (888) 888-8888. Cellino Law handles wrongful death claims throughout New York. We are available 24/7!
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