If you are in New York, and you have recently lost someone that you love, you are probably not contemplating filing any type of lawsuit. It is possible, however, that someone has made bad decisions, or was negligent, which led to the death of your loved one which means you have the right to file. Finding closure may begin by holding that person responsible for the wrongful death of the person you have just lost. Once you start this process, you can certainly get compensation.
The experienced Syracuse wrongful death lawyers at Cellino Law can help you if you have a loved one that has passed on due to the negligence of another person. We are experienced and understand how difficult this process can be. We want to act quickly, adhering to any stated guidelines, and we understand that the filing time for wrongful death lawsuits is much shorter than others. Our Syracuse personal injury lawyers will expedite this process for you.
Table of Contents
What Exactly Is A Wrongful Death Legally?
When a person causes the death of another person through reckless or negligent behavior, it is then determined that this would be a wrongful one. This can happen in many situations including during a medical procedure, driving down the road, or it may happen as a result of neglect within the context of a nursing home.
The decedent’s estate will always have some type of representative that can file a wrongful death lawsuit against these individuals.
The general premise is to recover damages that would have otherwise gone to the heirs of the estate. The people that may fall under this category may include:
- The offspring of the decedent
- The parents of minor children
- The spouse or significant other of the person that is no longer here
How To Prove A Wrongful Death Claim
Winning a wrongful death lawsuit requires you to establish that the untimely death of the loved one was the result of negligence or recklessness on the part of the person that is responsible. This must be proven in court, clearly showing that directly or indirectly, this individual’s reckless or negligent behavior contributed to their death.
When defining reckless behavior, this simply means that the individual in question made conscious choices that would have led to the harm of others. When discussing negligent behavior, this will require proving that the individual failed to act in an appropriate manner, given the circumstances, that have ultimately led to the loved one’s death.
If you want to build a case like this, two things must be proven conclusively. Cellino Law will prove the following for you if you decide to allow them to represent you.
The Responsible Individual Had a Duty of Care
People have a duty to act in a responsible manner. If their actions directly cause harm to someone else they can be held liable for the costs associated with the injuries suffered.
The Legal Duty Was Breached By The Defendant
Prudent actions done in a reasonable way must be shown to have not occurred because the defendant acted in a careless or reckless way, or even negligent way, and this must be shown conclusively in order to prove that they were to blame.
People That Can File Buffalo Wrongful Death Lawsuits
In Syracuse, NY, only the personal representatives that are appointed to manage the decedent’s estate are fully authorized to file these types of claims. Representatives could be the administrator or executor of the estate. The county Surrogate’s Court will have appointed this individual. These people are often listed in the will. If the executive is not in the will, then the Surrogate’s Court will name the administrator or a judge can perform the same task.
Family members in New York may file a wrongful death case and these people include:
- Biological or adopted children
- Blood relatives of those that were dependent upon the decedent
How Much Can Be Obtained Through A Wrongful Death Claim?
Money will not remove the grief that people are feeling when someone they love dies. This is the reason that economic impact and the financial earnings of their death are considered by the state of New York. When looking at wrongful death lawsuits, the damages that are awarded will fall into two categories. The very first one is about the pain-and-suffering that the victim may have experienced when passing. To show this, forensic pathologists are brought in to testify for this information. They will explain how the loved one was in pain or was suffering, and although this may be difficult for the survivors, it is necessary to get properly compensated.
The second type of damages is related to what their potential earnings would have been and how they would’ve shared that money with individuals or family members prior to the wrongful death. Financial records are often looked at in order to determine what the amount of money would have been. There are several types of damages that can be filed which will include:
- The cost or price of the funeral or cremation of the victim
- Lost or unearned wages that the decedent can no longer provide
- The loss of guidance which would have been provided to the children if a parent has been lost.
- The cost of medical care for the deceased that was required because of the accident
- Healthcare policies, childcare, and other services that needed to be provided for the family
- The overall reduced value of the inheritance or assets of the deceased
Both of these factors are going to be considered when calculations are made. This is very important, especially when looking at lost wages. The age of the victim at the time of death and the remainder of their life will also be factored in. If there are young children involved, and they have lost their parents or parents, the amount of their wages will also be factored into the final amount.
Surviving family members are going to suffer, but this is not taken into account in New York State when assessing damages. There is a lack of compassion in the law and this is certainly unfortunate.
Contact A Syracuse Wrongful Death Lawyer Today
Remember that there are time limitations associated with wrongful death cases. If you decide to pursue legal action, acting as quickly as possible is imperative. The limitations are shorter when they involve public authorities. Courts do not extend the statute of limitations, so you must act quickly and avoid missing those deadlines. Call our Syracuse injury law firm at (800)555-5555 to get the help you deserve.