When any New York family loses a loved one, the last thing that hits their mind is going into litigation. However, circumstances are different and if another entity’s negligence led to the death of this individual, it might be prudent to file a lawsuit. In other cases, the best way to heal from the loss of a loved one is by holding the negligent party responsible through a lawsuit. This way, someone will be required to pay for compensation.
Here at Cellino Law, we have dedicated White Plains wrongful death lawyers who will assist if you lose a loved one. They are seasoned and know the right procedures to take. It is important to move fast since the time limits for filing a wrongful death lawsuit is shorter than most other cases. Our injury lawyers in White Plains are cognizant of this and will ensure that everything is done in the required time frame.
When as a Death Regarded as Wrongful?
When someone acts irresponsibly and causes death, it can easily go down as a wrongful one. This often happens as a result of accidents, abuse or neglect of duty, malpractice in a medical setting, or an accident on a construction site.
The person representing the late has a right to file a wrongful death case against the entity that caused the death. The target of such cases is to recoup the damages for the loved ones. The people who stand to benefit from such proceedings are:
- Spouses
- Children
- Parents of a minor
How Can You Prove a Wrongful Death Claim?
For you to be successful in a wrongful death lawsuit, it is important to ascertain that your loved one died in an unprecedented manner resulting from the recklessness of the party to be held liable. That neglect and irresponsible act must be clear as the leading cause of death either directly or indirectly.
Negligent behavior is defined as a disregard of a conscious manner of the risk of causing harm to others. Reckless behavior on the other side, states that the person to be held liable did not handle a situation or act in a manner that any reasonable person might be required to do in the said circumstances.
To set up a case, you need to prove two things. Once you enlist Cellino Law to represent you, they will quickly prove the following
The Responsible Party Owes a Duty of Care
Everyone has a duty to act responsibly in any circumstance. The repercussions of their acts are owned by an individual. For you to ensure that other people are safe, the responsible entity is expected to avoid any actions that might hurt others under all circumstances.
The Legal Duty Was Not Upheld by the Defendant
The plaintiff should present sufficient evidence to prove that the defendant did not act in a reasonable and prudent way or that their actions were careless, negligent, and irresponsible for one to show that the case was of wrongful death.
Who Can File a White Plains Wrongful Death Lawsuit?
The only individual who is allowed to file a wrongful death claim according to the laws in White Plains, NY, is the decedent’s estate’s personal representative. That rep could be the administrator of the estate or the executor. They are appointed by the County Surrogate’s Court. When the will is presented, the listed executor is given the mantle. In a scenario where the executor is not pointed, the judge of the Surrogate’s Court appoints an Administrator.
According to the New York laws, members of the deceased family who are allowed to file a wrongful death lawsuit include;
- Partners
- Biological or adopted children
- Parents
- Blood relatives who depended on the deceased
How Much Can be Recouped in a Wrongful Death Claim?
When someone you love passes one, you cannot slap a certain amount of money that will relieve you of the grief fully. This is a reason why most of the financial implications of any wrongful death are heavily taken into play by the State of New York. In wrongful death cases, the awarded compensation can be grouped into two. The initial one is directly connected to the agony and pain the deceased went through before they passed on.
This is determined by a qualified pathologist after conducting a comprehensive analysis of the body. While gathering the specific details surrounding the occurrences around death is a hard thing for any survivors, it is vital as it helps to determine the right amount of compensation to be awarded to the family.
The other type of compensation is connected to the potential earnings of the deceased and their approximated contribution to the family or an individual’s survival after the wrongful death. The financial loss is analyzed by checking the financial records to ascertain the amount of money that is going to be lost as a result of death. Many types of damages can be claimed after a wrongful death. For instance:
- The amount of money used to cater for medical costs of the deceased before they died
- The cost of the burial or cremation of the victim
- All the services that the deceased used to offer the family such as childcare, health policies and other services
- The amount of earned money that the defendant won’t provide the family anymore
- A reduction in the value of the assets possessed by the deceased
- Missing guidance that would have been given to the children by the deceased
Two essential factors come into the picture when calculating economic damages. These are particularly vital when looking at the lost wages. They are the age of the deceased when they passed on and their anticipated life expectancy. When a young kid loses their parents, they lose the support of several years of income that would have taken care of them until they became adults.
The sad part is that in the state of New York, the remaining family member’s emotional suffering does not count when assessing the damages and determining the amount to be compensated. This statute does not cater to the emotions and it is so unfortunate. As experienced lawyers in the wrongful death niche, our members are pushing for the laws to change and allow the state of New York to take into account the emotional damages. As of now, all lawsuits are filed to give the survivors as much help as possible.
Contact a White Plains Wrongful Death Lawyer at Cellino Law Today
Understand that there are time limits given to wrongful death suits. The moment a rep chooses to take legal action, it is paramount to move fast so that the limits do not expire and render your case void. These limits are more stringent when the case involves the authorities. The courts do not issue exceptions to the law of limitations and it is essential that survivors move fast. To get your claim started contact our White Plains injury firm.