New York Wrongful Death Attorney
Under New York law, it is well-established that an accident victim can take legal action against the person or entity that negligently causes an accident. Personal injury or tort lawsuits ensure that people or companies who are negligent and who break the law must pay financially for their actions. Injury lawsuits also ensure that victims of negligence or wrongdoing do not end up suffering uncompensated out-of-pocket losses as a result of what happened to them.
Sometimes, however, the injured victim is killed in an accident. Obviously, the deceased cannot stand up against the person or company that caused his or her death. In these tragic cases, a New York wrongful death attorney should be consulted by surviving family members. A wrongful death lawsuit can allow family members and loved ones of the victim to seek justice for the death and attempt to “make whole” any next of kin.
When Can You Make a Wrongful Death Claim in New York?
Close family members may make a claim for wrongful death any time someone is killed as a direct result of negligence or wrongdoing. Family members can include spouses of the deceased, parents who lost children and children who lost parents. In certain cases, even siblings or other close relatives could bring the wrongful death claim. If the victim would have been able to make an injury claim, had he or she lived, then a wrongful death claim is usually appropriate.
Those who bring a claim for wrongful death will need to be able to prove several different elements of their case. A New York wrongful death lawyer can help surviving family members to show:
That the defendant had a legal obligation to the deceased. People have a general legal obligation not to engage in high-risk behaviors. For example, drivers are expected to be reasonably prudent. Manufacturers also have an obligation to ensure that their products aren’t harmful. Establishing a legal duty usually isn’t hard as long as there was some relationship, however tangential, between the deceased and the defendant.
That the obligation was breached. Usually, a negligence standard is used to determine this. Would a reasonable person have been more careful? If so, the defendant is negligent.
That the breach was a direct cause of the death. If the defendant’s actions led to the death occurring, then you can make a wrongful death claim.
That there is something you can be compensated for. Wrongful death cases allow you to recover money for both economic and non-economic losses.
Family members bringing wrongful death cases have the burden of proving these elements of the case. A wrongful death attorney in New York can help gather the necessary evidence to make a strong claim.
Compensation for Wrongful Death
Wrongful death damages compensate family members for a variety of different losses, including:
Medical bills that were paid out prior to the death
Lost financial support that the deceased was contributing before his death and that the deceased would have continued to provide for his lifetime
Loss of companionship
It can be very difficult to determine an appropriate amount of compensation for wrongful death, but a New York wrongful death attorney will help you assess what your case should be worth. Your attorney will help you maximize compensation by either going to court or negotiating with the defendant or his or her insurer.
Contact a New York Wrongful Death Lawyer
At The Perecman Firm, our New York wrongful death lawyers have extensive experience helping family members who have lost loved ones. We understand the grief you are going through and we will take the burden of fighting for your legal rights off your shoulders so you can focus on healing.
To learn more about how we can help with your case, contact our New York wrongful death law firm today to set up your free, no-obligation consultation.