Filing a Wrongful Death Claim in New York
We cannot turn back the clock to a time when the person about whom you cared — a child, a parent, or a spouse — was still with you. But if their death was caused by the negligent or careless behavior of another, we can help you get the compensation you need — not only the funds to cover bills associ
Differences between Personal Injury and Wrongful DeathWhile a wrongful death falls under the same legal theory of negligence as personal injury, there are distinct differences. In New York, a family member may not file a wrongful death claim. It is up to the executor or personal representative of the deceased to do so on the family's behalf. In most cases, the beneficiaries include the spouse and minor children. If the deceased was not married, then parents and/or siblings may be the recipients of the recovered damages.
Unlike even a catastrophic injury, in a case of wrongful death there is no compensation for future medical expenses or pain and suffering. However, medical treatments up to the time of death, funeral costs and loss of future wages are recoverable. A wrongful death attorney will make sure that all possible avenues of compensation are followed, including survival actions, if there are recoverable damages that would have been owed prior to death.
The lawyer's job is to make sure that you receive all the compensation to which you are entitled. His commitment is to treat you with compassion and respect, and help you understand all your options so you can make the decision with which you are most comfortable.
Whom can I Sue in a Wrongful Death CaseWrongful Death actions typically pursue compensation from parties whose negligence directly caused the death of a loved one.
Common examples are negligent drivers in auto accidents, doctors whose delayed diagnoses caused the unnecessary death of a patient or manufacturers of faulty products that cause death. However, individuals who lose loved ones needlessly through negligence or wrongful acts should consult an experienced wrongful death lawyer to learn the legal options available for their situations.
Families can potentially bring wrongful death actions against any party connected with the death of a loved one. One local example involves the family of one of four victims murdered in a pharmacy robbery. According to the Wall Street Journal, a Long Island judge permitted the family to pursue a wrongful death action against a doctor who allegedly over-prescribed pills for the drug addict criminally convicted for the murders. The judge permitted the wrongful death claim on the grounds that doctors may have a duty to protect the public from the actions of an addict.
Cases like this one illustrate the importance of retaining a wrongful death lawyer with the skills and resources to investigate every detail behind the actions that lead to a wrongful death. A law firm fully dedicated to personal injury cases has the experience needed to recognize all factors -- and a network of investigative professionals who can unravel the maze of circumstances that contributed to the needless death of a loved one.
No amount of money can truly compensate the people left behind when a wrongful act results in the loss of a loved one. During these times, you need a law firm with the sensitivity and compassion to help you through an emotionally-charged period and the dedication to help you pursue the compensation you need to move forward.
It costs nothing to discuss your case with an experienced wrongful death attorney.