Wrongful Death Accidents
Compassionate Legal Advocacy for Families Seeking Justice and Closure
Seeking Justice for Wrongful Death
Holding Negligent Parties Accountable and Securing Compensation for Your Loss
Losing a loved one due to the negligence or wrongdoing of another person is a devastating experience. In addition to the emotional toll, there may also be financial burdens associated with medical bills, funeral expenses, and lost income. Fortunately, the law provides a way for the family members of the deceased to seek compensation through a wrongful death claim.
A wrongful death claim is a civil lawsuit filed by the surviving family members of a person who has died as a result of someone else’s negligent or intentional actions. The purpose of the claim is to hold the responsible party accountable and to provide financial compensation to the family for their losses.
If you have lost a loved one due to the negligence or wrongdoing of another person, contact us today to discuss your legal options and take the first step towards seeking justice and closure.
Wrongful Death Claims in New York: Protecting Your Rights and Seeking Justice
In New York, the statute of limitations for filing a wrongful death claim is two years from the date of the person’s death. It is important to act quickly and consult with an experienced personal injury attorney to ensure that your claim is filed within the deadline.
Under New York law, the personal representative of the deceased person’s estate is the only person who can file a wrongful death claim. The personal representative may be named in the person’s will, or the court may appoint one if there is no will or if the named representative is unable or unwilling to serve.
The damages that may be awarded in a wrongful death claim in New York include:
- Medical and funeral expenses
- Loss of income and future earning capacity
- Loss of companionship, guidance, and support
- Pain and suffering of the deceased person prior to death
It is important to note that the damages awarded in a wrongful death claim are meant to compensate the family members for their losses, rather than punish the responsible party. In New York, punitive damages are not available in wrongful death cases.
If you have lost a loved one due to the negligence or wrongdoing of another person, don’t wait to take action. Remember, time is limited, so don’t delay in pursuing your wrongful death claim.
Proving Negligence in a Wrongful Death
In order to successfully pursue a wrongful death claim, the plaintiff must prove that the defendant was negligent and that the negligence caused the person’s death. This typically requires showing that:
1. The defendant had a duty of care to the deceased person.
2. The defendant breached that duty of care through their actions or inaction.
3. The breach of duty caused the person’s death.
4. The family members suffered damages as a result of the death.
Examples of situations that may give rise to a wrongful death claim include car accidents caused by drunk driving, medical malpractice, and workplace accidents caused by safety violations.
If you have lost a loved one due to someone else’s negligence or intentional actions, it is important to consult with an experienced personal injury attorney who can help you understand your legal options and pursue the compensation you deserve.
Contact BRUNO SERPICO today to schedule a free consultation and learn more about your rights and options.