Death is a fact of life; however, when a loved one dies as a result of another party’s carelessness or unlawful action, these incidents are considered wrongful deaths. As a result, the family members of the deceased individual may be entitled to compensation. Keep reading to learn about the different laws surrounding wrongful death cases as well as what steps you can take to ensure your family’s rights are protected.
Understanding Wrongful Death Cases
Wrongful deaths occur because of another individual’s negligence. For example, if an intoxicated driver operates a motor vehicle and kills another individual, they may be liable in a wrongful death suit. Other wrongful death cases involve doctors and patients, building owners and residents, store proprietors and customers, and even homeowners and visitors. Additionally, this type of claim may involve companies and manufacturers who provide customers with products that are dangerous or defective.
It’s important to note that not all cases qualify for wrongful death damages. Moreover, only certain parties can file a wrongful death lawsuit. For example, in New York, these claims must be filed by the designated personal representative of the victim’s estate. However, the following groups are usually eligible for compensation: the deceased’s children, the deceased’s parents, and the deceased’s spouse. In some cases, siblings and cousins may also qualify for damages.
Just because you qualify for wrongful death compensation doesn’t mean you have the proof needed to verify your claim. To prove wrongful death, claimants must be able to demonstrate a number of facts including:
- That the victim died
- That the victim’s death was due to the defendant’s negligent behavior
- That the estate and/or beneficiaries suffered damage as a result of the wrongful death
It’s worth noting that wrongful death suits have to be filed within a certain amount of time, which can vary based on different factors. Cases submitted after the statute of limitations is up are unlikely to receive their day in court. A knowledgeable wrongful death attorney is the best person to answer questions about your case and ensure you receive the compensation you and your loved ones deserve.
Compensation for Wrongful Death Suits
Anyone who’s lost a loved one knows that it can have a profound effect on daily life. With that in mind, families of the deceased may be entitled to a range of damages. In the state of New York, families can receive compensation for the following:
- Medical expenses
- Pain and suffering between the time of the accident and the time of death
- Funeral costs
- Loss of earnings, financial support, and care
- Punitive damages
Claimants should be aware of the fact that damages recovered by the estate’s personal representative may be held in a trust for all family members who are included in the case.
Trust Us to Handle Your Wrongful Death Claim
At the Law Office of Peter Briskin, we strive to handle wrongful death cases in the most expedient and compassionate manner. We understand that nothing can make up for the loss of a loved one. Our goal is to secure the compensation needed to protect your future while providing peace of mind to those left behind. To learn more about our services or schedule a consultation, call today or contact us online.