Losing a loved one or family member is always painful. But when the person’s death was preventable and the result of another person’s negligent behavior, the death can be even more emotionally traumatic.
If you lost a loved one because of another person’s negligence, you may be able to file a lawsuit to recover damages like medical bills, funeral expenses, the deceased’s lost wages and more. Get help from our wrongful death attorneys to file a claim for compensation.
What is a wrongful death suit?
It is a type of lawsuit filed in civil court. The suit is filed when the death is attributable to the actions or negligence of another person. You may be able to file a suit if the death is the result of a construction or workplace accident, defective product, medical malpractice, car accident or other event.
The family bringing the suit must prove that the death would not have occurred but for the actions of the defendant. This requires establishing the defendant owed the deceased a duty of care, acted negligently, the negligence caused the person’s death, and that the family suffered damages as a result. Our New York wrongful death lawyers help families prove each of these elements through presentation of evidence and legal argument.
Who can file a wrongful death lawsuit?
In New York, the person who is legally entitled to file a wrongful death case is the personal representative of the deceased person. This is often a family member but may be another individual as well.
The personal representative can file the wrongful death case on the behalf of beneficiaries of the deceased, who often include a spouse, children, and/or parents or other dependents.
A personal representative may bring a survival action on behalf of the deceased. This collects damages the deceased suffered after the accident but prior to death. The damages are to the benefit of the estate, which is distributed per the deceased’s will or the laws or New York if there is no will.
Types of Damages Awarded in a Wrongful Death Case
The types and amounts of damages awarded in a wrongful death case vary on a case-by-case basis. A case may yield monetary benefits in the form of funeral expenses, lost inheritance for surviving children, lost wages, lost benefits, the value of support provided by the deceased to family members, and more. A survival action may collect damages related to the deceased’s medical expenses prior to death and even the deceased’s pain and suffering before death.
Talk to Wrongful Death Attorneys at Gacovino & Lake
While nothing can replace a deceased loved one, economic damages can help to ease the burden of financial loss that occurs when a loved one dies. Civil Practice Laws and Rules Article Two sets the statute of limitations for pursuing a wrongful death case at two years from the date of death. Thus, it’s important to start the legal process as soon as possible.
If you’ve experienced the death of a loved one due to someone else’s negligent actions, seek help from our New York wrongful death attorneys today. A wrongful death attorney can help you understand who may be able to recover wrongful death benefits and the amount and type of benefits that may be able to be recovered.
To get started on filing your wrongful death claim today, contact the New York wrongful death lawyers at Gacovino, Lake & Associates P.C. Call us today at 800-550-0000 or use the form on our contact page to set up an appointment to speak with one of our attorneys.