Wrongful Death Attorney
In personal injury law, perhaps the most difficult claim is a wrongful death claim. Wrongful death is when someone has died as a result of another’s criminal or negligent behavior. Although a wrongful death claim will never make up for the death of a loved one, it does allow family members to receive compensation for some of their losses.
At K L Sanchez Law, our New York City wrongful death attorneys have dedicated their careers to the legal rights of injured parties and their families. If you are considering filing a wrongful death lawsuit, contact us for a free consultation. We offer compassionate representation at a time when you need it most. To speak with an experienced wrongful death lawyer Keetick Sanchez, call today (646) 701-7990.
Who Can File a Wrongful Death Lawsuit in New York?
In New York State, when a family member suffers a fatal accident due to the negligence of another, a wrongful death lawsuit may be initiated by family members or a personal representative of the estate. Under New York law, a wrongful death claim can be brought if a loved one’s death was wrongfully or negligently caused by
- Intentional actions or criminal acts
- Medical malpractice
- Motor vehicle Accidents
- Defective products
However, not all family members are eligible to seek damages in a New York wrongful death claim. This ability is usually limited to the deceased party’s spouse, children, or parents. If there is no spouse, children, or parents, a personal representative of the estate or a court-appointed representative may contact a wrongful death lawyer New York.
There may be other circumstances where other legal dependents or family members may pursue a claim. If there is no spouse, children, or parents, a personal representative of the estate or a court-appointed representative may bring forth a wrongful death suit on behalf of other family members. It’s important to get the advice of an experienced wrongful death attorney to understand your rights in your particular situation, all now (646) 701-7990.
What Our Clients Say
Do I Have Grounds to Pursue a Wrongful Death Case
Wrongful death is similar to a personal injury claim, except that the family members are filing it in the name of the estate. Consequently, just like a personal injury claim, your New York wrongful death lawyer must prove a case of negligence against the defendant. In legal terms, negligence is behavior without the same standard of care that a reasonable person would have exercised under the same circumstances.
If negligence can be proven, you may be able to file a wrongful death lawsuit to seek compensation for damages such as
- The pain and suffering that your loved one endured pre-death
- Any medical costs that your loved one incurred because of the incident
- Any funeral, burial, or cremation costs
- Loss of your loved one’s income
- The value of what your loved one provided in services such as childcare
- Loss of the care, guidance, and nurturing that your loved one provided
- Loss of love and companionship
- Loss of consortium
If you’ve lost a loved family member but are not sure if you are entitled to pursue a claim, we are here to help. Call to speak with one of our New York wrongful death attorneys today. We offer a comprehensive free consultation to anybody who believes they may have wrongful death cases.
How A Lawyer Establishes Fault In a Wrongful Death Case
Proof of negligence is broken down into specific steps. In these steps, your attorney will have to prove that:
- The defendant had a duty of care toward the deceased. For instance, In the case of a car accident, the defendant owed a duty of care to drive safely. Or in the case of medical malpractice, the doctor had a duty of care to properly diagnose, treat, or warn the patient of issues.
- The duty of care was breached.
- The breach caused the death of the deceased.
- There are costs or other damages that can be compensated for.
Should You Seek Compensation For the Wrongful Death Of A Loved One?
When it comes to wrongful death, there are benefits and drawbacks in bringing forth a lawsuit.
- You will be able to hold the person who was responsible for the death of your loved one accountable.
- Wrongful death compensation will offset real economic costs that are still outstanding such as medical and funeral costs.
- Wrongful death compensation will offset some of the financial loss you may be suffering due to the deceased’s lost income.
- Wrongful death compensation may offset the pain and suffering that your loved one endured.
- Wrongful death compensation may also offset some of your own emotional loss.
The unfortunate drawbacks to filing a wrongful death lawsuit can be:
- Having to discuss emotionally difficult issues surrounding the accident and death of your loved one.
- The feeling that you are putting an economic price tag on your loved one’s life.
It’s important to keep in mind that a wrongful death case is not meant to make up for your grief. Although it is a very emotional time for the family, it is also often a financially difficult time. A wrongful death claim is meant to provide a financial means to offset economic and non-economic damages that your loved one would have been able to claim had he or she survived.
If you are considering a New York wrongful death claim, you should get the guidance of a skilled attorney to understand what wrongful death cases are designed for and how they can benefit your particular set of circumstances.
Determining losses and damages in a wrongful death claim can be complex. Some damages are easily quantifiable and others will require extensive research and analysis. Quantifying damages like future income, household services, and loss of love and comfort require a skilled New York City wrongful death lawyer to consider many different aspects such as life expectancy, career advancement, inflation, and other factors. Call to speak with a New York wrongful death lawyer today (646) 701-7990.
Hiring A Great Wrongful Death Attorney in Queens, New York
Although nothing can alleviate the pain of losing a loved one, compensation does help alleviate some of the emotional and financial stress if their death was caused by the negligence of another party. If you have lost a loved one due to the wrongful conduct and negligent behavior of another, you deserve to be compensated for that loss.
Deciding on whether to file a wrongful death claim in New York City is a highly personal decision, but at K L Sanchez Law, our skilled personal injury lawyers can provide you with information and options about a wrongful death case so you can make an educated decision. It’s important to get the advice and counsel of a skilled New York wrongful death attorney as soon as possible after the death of a loved one to meet the two-year statute of limitations.
When you have suffered the devastating loss of a family member in New York City due to the negligence of another party, you should contact the law firm of K L Sanchez Law to understand your rights to file a wrongful death lawsuit. We are dedicated to helping the families of accident victims recover compensation after the death of a loved one in order to move on from their tragic loss. Contact us for a free consultation (646) 701-7990.