Wrongful Death Attorney - K L Sanchez Law Office - Wrongful Death Lawyers
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 New York Wrongful Death Lawsuit?
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 in 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 personal injury lawyer to understand your rights and handle wrongful death claims in your particular situation.
For a free consultation with Keetick Sanchez, call now (646) 701-7990
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Do I Have Grounds to Pursue a Wrongful Death Claim?
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.
For a free consultation with Keetick Sanchez, call (646) 701-7990
How a Wrongful Death 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 requires 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.
Who Can Receive Money From a Wrongful Death Settlement?
A New York wrongful death lawsuit may be filed by the victim’s spouse, children, or parents. Other family members of victims may also file a lawsuit in certain cases if they are named as representatives of the estate.
The economic losses that result from the fatal accident will determine the amount of compensation awarded in the wrongful death suit. These details will be included in the settlement documents. The spouse and children are usually the beneficiaries of wrongful death awards. However, this may not always be true depending on the financial support they received at the time.
In a survivorship case, damages for conscious pain and suffering or fear about impending death are awarded to the estate of the victim. The Will determines how the estate is distributed. The estate is distributed according to New York’s intestate law if the victim dies without a will. It goes as follows:
- A spouse who dies without children leaves an estate to their spouse.
- If a spouse and children receive $50,000, half of that goes to the spouse. The other half goes equally to the children.
- If there are no children, the estate will be divided equally between the children and the spouse.
- For parents with no children or spouse, the estate is left to the parents
- Siblings with no parents, spouse, children, or siblings, the siblings will split the estate equally
If your wrongful-death lawsuit is decided by a jury, instead of being settled out of court, the jury will determine how damages are divided.
What is The Pecuniary Loss Statute in New York?
The New York Estates Powers and Trust Laws (EPTL) govern wrongful death cases in New York. EPTL Section 5-4.1 entitled “Action by the personal representative for the wrongful act, neglect or default causing the death of a decedent,” allows the legal representative of an estate to file a wrongful death action. EPTL Section 5-4.3 entitled “Amount to be recovered” governs the right to claim damages for wrongful deaths. This statute is also known as a “pecuniary-loss statute”. The legal representative of the deceased must prove that there was a pecuniary loss. This includes the loss of support for the next of kin due to the decedent losing their earnings. A claim can be made by the decedent’s legal representative for economic losses suffered as a result of the death of their spouse or dependent children. Economic loss does not only include loss of earnings. You may also be entitled to claim loss of services to your spouse and parental care and guidance for your children. If a child dies, the parents can be sued for the loss of their services. The statute is a pecuniary-loss statute. It is important that the attorney understands the restrictions of the Statute. He or she must also prepare the case to show all economic losses. This will ensure maximum recovery. Because every case of wrongful death has its own set of losses, such as lost wages, care costs, pain and suffering, as well as the cost of care, we retain expert economists and financial analysts.
Hiring An Experienced Wrongful Death Attorney to Handle Wrongful Death Claim
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 at (646) 701-7990.