Get a Wrongful Death Claim in New York
Seek a wrongful death claim in New York and let the person or party responsible for the accident that caused the untimely death of a loved one be held liable. An accidental death is a traumatic event that will likely stay with you for a long time, and getting entitled to some form of compensation should somehow ease the pain and cover financial losses.
Seek Compensation for Accidental Deaths
While some families may feel that seeking compensation for a wrongful death is pointless because no amount of money can replace their loss, the negligent party should be held accountable for their actions through a wrongful death lawsuit. The aim is to help the bereaved family in covering the expenses of the funeral and the loss of wages resulting from the death of the victim.
In most situations, the one who should file the wrongful death lawsuit is an immediate family member of the deceased. Legal spouses, children, and parents have the legal grounds to file the lawsuit.
Proving Negligence in Wrongful Death Cases
In a criminal case, the accuser must prove that the defendant is guilty beyond a reasonable doubt. In a civil case, the accuser will need to provide a preponderance of evidence. Essentially, this means that a family can win a wrongful death case if they can prove that the defendant more than likely caused the death of their loved one.
Punitive Damages Vs. Monetary Damages
Punitive damages are damages that a court will require the defendant to pay to the plaintiff as a form of punishment. Under New York law, however, a person cannot sue someone for punitive damages unless there is clear evidence of wanton and willful negligence.
Holding the Negligent Party Responsible
A family can sue the party responsible for the death of their loved one to receive compensation, which they can use to cover their financial loss and other expenses. For any wrongful death claim to prosper, speaking with an experienced lawyer is the first and critical step that a family should take.
Proof of Negligence
The evidence used to prove negligence in a wrongful death case can include police reports, records of past disciplinary actions against staff, security footage, witness statements, health records, and other related documentation.
Wrongful Death Damages
In a wrongful death claim, the damages awarded to the plaintiff are often meant to fill two needs: first, compensation to cover the financial impact of the loss on the surviving family; second, compensation to cover the funeral costs and other expenses that stem from the victim’s death. Thus, the surviving family can receive compensation to cover the deceased’s medical bills and salary based on his earning potential. The claim will be particularly beneficial for families with young children and elderly relatives.
However, if the deceased didn’t have any form of income while alive, the family will most likely receive less compensation for their loss.
Dealing with the Loss
While it’s true that a wrongful death settlement will not bring the deceased family member back, it can facilitate the grieving process and make acceptance somehow easier from a financial standpoint. Additionally, having several wrongful death attorneys available can help strengthen a wrongful death claim and make a significant difference in the type of settlement that the concerned parties can agree on.