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New York Personal Injury Attorneys

Damages for Wrongful Death in New York

March 9, 2021 in

There is nothing harder than losing a loved one, especially if their death was avoidable and occured due to someone’s negligent behavior. The attorneys at Sullivan Papain Block McGrath Coffinas & Cannavo P.C. are here to tell you that there are legal avenues you can take to pursue compensation for your loss. While monetary compensation could never be a replacement for the one you love, it can help alleviate some of the financial burdens that accompany a loss. Here, the wrongful death lawyers at Sullivan Papain Block McGrath Coffinas & Cannavo P.C. provide a detailed overview of wrongful death claims and who is eligible to file one.

 

What is a Wrongful Death Claim?

 

A wrongful death can be filed by the loved one of an individual who may have died due to someone else’s negligence or reckless behavior. A wrongful death suit claims that the person or entity accused of causing the victim’s death may be held liable. A wrongful death claim is also a civil action, meaning that it is a noncriminal lawsuit brought on by the deceased’s family or estate representatives. 

 

In What Scenarios Can Wrongful Death Claims Be Filed?

 

While not common, wrongful death cases do happen and there are a handful of scenarios in which the victim’s family or estate could have a viable case against the defendant in question. In a more severe case where the victim was intentionally killed, a civil suit could be brought against the perpetrator. If the victim had died as a result of preventable complications from a medical procedure, or the general negligence of their medical care provider, these scenarios could warrant a civil suit to be brought against the doctor. 

 

Another scenario in which a wrongful death claim could be filed would be a fatal car accident. Though car accident fatalities are almost never committed on purpose, a wrongful death claim may be brought against the driver who caused the accident and whose negligence on the road led to the victim’s death.

 

Who Can File a Wrongful Death Claim?

 

Like previously mentioned, victims of wrongful death can be represented by their surviving family members or representatives of their estate in civil court. While there are ordinances in place for regulating who can bring about a wrongful death claim across state lines, all states allow the spouse of a deceased victim to file a wrongful death claim on their behalf. In addition, parents of children under 18 who are victims of wrongful death may file a suit as well. 

 

In a wrongful death claim, the plaintiff must prove that, in the instance that lead to the victim’s death, the defendant had acted carelessly or negligently, and breached their duty of care, and this breach subsequently led to the victim’s death. A skilled wrongful death lawyer can represent you in this matter to ensure each crucial detail of the case is collected, evaluated and brought before the court.

 

What Types of Damages Can Be Accrued?

 

Those who represent the deceased victim in court may file a wrongful death claim for a multitude of reasons. They may desire to make a survival claim on behalf of the deceased, which honors compensation for the pain and suffering the victim suffered before their death. In addition, those representing the victim may need to collect damages to cover expensive medical, funeral and burial costs, as well as a loss of income if they were reliant on the deceased’s wages for financial support. These reasons, and many others, are all viable claims to pursue in a civil courtroom.

 

File a Wrongful Death Claim with the New York Lawyers at Sullivan Papain Block McGrath Coffinas & Cannavo P.C.

 

There is nothing more painful than losing someone you love. It can be especially difficult when the death was sudden, accidental or preventable. The attorneys at Sullivan Papain Block McGrath Coffinas & Cannavo P.C. hear you and sympathize with you if you lost a loved one due to someone else’s carelessness. We represent wrongful death victims and their families in the states of New York and New Jersey—we can provide you skillful, thorough and experienced legal counsel to ensure the best possible outcome. Please contact our firm today if you wish to bring a wrongful death claim against a negligent individual or entity: Call (212) 732-9000 or fill out a form here: https://www.triallaw1.com/contact/.

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