When someone’s death is caused by the negligence, recklessness or intentional wrongdoing of another, that death is typically considered a wrongful death. New York state law allows the legal representative of a deceased person’s estate to file a claim on behalf of family members and other parties.
Claims for wrongful deaths may arise from a number of different incidents and accidents. In White Plains, car crashes are one of the most frequent types of accidents that lead to wrongful death lawsuits. Wrongful deaths may also occur after an accident on a construction site or other work environment, after a slip and fall accident, or as a result of medical malpractice.
Whatever the cause, a White Plains wrongful death lawyer at Tomkiel & Tomkiel should help evaluate your claim. If you decide to move forward, a compassionate personal injury attorney should fight on your behalf to get the maximum compensation you need and deserve.
What is a Wrongful Death?
A wrongful death is a death caused by the negligent or intentional act of another. The wrongful death may not need to occur immediately since many cases involve individuals severely injured by the acts of another, who after a period of time and despite the best efforts of medical professionals, die from their injuries. Personal injury suits could turn into a wrongful death claim.
Wrongful death cases may stem from:
- Traffic accidents
- Slip and fall accidents
- Airplane and boating accidents
- Work mishaps or accidents
- Assaults, fights, or attacks
- Medical malpractice
- Acts by law enforcement officers
- Defective products
Compensation That May Be Awarded
A court may award monetary compensation, which may also be referred to as damages, on behalf of the family of the deceased.
Wrongful death law only specifically mentions damages for certain expenses that may include funeral costs and medical bills. It should be noted that courts could award other damages to provide compensation for future earnings the deceased would have received, loss of parental support, loss of the benefits the family could have received if the death had not occurred, and loss of inheritance. A claim for pain and suffering may also be included.
While each wrongful death case is unique, an experienced wrongful death attorney in White Plains may consult financial analysts to ensure that costs are calculated fully. An attorney should also project losses into the future.
Legal Requirements for a Claim in New York
New York’s wrongful death statutes state that several separate elements must be proven for there to be a valid claim. An individual must die, and that death must have been caused by the negligent or otherwise wrongful conduct of a person or business.
The situation must be one in which the deceased could have pursued a personal injury claim if the death did not occur. The deceased must also be survived by one or more people who have experienced a loss due to the person’s death and there must be monetary damages that could be recovered by the estate.
New York law requires the wrongful death claim to be filed by a duly appointed personal representative. Since the statute of limitations requires the personal representative to file the lawsuit within two years of the death, you should speak to a White Plains wrongful death lawyer to file your claim on time.
A White Plains Wrongful Death Attorney Should Help
A sudden death could place tremendous strain and hardship on a family. Insurance companies and others may try to take advantage of the situation, pushing for a quick settlement that may provide far less than the amount your family deserves and needs to move forward.
A White Plains wrongful death lawyer should help you understand the full value of your claim and help you evaluate any settlement offers. Your attorney may be able to negotiate on your behalf and fight to help you obtain the full amount of compensation to which you are entitled. Schedule a consultation with the professional legal team at Tomkiel & Tomkiel today, so you could focus on your family’s recovery.