If a loved one dies because of someone else’s actions, it may be difficult to think about filing a lawsuit. For the sake of your family’s future, however, it may a good idea to talk to a Yonkers wrongful death lawyer as soon as possible.
If the wrongdoing of another caused the death of your loved one, your family may be entitled to compensation to cover expenses resulting from the loss. This could include the future effects you may not have even had time to consider. When you work with an experienced Yonkers wrongful death lawyer, you could let your legal team fight for you while you and your family focus on healing. A Tomkiel & Tomkiel personal attorney may be able to help you hold the responsible party accountable.
Wrongful Death Laws in Yonkers
A wrongful death claim happens when a person dies as a result of the negligence of another person or company. You may be able to file a lawsuit as a personal representative of the individual who died in order to recover damages for the actions that caused the death. These actions are usually negligence or recklessness but may also apply if someone’s intentional actions caused the death.
This essentially gives the family of the victim the right to file the claim they could have filed if they had survived the incident. While the claim may only be filed by a court-authorized personal representative, the claim may recover damages on behalf of family members and beneficiaries.
In a wrongful death lawsuit, the family only has two years from the time of death to act. This makes it important to immediately contact a Yonkers wrongful death lawyer who may be able to help.
Establishing Wrongful Death
Wrongful death claims may be filed under a variety of circumstances, and in most cases, a Yonkers wrongful death attorney will need to draw a connection between the actions of the responsible and the death of the victim. To do this they must be able to show:
- A person died
- The reckless actions of another person or company caused their death either directly or indirectly
- The family of the victim suffered financially and emotionally after the death
- The person filing the wrongful death suit represents the estate of the victim
The vast majority of companies facing a wrongful death claim may hire attorneys to represent their interests, and some might attempt to offer a settlement to prevent the family members from taking any further legal action against them. To avoid being taken advantage of by these companies, it is important to immediately contact a Yonkers wrongful death lawyer who fights for you.
Damages You Can Recover in a Suit
New York wrongful death statutes allow the recovery of fair and full compensation for the financial losses your family is dealing with because of the death. Examples include compensation for medical and nursing assistants as well as funeral expenses.
In addition, courts commonly award damages for:
- Loss of services and support provided by the deceased person
- Loss of parental care to children
- Loss of inheritance
- Loss of benefits and wages
- Pain and suffering endured by the victim
An experienced attorney could help an individual recover damages following the death of a loved.
A Yonkers Wrongful Death Attorney Could Advocate
Filing a wrongful death claim is not an easy process. Often, insurance companies or others who are asked to pay compensation may draw out a case, hoping the family will give up or settle for a lesser amount than the maximum to which they may be entitled.
When you work with a Yonkers wrongful death lawyer who understands how courts have ruled in situations similar to yours and who fights for your family, you may be able to rest a little easier knowing that you have taken important steps to safeguard the future of your family. Call now to schedule a free consultation and learn how a seasoned attorney from Tomkiel & Tomkiel could put their experience to work for you.