Wrongful death occurs when an accident caused by the negligence of another results in a death. If one of your loved ones is a wrongful death victim, it is your legal right to seek compensation for your loss. Although no amount of money can make up for the death of a loved one, an experienced and compassionate wrongful death lawyer will tenaciously fight to help you obtain compensation to pay for medical bills, funeral arrangements, lost income, and other costs resulting from the death of your loved one.
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How to Make a Wrongful Death Claim
What qualifies for a wrongful death claim? If the victim of an accident would have been able to make a personal injury claim had they survived, they can usually make a strong wrongful death claim. Those entitled to make a wrongful death claim on behalf of a loved one include spouses of the wrongful death victim, parents who have lost a child, and children who have lost a parent. In some cases, siblings or other close relatives also qualify.
Those filing wrongful death claims on behalf of a loved one must show several different contributing factors, including but not limited to the following:
- The accused had a legal obligation to the deceased. Individuals have a general legal obligation to avoid high-risk behaviors that might harm others. For example, manufacturers must take care to ensure that their products will not harm consumers, and drivers are obligated to display reasonable caution to avoid hurting others around them. Legal duty can be established if the victim’s legal team can demonstrate a relationship between the victim and the accused.
- This obligation was breached. A negligence standard exists to determine whether or not a legal obligation exists and was breached. How would a reasonable person have acted in similar situation? If a reasonable person would have been less reckless or more careful, the defendant is determined to be negligent.
- This breach directly caused the death. If the defendant’s actions directly resulted in a death, surviving loved ones can make a wrongful death claim.
- Something exists that requires compensation. If the wrongful death has left the family with financial voids such as medical bills, or other distress such as pain and suffering, they can be compensated. Wrongful death cases allow surviving family members to receive damages for both economic and non-economic losses.
If you are bringing a wrongful death claim, you have the burden of proving each of these elements. To make a strong claim, you will need the services of a knowledgeable attorney to help gather the necessary evidence for your case.
Numerous Factors Impact Wrongful Death Damages
There are many layers of considerations that must be made that determine the amount of damages to be awarded in a wrongful death case. Examples include the victim’s potential earnings for the future and the situation in which the loved one died. Surviving family members may be eligible for punitive damages if the legal team can demonstrate that the person responsible for the death is responsible for a malicious act or serious wrongdoing that led to the death.
The takeaway from this is to keep in mind that any award would greatly help to alleviate the unexpected, sudden financial burden you face as a result of the death of your loved one. If you don’t know where to start, contact the attorneys at H. Bruce Fischer Esq, P.C., who can help you to make sense of a complex and devastating situation.
Turn To Us After the Loss of a Loved One
Life in New York presents hazards that are impossible to anticipate. Car accidents, machinery malfunctions, collapsing buildings, and a vast array of other hazards present extreme risk for many New Yorkers. When human carelessness and negligence is added to this equation, it compounds the daily risks of life. Safety is never guaranteed. Unfortunately, those who suffer the impact of these disasters are often blameless individuals whose loss is devastating for their loved ones. Losing a loved one is always painful, but it becomes excruciating and enraging upon the discovery that it was a human error that led to the wrongful death. In the aftermath, many families ask what could have been done to prevent it. This process is extremely difficulty and it is understandable that many choose to seek justice for the death of their loved one.
At the New York City H. Bruce Fischer Esq, P.C., we help families in Manhattan, the Bronx, Brooklyn, Queens, and Staten Island — as well as Westchester, Nassau, and Rockland counties— receive the maximum compensation and financial justice permitted by law following the wrongful death of a family member.
Our firm has achieved some of the largest verdicts in the State of New York. As a client of H. Bruce Fischer Esq, P.C., our team of experienced trial lawyers will work diligently to unravel the facts surrounding your injury and obtain the recovery you deserve.SEE OUR RESULTS
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