Wrongful Death Claim Lawyer New York, NY
When we lose a loved one, the process of grieving is often difficult. But when that loss is due to the negligence of someone else, such as in a car accident or malpractice case, the loss can be even more devastating because it was completely avoidable. Not only is there the emotional suffering to go through, but for many families, the loss causes financial difficulties, as well, especially if the victim was the primary breadwinner of the family. If you have lost a loved in New York, the law says you may be entitled to financial justice from the party or parties who caused the accident. A wrongful death claim lawyer New York, NY families recommend can help.
Wrongful Death Lawsuit
A wrongful death lawsuit is a civil action that is brought against a party who is liable for the victim’s death, either through negligence, recklessness, or intent. Some of the common types of accidents that result in a wrongful death lawsuit include medical malpractice, a fatal work accident, drunk driving accident, or dangerous product. The law states that any death that is the result of a wrongful act, neglect, or default is wrongful death, and representatives or survivors of the victim can bring forth a lawsuit.
A wrongful death lawyer New York, NY clients trust can explain in detail who can file a wrongful death lawsuit under New York law:
- The victim’s spouse
- The victim’s children
- The victim’s parents
- The personal representative for the estate of the victim
The courts understand that no amount of money can ever compensate a family for the loss of their loved one. The goal of a wrongful death lawsuit is to protect survivors from suffering financial harm because of their loved one’s death due to the loss of economic support and loss of services. For example, if the victim stayed home to care for their small children while the other spouse worked, that spouse now must find other options for childcare that can be costly.
Survivors can also pursue damages for “loss of society.” This refers to the loss of the victim’s love, companionship, and guidance he or she provided to their family. There is also the emotional anguish, sorrow, and grief the family may be compensated for. Compensation for medical expenses before the victim died and funeral and burial expenses can also be included in the wrongful death lawsuit.
The four elements that must be proven to be successful in the lawsuit are:
- The victim died.
- The victim’s death was caused by the negligence or other wrongful conduct of the alleged at-fault party.
- If the victim had survived, they had grounds to file a personal injury lawsuit against the alleged at-fault party to recover damages for the losses they suffered because of their injuries.
- The survivors have suffered specific damages because of the victim’s death.
If you believe your loved one’s death was caused by the negligence of another, contact Oddo & Babat, P.C. to meet with a New York, NY wrongful death claim lawyer to find out what legal recourse you may have.
I consulted with David the first time a couple of years ago on a serious matter that affected a very close member of my family. Not expecting a good experience from this serious situation coupled with an attorney consultation, the entire thing surprised me as it was pleasant, professional, and completely successful. We found him clear, direct, generous and extremely knowledgeable throughout the process. I give my very strongest recommendation
