Losing a loved one in an accident is certainly a painful and challenging experience. When this loss is caused by negligent behavior, the emotional toll can be more heartbreaking. Wrongful death cases in New York enable the family members to get justice and recover compensation.
If you’re in New York and you’ve lost someone because of someone else’s negligence, it’s essential to understand your rights and how to pursue a wrongful death claim. Hiring a personal injury lawyer in New York is important to ensure your case goes smoothly.
Understanding Wrongful Death Claims
In New York, this claim is a civil lawsuit brought against the party or parties responsible for the death of an individual. Wrongful death claims aim to hold negligent parties accountable for their actions, seeking compensation for the family members. These claims can arise from various circumstances, including:
- Car Accidents: These accidents are a leading cause of wrongful deaths in New York. If someone dies in a car accident because of someone’s negligence, their family members might have the right to file a wrongful death claim through a car accident lawyer.
- Workplace Accidents: If someone dies in a workplace accident due to unsafe conditions or negligence, their loved ones may have a wrongful death case.
- Defective Products: If a defective product leads to a fatal accident, the manufacturer or distributor of the product may be held liable for a wrongful death claim.
- Truck Accidents: These accidents usually result in catastrophic injuries and fatalities. If you lost a loved one in a truck accident because of a negligent trucking company or truck driver, you may have grounds for a wrongful death claim. Be sure to consult a truck accident lawyer to determine if you have a case.
- Medical Malpractice: Medical malpractice can lead to fatal consequences. If a healthcare provider’s negligence results in a patient’s death, their family may be eligible to file a wrongful death claim.
Who Can File a Wrongful Death Claim?
New York law specifies who can bring a wrongful death claim. Typically, the following individuals have the right to file a claim:
- Spouse: A surviving spouse can file a wrongful death claim.
- Children: Surviving children, including biological, adopted, or stepchildren, have the right to pursue a wrongful death claim.
- Parents: If the deceased had no surviving children or spouse, the parents have the right to file a wrongful death claim.
- Personal Representatives: If none of the above individuals are willing to file a claim, the personal representative of the deceased’s estate can do so.
Compensation in Wrongful Death Claims
When a successful wrongful death claim is filed, their family may be entitled to compensation for various damages, including:
- Economic Damages: This may include burial expenses and funerals, medical bills related to the deceased’s final injuries, and the loss of financial support and benefits that the deceased provided.
- Non-Economic Damages: This covers the emotional and psychological impact of losing a loved one, such as loss of guidance, loss of companionship, and pain and suffering.
- Punitive Damages: In certain cases, these damages may be rewarded to punish the negligent party for their reckless or intentionally harmful actions.
Consult Expert Personal Injury Lawyers at Baez Legal Group
Navigating a wrongful death claim in New York can be an emotionally challenging process. In such difficult times, it’s essential to have a knowledgeable and compassionate advocate on your side.
Personal injury lawyers, including truck accident lawyers and car accident lawyers, have the expertise to help you pursue a wrongful death claim and hold negligent parties accountable. If you have lost a loved one due to the negligence of another party in New York, contact us to understand your rights and seek justice through a wrongful death claim.