If your loved one passed away because of another party’s carelessness, you may be able to sue. You should know how a wrongful death lawsuit works before you even consider filing for one, though. You’ll find out more about the legal process for filing a wrongful death claim in this article.
Common causes of wrongful death
A wrongful death is the loss of life caused by the careless, reckless, or negligent behavior of a person or entity. It can occur outside of the workplace, as in car crashes. Wrongful death can also result from an illness.
Many accidents can be prevented if the proper safety measures are in place. An experienced attorney can help you file a wrongful death lawsuit. In some states, a family member can also sue.
A wrongful death can happen on the road, at work, or even at home. It can be due to the negligence of a trucking company or another person.
An example of a wrongful death would be if a child drowned in a swimming pool because the pool was not supervised. It could also be caused by a defective product.
Another wrongful death could be due to a dangerous pharmaceutical. The World Health Organization has deemed glyphosate a likely carcinogen.
A common medical malpractice case involves errors during surgery or treatment. It can be very traumatic for the victim’s family to lose a loved one. It is a good idea to contact a lawyer as soon as possible.
A wrongful death claim can help cover surviving relatives’ medical expenses and lost companionship. Survivors can also file a lawsuit against a business establishment.
Who’s responsible for the wrongful death? An important thing to know.
Damages in a wrongful death lawsuit
If you lost a loved one in a wrongful death accident, you may be entitled to compensation. These types of lawsuits are not straightforward, so you should get legal assistance from a competent attorney.
In order to receive an award for damages, a surviving family member must prove specific losses. These losses include the loss of household services and medical treatment. However, there are some cases where survivors are unable to collect damages because of emotional distress.
Among the different kinds of damages, there are economic and noneconomic damages. The former are based on clearly measurable values, while the latter are based on subjective, non-economic assessments.
In an action for economic damages, an economist will calculate the value of the deceased’s services and other benefits that the decedent could have received during his or her lifetime. These calculations will be included in the personal representative’s claim.
If the decedent had children, the personal representative will also include the value of child care and other services the decedent had provided. The surviving spouse or parents can also collect compensation.
In a wrongful death case, a jury can award punitive damages. These damages are awarded to punish the defendant and deter others from engaging in the same type of conduct in the future. The amount of the punitive award varies according to the circumstances of the case. Typically, punitive awards are only granted in extreme circumstances.
Whether you can sue for wrongful death in New York
If you have lost a loved one and believe they have been the victim of another person’s negligent actions, it is possible to file a wrongful death lawsuit in New York. This can help to ease the financial burden of your loss. But it can also be an emotional and stressful experience.
The law in New York regarding wrongful death is quite complicated, and you may need the assistance of an experienced wrongful death attorney to determine whether you have a case. A lawsuit may be filed for a number of reasons, including a loss of companionship, emotional pain and suffering, economic losses and punitive damages.
A wrongful death case is usually initiated by the personal representative of the victim’s estate. This person is typically appointed in the decedent’s will, or can be appointed by a court of law.
The jury will assign a percentage of fault to each party, and this will be used to reduce the award. However, the most important thing is that you have a wrongful death lawyer who understands the nuances of the law.
The statute of limitations is a guideline for filing a legal claim. In New York, this rule is generally two years from the date of death. Some states have shorter time frames, but the deadline is still generally two years. If you miss the deadline, you may lose your case.