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Accidents are an inevitable part of life. While most accidents come and go with little fanfare, some accidents require legal action. In particularly tragic cases, accident victims do not survive. In such cases, it is impossible for the victim to take legal action against the responsible parties. However, that does not mean that no legal action is possible.
If your loved one died in an accident or because of something someone else did, you can pursue a wrongful death action. Wrongful death cases are filed by representatives of the deceased person’s estate and may seek damages for injuries suffered by the deceased before they died. Damages can also include losses to the deceased’s family members.
If you lost a loved one in an accident, or if they died because of someone else’s negligent or intentional behavior, our Yonkers, NY wrongful death attorneys can help you. The losses surrounding the death of a loved one can feel insurmountable, and the person or people responsible should be held accountable. The team at The Martello Law Firm, PLLC can meet with you in a free legal consultation to discuss your case. Call our offices at (646) 396-0236.
Definition of Wrongful Death in Yonkers, NY
According to E.P.T. Law § 5-4.1, a wrongful death case may arise when a person dies because of another person’s wrongful conduct or neglect. This encompasses negligent behavior, such as in case of an accident, and intentional actions, like violence or criminal behavior. Wrongful death cases are not always immediately apparent. In some cases, a person may be severely injured in an accident, but they do not die of their injuries until some time later.
The types of claims that can be brought are only those the deceased person could have brought if they had survived. These claims include any medical bills incurred by the deceased before they died, pain and suffering, and any property loss. Damages pertaining to the surviving family’s losses – loss of consortium and financial support, for example – may also be claimed. However, these damages are not paid to family members but rather the deceased’s estate.
There are also strict limitations on who can file a wrongful death lawsuit. You might assume that a surviving family member such as a parent or a spouse could file. However, only representatives of the deceased’s estate can file a wrongful death lawsuit. The representative is usually whoever is named executor of the estate, which may or may not be a family member.
Damages Involved in a Wrongful Death Lawsuit in Yonkers, NY
The damages in a wrongful death lawsuit can be a bit complicated for the average person to wrap their mind around. You might assume that such a lawsuit is for your benefit and the compensation is for your losses. However, this is not true. A wrongful death lawsuit is meant to benefit the estate of the deceased victim. Any damages that may be claimed are those suffered by the deceased. However, because the deceased person’s estate is being paid, beneficiaries of the estate named in a will, usually family members, eventually receive the payouts.
Funeral and burial expenses are common in wrongful death lawsuits. The costs related to funerals can be very expensive, and you should keep track of the costs of your loved one’s funeral if you plan on pursuing a wrongful death lawsuit.
Before someone passes away, there may be numerous medical and healthcare-related expenses. For example, after a car accident, a person is likely transported to a hospital for treatment. Numerous procedures and treatments could be administered before the person ultimately succumbs to their injuries. Those treatments must be paid for, and our Yonkers, New York wrongful death attorneys can help you get them covered.
With any serious bodily injuries, there is likely to be pain and suffering. Depending on the nature of your loved one’s injuries, they may have suffered greatly before passing away. Their suffering deserves compensation from those responsible. If your loved one’s death was not only painful but a long, drawn-out process, we can argue for their emotional pain and suffering too.
If a deceased individual was the breadwinner for their household or otherwise contributed financially, the loss of their financial support may be claimed as damages. Family members can also claim the loss of consortium with their partner or the loss of parental guidance from a parent.
Common Causes of Wrongful Death in Yonkers, New York?
You might be wondering how wrongful deaths happen. While every death is tragic, why do some deaths warrant legal action? A wrongful death occurs because of someone else’s negligent or intentional behavior. Car accidents are common reasons for wrongful death lawsuits. However, you could sue for someone’s intentional act, such as criminal violence like homicide.
Any kind of accident might lead to a wrongful death lawsuit if someone’s negligent behavior caused the accident. This includes car accidents but also any other accident. For that matter, most cases that would ordinarily be a personal injury lawsuit may instead be a wrongful death lawsuit if the victim of the incident passed away.
When someone dies as a result of a violent crime, we often view the criminal justice process as our means of obtaining justice. However, you can sue the criminal defendant in civil court for the wrongful death of your loved one. In fact, the law allows extra time to file your case if your defendant is also facing criminal charges. An estate representative has one year from the date any criminal proceedings are completed to file a wrongful death lawsuit.
Contact Our Yonkers, New York Wrongful Death Attorneys
You can seek justice through a wrongful death lawsuit if you lost a loved one in an accident or to criminal violence. Our Yonkers, New York wrongful death attorneys will help you get compensation for the loss of a loved one. Call The Martello Law Firm, PLLC at (646) 396-0236 for a free legal consultation.