One of the most tragic things that can happen in an individual’s life is losing a loved one. This is especially the case in the event of an unexpected and abrupt wrongful death. Wrongful death is when a death happens as a result of another person’s misconduct. When this occurs, families often seek justice and necessary financial assistance for the life that was lost. With the help of an experienced attorney, they are able to seek the due process and compensation they desire for their loss.
What is Wrongful Death?
Wrongful death is when a person dies because of another individual’s negligence, carelessness, or behavioral misconduct. These deaths can happen as a result of many things. This could include an automobile accident, product malfunction, medical malpractice, unsafe premises, etc. This leaves families to handle the aftermath of such a tragic event. In addition to dealing with a loss of life, they also struggle with the loss of an income.
Types of Cases
There are many ways in which a wrongful death could happen. Lawsuits are usually pursued in the event of the following situations:
- Defective products: If a product is faulty, has a poor design, or lacks warnings it may cause harm and even death to consumers.
- Automobile accidents: When an accident and death occurs because of the negligence of another driver.
- Medical negligence: If a patient dies because a health care professional fails to provide them with the standard of care that is required of them.
Pursuing a wrongful death case has the power to leave a family with great financial burdens. The process requires several expenses that must be covered. These expenses can often become overwhelming, which is why loved ones are able to seek compensation for the costs. Doing so can become a complicated task, which is why it is important to enlist an experienced attorney for assistance while seeking reparations for wrongful deaths. In New York, compensation may be sought for the following:
- Medical expenses before death
- Pain and suffering
- Lost wages for the deceased’s future earnings
- Anxiety and emotional distress
- The value of the services the deceased provided to the family
- The loss of guidance a parent provided a child
- The loss of support from a deceased spouse, parent, or child
There is a statute of limitations on filing a claim for wrongful death. A statute of limitations provides individuals with an amount of time to pursue legal action for wrongful deaths. Usually, those who file a claim are a surviving spouse or domestic partner. Other times, it may be done by children, parents, or siblings. The statute of limitations to file a claim in New York is three years from the date of the individual’s death.
Contact our Firm
If you or someone you know experienced a loss as a result of a wrongful death, contact The Law Office of Richard M. Kenny today.
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. Call 212-421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer.