The death of a loved one is a brutal pain for anyone to bear. When someone suddenly loses a loved one because of negligence or wrongdoing, the emotional suffering is always challenging, and the financial struggles are often difficult to endure.
Everyone in New York, no matter what precautions they take on a daily basis, are at risk for falling victim to negligence that can result in fatal consequences. Our team at the law offices of Salenger, Sack, Kimmel & Bavaro, LLP, have been handling sensitive and traumatic wrongful death cases for over three decades. We help to provide the type of guidance and counsel that families need to start healing after the death of a loved one by advocating for their legal rights after an avoidable accident.
What Is Wrongful Death
Any situation in which a person has died due to negligence or wrongdoing may be considered wrongful death. There may be one person to blame, multiple individuals who were involved in the incident or even an entire company, depending on the accident. Our job is to identify any party who contributed to the wrongful death of your loved one, so they can be held accountable for their actions.
Some of the most common reasons why people may file a wrongful death claim for their loved one include:
- Drunk driving accident
- Pedestrian and bicycle accidents
- Medical malpractice
- Construction accidents
- Worksite accidents
- Reckless, distracted, or aggressive driving
- Medication errors
- Caregiver negligence
- Occupational accidents
- Slip, trip and fall accidents
- Defective products
- Nursing home neglect
The death of your loved one does not have to be willful or intentional to be classified as a wrongful death. Most of the time, wrongful death claims deal with complete accidents, where the death was a byproduct of someone’s unintentional actions and not a means for criminal investigation.
We Understand New York Wrongful Death Claims
Unlike other personal liability claims, wrongful death claims are not found under common law. These types of claims are governed by the New York wrongful death statute and must be appropriately filed and represented for someone to be eligible to recover damages.
Compensation that is recovered from wrongful death claims can provide families financial support with expenses such as:
- funeral and burial expenses
- medical bills
- loss of deceased’s wages
- loss of inheritance
- costs for deceased’s support services
- acquired debt
As attorneys who specialize in wrongful death accidents, we understand the complex state laws and requirements needed to represent your family successfully. We are determined to work with you in securing the financial support needed to get you back on your feet and allow you the necessary time to grieve your loss without stressing about your case.
Who Can Make A Wrongful Death Claim
After the sudden death of a loved one, there can be a plethora of questions surrounding the idea of filing a wrongful death claim, the most common being ‘who can file.’ Any surviving spouse, children, beneficiaries or dependents can make a claim to seek compensation for the wrongful death of their loved ones. If a person is unsure if they are a survivor or beneficiary entitled to compensation, they still have the right to start the investigation to find out.
When To File A Claim
Proving liability in wrongful death cases becomes more difficult as times goes on. Many wrongful death cases will proceed to trial, and your attorney will need to be efficient in collecting evidence promptly for a successful resolution. To prove liability in a wrongful death case, these elements must be established:
- Duty of Care – a duty of care by the defendant was owed to the deceased.
- Breach of Duty of Care – there was a failure on the defendant’s part to uphold the duty of care.
- Causation – the breach of duty of care led to the death of the deceased.
Once your family decides who will be filing the wrongful death claim, it is imperative to file the lawsuit as soon as possible. Calling an attorney who specializes in New York wrongful death claims can help you learn more about your rights in time to seek fair compensation for your unspeakable loss.
Let Us Bring Your Some Closure
Money can never replace the loss of a loved one, nor will it relieve the pain and suffering from their untimely departure, but it can help ease financial stresses and allow you to focus your energy on healing yourself and your family. Contact the law firm of Salenger, Sack, Kimmel & Bavaro today for a free consultation to review your case and explore your options in seeking deserved compensation for your loss.