When a loved one passes, the last thing you want to think about is a lawsuit. However, in the case that your loved one has passed away due to the negligent acts of others, you deserve to seek closure in every way possible, including recovery damages that are equivalent to the wrongful acts of the other party.
We understand that it can be difficult to clearly navigate a legal case when you’re in the middle of the grieving process, which is why you need a personal injury lawyer to assist you throughout every step of the way. In fact, we’re here to help you determine whether or not you qualify to file a wrongful death lawsuit or if there’s another better fitting legal option for you to explore.
Who Can File A Wrongful Death Lawsuit?
Here in New York, wrongful death lawsuits can be brought forth by:
- A parent of the decedent
- A spouse of the decedent
- A child of the decedent
- The personal representative for the estate of the decedent.
There are other family members that may be able to bring forth a lawsuit, like siblings or cousins of the decedent, but they must also have been named as the personal representative or the guardian. The only time these titles are no longer valid is when there are other surviving children, spouses, or parents of the decedent.
Understanding Wrongful Death Lawsuits
Pain And Suffering Claims
If you’re loved one had suffered before their passing, you could receive damages in your lawsuit for their pain and suffering. Most states usually throw this claim out after the decedent has passed, but New York allows these claims to proceed past the wrongful death, resulting in added claims to the estate.
Wrongful Death Claims
The wrongful death claim is typically based upon lost earnings, loss of companionship, and similar damages that stem from a loved one’s death. The difference between the first claim and this one is that the other claim is for damages that occurred directly to the decedent. This claim is determined by what happened to the loved ones who survived their family member’s passing.
How Can You Prove A Wrongful Death Claim?
In order to properly file this type a wrongful death, you must show that:
- The act (negligent act) would have still entitled the injured person to file an action to recover damages (including pain and suffering) even if the death not occurred.
- There are surviving family members that depended on their loved one, like children, or dependents of the victim.
- Monetary damages are now present because of the decedent’s death, that the family is now facing.
These are the basic components of filing a wrongful death lawsuit, but of course, there is much more time, effort, and details that go into fighting for what you and your family now deserve after losing a loved one unexpectedly. In a wrongful death lawsuit, our firm will be with you every step of the way, working aggressively to make sure you get the closure you need on all fronts. Call our personal injury attorneys today to schedule your initial consultation!