Wrongful death claims may be submitted when a person dies because of another person’s negligent behavior. These suits can be filed by a decedent’s survivors or dependents, such as spouses and children. A wrongful death lawsuit seeks monetary damages for the survivors’ losses and the deceased’s future income. These claims often involve car accidents, personal negligence, and manufacturing defects.
Common Reasons for Wrongful Death Claims
Wrongful death claims can arise from multiple situations as listed below:
• Medical misconduct that results in a patient’s death.
• Common carrier, airplane or auto accidents resulting in a fatality.
• Criminal acts.
• Personal injuries due to negligence, defective products, and intentional torts.
Timely Filing of a Wrongful Death Claim
Every area has a statute of limitations, which means that a wrongful death action must be initiated within a certain time. For instance, New York’s statute of limitations is two years; the lawsuit must be filed within two years of the person’s death or the discovery of their cause of death.
Who May Bring a Wrongful Death Suit?
In these cases, the representatives of the deceased may hire a wrongful death lawyer in Nassau County, NY if they suffered damage because of the death. Eligible representatives include spouses, parents, children, life partners, siblings, grandparents and any financial dependent of the deceased.
Elements of a Successful Wrongful Death Case
In these lawsuits, survivors allege that the person’s death was a result of the defendant’s actions. To prevail, survivors must show that the defendant caused the death negligently, intentionally or recklessly, or that they were strictly liable. There must be surviving dependents or beneficiaries, and those people must suffer a monetary loss to be eligible to file.
Recoverable Damages
Damages recoverable by eligible parties in a wrongful death case can include pecuniary losses such as future earnings and income capacity. Punitive damages are given in cases where the defendant’s conduct is especially egregious or malicious, and some plaintiffs can receive pain and suffering damages.
Hiring a Wrongful Death Lawyer
If a person dies due to another’s actions, the decedent’s survivors should consult a personal injury lawyer in the Law Office of Steven R. Smith, or visit the website to learn how to protect their legal rights. The statute of limitations is strict, and valid claims may be denied if they are filed late. A wrongful death lawyer in Nassau County, NY can explain the case’s merits and help clients through this complex legal process.
