During a wrongful death claim families hold an at-fault party accountable for the death of a loved one in a fatal accident. The type of accident generally does not matter as long as it can be proven that the responsible party’s negligent or wrongful actions caused the death. Through a wrongful death claim, the survivors may pursue compensation for the economic and non-economic damages caused by the death, such as medical bills, pain and suffering, and funeral costs. If you lost a loved one due to the negligent actions of another person, you should not hesitate to contact a New York wrongful death attorney at The Cakani Law Firm. We can sit down with your family in a free consultation to discuss what happened.
Am I Eligible to File a Wrongful Death Claim in NY?
In order to be eligible to file a NY wrongful death claim, you must be a statutory beneficiary of the deceased person. This means that immediate family members, including a spouse, children, or parents are eligible for compensation. An attorney will act on behalf of the family to present evidence and testimony to prove the responsible party is at-fault and that the death was a direct result of the accident.
You must also demonstrate that your loved one died due to another person’s act of negligence, according to New York’s wrongful death statute. While it may be clear to you that a reckless driver or careless surgeon caused your loved one’s death, it often takes an in-depth investigation to prove this. To recover compensation, you will need to file a claim against the negligent individual’s insurance company, which may appear dismissive of your family’s loss.
However, when you work with an experienced attorney, you can trust that the legal burdens of your case are in good hands. The team at The Cakani Law Firm has walked many families through the difficult process of recovering compensation. We can provide in-depth legal counsel regarding your claim. We have handled cases involving car accidents, medical malpractice, premises liability, and construction accidents. We can look into the cause of your loved one’s death and collect evidence of wrongdoing to support your claim.
Causes of Wrongful Deaths in New York
Unfortunately, devastating accidents happen every day across New York that tragically cut someone’s life short. After cancer and heart disease, accidents are the third leading cause of death in New York State, but make no mistake: someone besides the deceased is often to blame for these deaths. In addition, unintentional injuries have consistently ranked among the top five causes of death in NYC.
Wrongful death lawsuits can involve a wide range of fatal accidents, including:
- Car accidents
- Truck accidents
- Dangerous premises
- Falls
- Medical malpractice
- Construction accidents
- Nursing home abuse
What Damages Can Be Recovered After a Wrongful Death?
While legal action cannot erase such a tragic loss, it is possible to obtain significant financial compensation to assist with life after the death of a loved one. The immediate family members can claim the following damages:
- Medical costs related to hospital care prior to death
- Burial or cremation expenses
- Funeral costs
- Lost expected wages
- Lost benefits from the deceased’s work
- Loss of consortium
- Loss of inheritance
- Punitive damages for crimes committed by the at-fault party that caused the death
With a significant financial settlement, the family can focus on healing without worrying about paying for past losses or future expenses related to the death.
