Getting the money your family needs to move forward after the death of a loved one may mean filing a wrongful death lawsuit. Although the processes of filing a wrongful death case are often complex, our Garden City wrongful death attorneys can help you with every step of the case.
To get compensation in a wrongful death case, you will first have to collect evidence and prove the claim in court. When filing your case, there are two simultaneous claims you can file that cover slightly different areas of damages, but ultimately, both lawsuits benefit the surviving family.
For help with your wrongful death case, call our Garden City wrongful death attorneys at The Carrion Law Firm today. Call (718) 841-0083 for a free case evaluation.
Proving a Wrongful Death Case in Garden City, NY
To get compensation in a wrongful death case, our Garden City wrongful death lawyers will first have to prove the case. This means meeting certain elements to prove that the death was “wrongful” and that the defendant’s negligence was what actually caused the death.
Elements
In most injury and death cases, the core claim that you make is a claim that the defendant is at fault for the injuries because they acted negligently. This means showing four elements in a wrongful death case:
- The defendant owed your loved one a legal duty.
- The defendant breached that duty.
- The breach of duty caused your loved one’s death.
- There are damages the court can compensate you for related to the death.
Examples
These elements are somewhat confusing in the abstract, especially when it comes to understanding what kind of “legal duty” might have existed in your case. Ultimately, the duty is usually based on the relationship between the defendant and the victim, such as in the following examples of potential wrongful death cases:
- A car accident victim’s family sues a drunk driver based on their violation of traffic laws.
- A balcony collapse victim’s family sues a hotel for dangers on their premises.
- The family of a deceased cancer patient sues the doctor who failed to diagnose the cancer because of their sub-par medical care.
Evidence
Your case will be proven by many different types of evidence that our Garden City wrongful death lawyers can help you collect and present in court. The most important evidence is often witness testimony from eyewitnesses to the accident as well as others who responded to the aftermath of the injury. Other evidence, such as video of the accident, photos of the aftermath, and more can all be used to prove the accident.
Filing a Wrongful Death Lawsuit in Garden City, NY
As mentioned, New York law allows two separate but related lawsuits for your loved one’s death. Our Garden City wrongful death attorneys can help with both case and file them together to get you the damages you need.
When someone dies, the family can receive damages in a “wrongful death” action to seek direct compensation for the harms they suffered because of their loved one’s death. Filed under E.P.T. Law § 5-4.1 by the deceased “personal representative” (appointed in their will or by a court), these lawsuits claim damages for things like lost wages, lost economic support, lost household services, and other “pecuniary” harms the family faced. This excludes damages for the family’s grief or pain and suffering, which typically cannot be claimed as damages.
For the harms that the victim faced before death, the personal representative can also file a “survival” action. This is essentially the personal injury lawsuit that your loved one would have been able to file if they survived the injuries, but filed by the estate (through the personal representative) after their death instead. The damages in this case include any damages the victim faced before death, such as medical expenses, lost wages, and pain and suffering. Punitive damages are not allowed in these claims. These damages are paid into the estate, which is then distributed to the surviving family.
Family members can also claim compensation for end-of-life medical bills, funeral expenses, or other related bills they paid. If these damages were paid out of the estate, the estate can claim these damages instead.
Ultimately, the estate is distributed according to the victim’s will or by E.P.T. Law § 4-1.1 if they died without a will. The damages paid in the wrongful death lawsuit are also distributed to the family members listed in § 4-1.1, with priority given to the spouse and children of the victim.
Talk to our Garden City wrongful death attorneys about what damages you are entitled to claim and what damages can be paid to you as compared to other family members.
Types of Wrongful Death Cases Our Garden City Attorneys Handle
Our Garden City wrongful death lawyers handle all sorts of accidental injury cases. This includes things like car accident cases, defective product injury cases, premises injury cases, and even slip and fall cases that result in deadly brain injuries.
Our Garden City wrongful death attorneys can also help with many deadly workplace accidents and construction accidents. However, there are special rules that apply to work injury cases.
The phrase “wrongful death” can also include deaths caused by intentional acts, such as murder and manslaughter. The elements for these cases are different and are based on intentional acts rather than negligence. Even when criminal charges are filed and the defendant is tried in criminal court for murder, you can also try them again in civil court to seek damages instead of focusing on the punishments and penalties the criminal court deals out. This can help you get the compensation you need for things like lost wages to help your family keep going after a loved one is taken. Even if the criminal case fails, your civil wrongful death claim has a lower burden of proof, and you could still win this case.
Call Our Garden City Wrongful Death Lawyers for Deadly Accidents
If you lost a loved one in a deadly accident or had a loved one taken by negligence or even murder, call our Garden City wrongful death attorneys today. At The Carrion Law Firm, we offer free case evaluations. Our phone number is (718) 841-0083.