Long Island Wrongful Death Attorney
Dealing with the everyday effects of losing a loved one can be horrific. Dealing with the legal and financial effects on top of that can be even worse. If you lost a loved one in an accident in Long Island, it is vital to speak with an attorney to get help filing your claim and getting the appropriate damages for your loss.
The family of someone killed in an accident is often entitled to file a wrongful death lawsuit to recover damages for the death. This can include money to help pay for ongoing lost wages as well. It also allows for other damages the deceased could have claimed if they survived the accident, such as medical bills and pain and suffering.
For help with your wrongful death claim, call The Carrion Law Firm’s Long Island wrongful death attorneys today. Contact us at (631) 910-7493 for a free case review.
Wrongful Death Claims in Long Island
Wrongful death claims can be filed any time a loved one is killed because of someone else’s negligence or intentional actions. When you file one of these wrongful death claims, you might technically file two separate claims intended to compensate you and your family for two different groups of damages.
The first type of claim you can file is a survival action. This lawsuit is set to benefit the deceased’s estate and is essentially the personal injury lawsuit that your loved one would have been entitled to file if they survived the accident. These lawsuits can be used to claim damages for the deceased’s pain and suffering, medical bills, lost wages before death, and other damages. This lawsuit is usually merged with the actual “wrongful death” lawsuit.
The second type of claim you can file is the actual wrongful death claim. This lawsuit is meant to pay you and the rest of your family for the loss of your loved one. This typically comes in the form of damages for the missing support and companionship from the deceased, plus the economic costs your family faces. Expenses for burial and funeral costs, plus the cost of lost household services, lost wages, and more can all be claimed through this lawsuit.
To file these claims, talk to a Long Island wrongful death lawyer. There are specifics about who needs to file the claims and who can benefit from the lawsuit that are important to understand in your specific case.
What Constitutes a “Wrongful Death” for a Wrongful Death Lawsuit in Long Island?
For a wrongful death lawsuit, the death must have happened in a certain way to be considered a “wrongful death.” Despite the somewhat narrow definition of “wrongful death,” many different types of accidental and intentional deaths can fall under the umbrella of “wrongful death” and justify a lawsuit against the responsible parties.
A “wrongful act” that causes death usually consists of either an intentional act or a negligent act.
Intentional Killings
Intentional acts that cause death could easily be called murder or manslaughter, and criminal charges for these exact crimes are often filed by police for the same events. However, those criminal cases do not seek to compensate the family for the loss of their loved one.
That compensation is the main goal in a wrongful death case. You can often file a civil wrongful death suit even if there is already a criminal investigation or even after a criminal case has already ended in acquittal.
Criminal charges for murder and manslaughter have a higher “burden of proof” than civil wrongful death cases. Whereas the prosecutors need to prove the killing “beyond a reasonable doubt,” a wrongful death lawsuit only needs to be proven “by a preponderance of the evidence” – a standard that is essentially just over 50%.
Negligence
Wrongful deaths caused by negligence are much more common. In cases where the elements of manslaughter or other crimes are not met, it might be possible that someone is nonetheless legally responsible for the death. This is where wrongful death lawsuits based on negligence are predominately used to seek justice for the family of a deceased accident victim.
To sue for wrongful death caused by negligence, you have to prove that the defendant owed your loved one some legal duty, and that they only died because the defendant violated that duty. Our Long Island wrongful death attorneys can help you identify the proper legal duty in your case and hold the responsible parties accountable for the death.
Examples of Wrongful Death Cases in Long Island
Wrongful death cases can be triggered by many different types of accidents and wrongful acts. These cases are based on the specific facts of the case at hand, so make sure to review your case with our experienced Long Island wrongful death lawyers. The following are some common examples:
Car Accident Deaths
If a loved one is killed because another driver was drunk, speeding, or otherwise violating traffic laws, a wrongful death lawsuit is usually justified.
Defective Product Injuries
Many defective products claim the lives of innocent people each year. Dangerous tools and appliances, exploding batteries, defective medical devices, and even dangerous medication could be to blame for a wrongful death.
Medical Malpractice
If your loved one’s doctor failed to properly treat their condition, they could be responsible for the death. Misdiagnosis, surgical errors, and other medical mistakes can be grounds for a wrongful death lawsuit in many cases.
Dangerous Property Injuries
Even something as simple as a slip and fall could cause fatal head injuries. Other unreasonable accidents on someone’s property, such as electrocution, fires, animal attacks, and more could all supply grounds for a wrongful death lawsuit.
Call Our Wrongful Death Attorneys in Long Island
If your loved one was killed by another person’s negligence or intentional violence or a company’s negligent acts, call The Carrion Law Firm for help. Our Long Island wrongful death lawyers can file your case and represent you throughout the process. For a free case review, call us today at (631) 910-7493.