People do not always survive an accident, but that does not mean a legal claim for damages expires with them. Family members of the deceased may pursue a wrongful death claim to get justice for their loved one and family.
A wrongful death might occur in numerous ways, and knowing that a death is wrongful is not always easy. Generally, a wrongful death might occur due to someone else’s negligent or wrongful actions. Remember, a wrongful death is not always a criminal offense. Only certain people may be permitted to file a wrongful death claim. The personal representative of the deceased must be the one to file the claim, but various family members may be named as beneficiaries. Damages in these cases tend to be quite substantial. Economic losses, in addition to non-economic damages for pain and suffering, should be accounted for. Evidence may vary based on how the deceased person was injured but might include medical records and details from the accident scene, like photos, videos, and witnesses.
Call our wrongful death attorneys at The Carrion Law Firm at (718) 841-0083 and set up a free case review to start your claim.
What is Considered a Wrongful Death in The Bronx?
The conditions of a wrongful death are defined somewhat broadly under the law. According to E.P.T. Law § 5-4.1(a), a wrongful death stems from a wrongful act, negligence, or a default or failure to act by someone else. Generally, the person responsible for a wrongful death is the person the deceased could have sued themselves had they survived their injuries.
Since the definition of a wrongful death is rather vague, numerous examples exist. A common example involves car accidents. If you lost a loved one in a car accident, the person who caused the crash may be held liable for the death. The deceased person need not pass away immediately. Even if they survived for days or weeks after the accident before succumbing to injuries, the other driver may be held responsible. Our wrongful death lawyers have handled numerous claims like these and are prepared to assist you and your family.
Some wrongful death cases are based on intentional acts of violence. Often, these cases are tied up in criminal cases, as defendants are usually charged with serious criminal offenses. Homicide-related offenses may be met with wrongful death claims from surviving family members. The defendant in such a case does not need to be found guilty in criminal court to be held liable in civil court.
People Permitted to File Wrongful Death Cases in the Bronx
Although a wrongful death might have ramifications across numerous people’s lives, only certain people may be party to a wrongful death lawsuit. Under the law, the case must be filed by the deceased person’s personal representative. Such a person is often appointed by the terms of the deceased’s will. However, if there is no will or no mention is made of a personal representative, one may be appointed by the court.
The personal representative is often a surviving family member. For example, when a person passes away, they often leave their surviving spouse or an adult child as the personal representative to execute their will and handle their estate. This does not have to be the case, though. Often, people name others, like their attorney, as their personal representative.
While the personal representative must file the case, numerous family members may be included as beneficiaries. When preparing a wrongful death case, you and your attorney should speak to numerous family members about how they were affected by your loved one’s passing. There might be more damages to claim than you realize.
Damages You Can Recover in a Bronx Wrongful Death Case
Damages in wrongful death claims are often quite considerable. When death is involved., damages tend to be high. Under E.P.T. § 5-4.3(a), the jury or court may award damages related to pecuniary or monetary losses related to the wrongful death. However, damages for the pain, suffering, and emotional anguish inflicted upon your family are not grounds for recovery.
The monetary losses from a wrongful death are considerable. You may claim the lost income of your loved one, the cost of their medical care before they died, and various other expenses you incurred because of their passing. The same goes for other family members. For example, if your loved one provided caregiving services to an older relative, that relative may claim the cost of the lost services.
While you and your family cannot claim non-economic damages for things like grief or distress, you may claim those experiences of the deceased person. It is possible that your loved one endured great trauma and anguish before passing away. Even though they are no longer here, you may claim damages for those experiences on your loved one’s behalf.
Using Evidence to Prove Your Wrongful Death Claims in the Bronx
Evidence in wrongful death claims tends to revolve around two things: the fact that the accident happened and that the accident caused death. We need evidence that demonstrates these factors for your claims to succeed.
Much evidence comes directly from the scene of your loved one’s accident. Nearby security cameras and witness testimony might help us piece together how your loved one was injured and who caused the accident. Physical evidence, like weapons used to injure the victim, is also extremely valuable to your case.
Next, we need evidence showing how the accident is the direct cause of your loved one’s passing. If your loved one was treated at a hospital before passing away, their medical records are paramount to our cause. If your loved one did not make it to a hospital before passing on, records from an autopsy might shed light on what caused the injuries and death.
If You Lost a Loved One Under Wrongful Condition, Call Our Bronx Wrongful Death Lawyers
Call our wrongful death attorneys at The Carrion Law Firm at (718) 841-0083 and set up a free case review to start your claim.
