Very few experiences are worse than losing a loved one. Now, what if those events could have been avoided? What if one person’s carelessness or intentional behavior caused harm or death to your loved one? Fortunately, there is a right way for those to acquire justice for the death of their loved one in New York.
What is a Wrongful Death?
Wrongful death is a term used in the law to describe the situation when an individual’s death is caused by another’s negligent acts. The wrongful act could be intentional or intentional and may occur due to things like negligence, medical malpractice, product liability, or other considerations. This might give the deceased estate the right to file a lawsuit against the guilty party for civil monetary compensation. The New York statute that covers wrongful death claims is within the estates’ Power and Trusts Law EPTL 5-401.
Common Types of Wrongful Death Cases:
Car and Truck Accidents are one of the most common causes of wrongful death in New York. These accidents are due to a driver’s negligence such as speeding, distracted driving, or driving under the influence of drugs or alcohol.
Workplace Accidents can occur in any industry. The workplace is supposed to be safe but can turn into a tragic scene in an instant.
Criminal Acts such as homicide or assault can result in wrongful death. In these cases, the responsible party may face both criminal charges and a wrongful death lawsuit.
Medical Malpractice refers to a situation where a medical professional’s negligence results in the death of a patient. In such cases, a wrongful death lawsuit can help the family seek compensation for their loss.
Product Liability refers to a situation where a defective product causes the death of a person. In such cases, the manufacturer, distributor, or seller of the product may be held liable for the wrongful death.
What to Do After a Wrongful Death?
When someone you care about dies because of an accident or a mistake by a doctor, it’s important to tell the right people. If it’s because of a mistake by a doctor, tell the New York State Department of Health or the people who check doctors. If it’s because of an accident or a crime, tell the local police or sheriff.
They look into what happened and write down what they find out. It’s important to help them by giving them any information you have.
If someone dies at work, tell the Occupational Safety and Health Administration. They can see if the place where the person worked was safe.
It’s important to talk to a lawyer who knows about wrongful death if someone you care about dies this way. They can help by explaining what happens next, finding out what really happened, and asking for money to help with things like medical bills and feeling sad. They can also collect papers and reports that show what happened. This can help prove what happened and how much money you need.
Who Can File a Wrongful Death Claim in New York and What Damages Can Be Recovered?
The surviving family members who are entitled to seek compensation for the wrongful death of a loved one include the decedent’s spouse, children, parents, and siblings.
The recoverable survivors’ damages include economic and non-economic damages. Economic damages refer to the financial losses incurred due to the death, such as medical expenses, funeral costs, and lost income. Non-economic damages include emotional distress, loss of companionship, and pain and suffering.
The specific damages that survivors can recover in a wrongful death lawsuit in New York are determined by the court based on the evidence presented by the parties. There is no fixed formula for calculating survivor’s damages in a wrongful death case. However, the court may consider various factors such as the age, health, and financial situation of the survivors, as well as the relationship between the survivors and the deceased person.
Punitive Damages In A New York Wrongful Death Lawsuit
Punitive damages are extra money a court might make someone pay if they did something really bad that caused someone’s death. In New York, these kinds of damages aren’t common. They’re only given if the person did something really terrible on purpose or was extremely careless.
The amount of extra money the court decides on depends on the case, but it has to make sense compared to the regular money the person might already have to pay. Remember, not every case can get these extra damages, and it’s up to the court to decide. If you’re thinking about suing someone for wrongful death in New York and you want these extra damages, talk to a lawyer who knows about these kinds of cases. They can help you understand what you can do.