Filing a Wrongful Death Claim in New York

When someone is killed as a result of another's negligence, a wrongful death lawsuit may help surviving loved ones recover damages.

2012-11-01

November 01, 2012 (Press-News.org) Losing a loved one in an accident can be emotionally and financially trying for family members, especially if the negligence or recklessness of another caused the fatal incident. Fortunately, families of those killed due to someone else's negligence or misconduct can hold this person accountable through a wrongful death lawsuit.

What Is a Wrongful Death Lawsuit?

Wrongful death lawsuits allow the immediate family of someone killed in an accident to be compensated for the monetary injury they have suffered as a result of the loss of their loved one. In order to be held accountable for someone's wrongful death, an individual, company or other entity must have acted negligently or intended to do harm to the fatally injured individual.

To be eligible to claim wrongful death, family members must prove their loved one's demise was caused by the negligence or misconduct of the accused party and that they are suffering a financial injury due to the decedent's death. Since wrongful death lawsuits are brought in the name of the decedent's estate, not the names of family members, a personal representative of the estate must also be present.

What Types of Damages Can Be Recovered in a Wrongful Death Lawsuit?

Courts may award immediate family members compensation for loss of financial support and services, loss of future inheritance and funeral expenses. Additionally, courts may also allow the estate of the deceased to recover damages for his or her medical expenses, pain and suffering prior to death. This award can then be distributed to beneficiaries through the estate.

What Types of Incidents Cause Wrongful Deaths?

Many types of incidents may cause someone's wrongful death. All of them involve the negligence or willful misconduct of an individual, company or other entity. Fatal motor vehicle accidents in which the at-fault driver was negligent or reckless in some manner, such as running a red light or driving while intoxicated, cause wrongful deaths. Likewise, doctors who make fatal medical mistakes may also be held responsible in a wrongful death lawsuit.

Other examples of incidents that involve a wrongful death are exposure to hazards at work or other work accidents, criminal acts and a fatal accident that occurs during a supervised activity, like a school sporting event.

How Does New York Determine Who May Recover Damages in a Wrongful Death Lawsuit?

In New York, the personal representative of the estate of a lost loved one can file a wrongful death lawsuit against the responsible party. Damages can be awarded to immediate family members, who include surviving spouses, children or the deceased's parents if no spouse, children or grandchildren are present.

The law gives priority to the surviving spouse and children, who may receive all or part of the award depending on the circumstance. If the deceased has no surviving spouse or children, his or her parents are eligible to receive the whole award. Lastly, the brothers and sisters of the deceased may be eligible to receive the whole award if no spouse, children or parents are present.

If you and your family have lost a loved one in an incident caused by a negligent party, please contact an experienced personal injury attorney who can guide you through filing a wrongful death claim and help you recover any compensation to which you may be entitled.

Article provided by Smiley & Smiley, LLP
Visit us at http://www.smileylaw.com/

ELSE PRESS RELEASES FROM THIS DATE:

Business Implications of Proposed Cyber Legislation

2012-11-01

A number of Internet laws that aim to protect intellectual property rights online have been proposed in recent months. While only one piece of legislation has passed, proposed bills could have implications for business owners. ACTA: Anti-Counterfeiting Trade Agreement So far, the only recent cyber law to be passed is ACTA, which is really an agreement between nations rather than a law passed by Congress. ACTA allows court orders to be brought against companies that infringe on the intellectual property rights of other firms. Under ACTA, businesses may sue websites ...

Statute of Limitations: Understanding the Window of Time Creditors Can Pursue a Debt in Georgia

2012-11-01

Millions of consumers today rely on the use of credit to pay for everyday expenses like vehicles, groceries, and clothes. Credit card debt, in particular, has skyrocketed to over $1 trillion. However, debtors should understand that there is a period of time, known as a statute of limitations (SOL), that creditors can file a lawsuit against the debtor to collect the debt. The Statute of Limitations The SOL is a certain window of time when a creditor can sue a debtor for failing to pay a particular debt. Generally, the SOL begins to run when cause of action accrues. ...

10 Things to Know When You're Dealing With Insurance Companies After an Accident

2012-11-01

One of the more complicated aspects after a car accident is dealing with the insurance company. Usually within a few days of an accident, you will be contacted by an insurance adjuster who will want to try to settle your claim as quickly as possible. Here are 10 things you should be aware of when dealing with the insurance company: 1. Insurance adjusters are trained negotiators. Regardless of how helpful your insurance adjuster may seem, he or she is not looking out for your best interests. An insurance adjuster's job is to protect the interests of the insurance ...

Arizona Bankruptcy Law Permits Keeping Additional Assets, Court Says

2012-11-01

According to a recent article by Reuters, consumers face a bleak 2013 as both healthcare and food costs are likely to rise next year - with increased tax burdens also looming on the horizon. This is likely the worse time for such news as the economy is still struggling to grow after a disastrous few years. The sluggish economy has taken its toll on almost every area of the financial world, including the decimation of retirement funds and "underwater" mortgages. However, for many people there is help out there in the form of bankruptcy. Many in Arizona have ...

Gifting Now Can Potentially Save Millions Later

2012-11-01

In her book "Living History," Hillary Rodham Clinton said, "Fail to plan, plan to fail." While this advice has general application it is especially pertinent to estate planning. Consider two wealthy men, Sam Walton and Elvis Presley. After their deaths, Walton's family continued to be wealthy while Presley's did not, all because of Walton's estate planning and use of gifting assets. In fact, the Walton heirs paid no estate tax while Elvis' estate handed over 73 percent of its value to the government. With the Tax Relief, Unemployment Reinsurance and ...

Georgia Bars May Be Liable for Passengers Injured in Drunk Driving Accidents

2012-11-01

Recently, a group of friends' night out at a bar in southwest Atlanta ended in a deadly crash. After allegedly becoming intoxicated, one individual wanted to drive her friend home. The security guard at the bar noticed she was under the influence of alcohol, however, and took away her car keys. Shortly thereafter, the guard gave the keys to another individual in the group of friends, allowing them to leave the bar. According to a passenger in the car, the woman who was given the keys by the security guard drove them a short distance away, before getting out of the vehicle ...

A Primer on Class Actions

2012-11-01

The class action. It is a legal construct, invented years ago, to make it possible for many people who are all dealing with the same issue to join in litigation, thus making it less expensive and hopefully less stressful for themselves. Famous class actions -- like the case against Pacific Gas & Electric chronicled in the movie "Erin Brokovich," as well as the 125,000 plaintiffs who banded together to sue Wyeth Pharmaceuticals for damages caused by the popular diet drug Fen-Phen -- have shined light on this area of the law and proven to the public that single ...

Resolving Child Custody Disputes in Georgia

2012-11-01

When the parents of a child do not live together -- either because of a divorce or because they were never married -- Georgia courts will step in to determine who will be granted custody. In Georgia, there are two sides to most child custody cases: physical and legal custody. Physical custody refers the parent with whom the child lives most of the time. In most cases, one parent will be granted primary physical custody and the other will be granted visitation and parenting time. Legal custody involves the power to make important decisions about the child's upbringing, ...

Massachusetts Sex Offender Registry Requirements

2012-11-01

Massachusetts requires most sex offenders to register on the state's sex offender registry. Since the state imposes stiff penalties for offenders who fail to comply with its strict registry requirements, it is imperative that those who have served time for sex offenses understand the law and their obligation to register. Who Is Required to Register on Massachusetts' Sex Offender Registry? All Level One, Two and Three sex offenders who work, live or go to post-secondary school in Massachusetts are required to register as a sex offender with the state. Level One offenders ...

New Tools Help Families Identify Abusive Nursing Homes

2012-11-01

Elder abuse is an increasingly common occurrence in the United States. Between 500,000 and one million reports of the criminal behavior filed each year. Now, two online tools allow users to identify nursing homes treat their residents well and those that tend to neglect or mistreat the elderly in their care. Nursing Home Compare and Nursing Home Inspect The Centers for Medicare and Medicaid have made good on a promise to upload the full texts of 15,000 nursing home inspection reports. Prior to this change, users could use Medicare's online ranking tool Nursing Home ...

LAST 30 PRESS RELEASES:

New way to find “aged” cells marks fresh approach for research into ageing

From blood sugar to brain relief: GLP-1 therapy slashes migraine frequency

Variability in heart rate during sleep may reveal early signs of stroke, depression or cognitive dysfunction, new study shows

New method to study catalysts could lead to better batteries

Current Molecular Pharmacology impact factor rises to 2.9, achieving Q2 ranking in the Pharmacology & Pharmacy category in 2024 JCR

Stable cooling fostered life, rapid warming brought death: scientists use high-resolution fusuline data reveal evolutionary responses to cooling and warming