Wrongful death claims
Wrongful death claims
Wrongful death claims arise when a human is killed as a result of willful misconduct and negligence of another person. The deceased victim's family or estate can file wrongful death lawsuits against the offender or defendant. But a wrongful death lawsuit need not necessarily lead to conviction of the defendant who is implicated in the crime.
Wrongful death statutes supported widows and orphaned children in recovering financial losses in case of death of the earning member due to negligence. A defendant acquitted in a criminal lawsuit can be sued in a civil litigation in a wrongful death case. So, wrongful death claims are independent of criminal lawsuits and their outcomes.
Events leading to wrongful deaths
Wrongful death claims can arise due to:
· Medical malpractice
· Auto accidents
· Product defects
· Physical assaults, battery, manslaughter, murder
· Death perpetrated as a series of crimes
· Airplane accidents
· Occupational hazards
· Construction mishaps
The following factors constitute the cognitive content of a wrongful death claim:
· Death of a person
· Death due to negligence or wrongful conduct with intentions to cause malicious harm
· Death leading to financial distress of the dependent family or estate
· The institution of a legal representative for the deceased victim's estate
The New York Surrogate Court appoints the legal representative of the deceased victim who is the only person authorized to file a wrongful death lawsuit in the state of New York. The onus is on the plaintiff (legal representative) to prove that the defendant:
· Negligently and intentionally caused malicious harm and death
· The deceased victim has a dependent family - spouse and children
· The dependent family has suffered financial distress due to the death in the family
A wrongful death lawsuit can be filed to recover only two aspects:
· Financial loss
· Reparation for conscious pain and suffering of the dead victim
The pain & suffering [grief & mental agony] of the surviving family will not be covered by wrongful death claim.
Wrongful death recovery
The estate can recover:
· Loss of earnings between the time of injury and time of death
· Medical expenditure prior to death of the victim
· Funeral expenses
· Dependent family's cost toward support services
· Cost toward parental nurturing and education of dependent children
Statute of limitations for wrongful deaths in New York
Wrongful death claims may involve several complex interpretations and concomitant legalese. As long as the defendant is not the government, legal representatives of victim's family can file a wrongful death claim in the courts of New York within two years from the date of death. If the time limit is exceeded, the family may not be eligible to file a wrongful death claim at all. To know more about the statute and the limitations, you should contact a New York wrongful death attorney for more information.
The quantum or amount of financial loss otherwise known as pecuniary loss, due to wrongful death can be calculated based on the following factors:
· The age
· Overall health condition and life expectancy
· Loss of earnings
· Loss due to medical expenses
· Loss of support
· Loss of prospective inheritance
· Funeral expenses
Contact us now to schedule a free consultation
Our New York wrongful death attorneys can help you recover financial claims for complications caused by wrongful deaths in your family due to negligence. Here is our #: 212 697 9280. Rosenberg, Minc, Falkoff, & Wolff (RMFW) have law offices located in Astoria, Queens, New York City and two locations in Brooklyn.
RMFW gets the job done. Do you want to increase the size of your bank account? Do you have bills to pay and have trouble paying them because of someone else's negligence? Call us now at 212 697 9280. You paying nothing up front. We are paid when you are paid.
Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."
The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.
The death of a child in hospital is something that is dreaded by all hospital staff, yet it is a...