What Is Considered Wrongful Death
What Is Considered Wrongful Death?
A wrongful death case is a legal matter brought by loved ones after a person dies as the result of another party’s carelessness or recklessness. Generally, if the person who passed away could have had the basis of a personal injury claim had they lived, then their passing is considered wrongful death. The decedent’s beneficiaries can recover compensation for the damages associated with their passing.
There are many different types of accidents that can lead to a wrongful death claim, including car and motorcycle accidents, construction or workplace accidents, premises accidents, and police and firefighter line-of-duty accidents. If you lost a loved one in any type of situation where someone else is at fault, then you should consider speaking to an attorney about your legal rights.
Wrongful Death Accidents in New York
Wrongful death accidents can happen in many different ways. Car accidents are among the leading causes of wrongful death in New York City. Between 2012 and 2014, roughly 1,098 people died in motor vehicle crashes, according to the New York State Department of Health. Almost any type of car accident can lead to wrongful death, but accidents that happen at high speeds, such as T-bone collisions, are particularly dangerous.
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Construction Accidents Can Be Fatal
There are many other ways that you may unexpectedly lose a loved one in an accident. Construction accidents also claim the lives of thousands of people each year. According to the Occupational Safety and Health Administration (OSHA), 5,250 construction workers lost their lives in 2018. Construction sites are inherently dangerous. If someone makes a mistake while using machinery or setting up scaffolding, then the outcome can be fatal.
Pedestrian Accidents Can Have Deadly Consequences
Pedestrians in New York are also at risk of harm. Major metropolitan areas of New York, like New York City, have constant foot traffic and congestion. There are also countless people that visit the area on a regular basis, either for business or pleasure. With so many people moving through the area, and many of them in a hurry, pedestrian fatalities are unfortunately common. In 2018, according to the Institute for Traffic Safety Management and Research (ITSMR), 936 pedestrians were injured or lost their lives in traffic-related accidents. When drivers do not uphold their duty of care, their actions can have fatal outcomes.
Premises Liability Incidents Pose a Threat to Visitors
Some fatalities happen when property owners do not keep their properties in safe conditions. If you lost a loved one because of injuries they suffered on another party’s property, you could have the basis of a wrongful death case. Some premises liability incidents that can result in wrongful death include slip, trip, and fall accidents, dog bites, elevator malfunctions, and negligent security incidents.
There are other scenarios that can be considered a wrongful death. Such scenarios include police and firefighter injuries, medical malpractice, and nursing home abuse. If you lost a loved one, you may have the basis of a wrongful death claim or lawsuit. Again, you should consider speaking with a lawyer about your legal recourse options.
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Compensable Losses in a Wrongful Death Case
If the evidence supports your wrongful death claim, your lawyer can file an insurance claim or bring a lawsuit against the at-fault party. A financial recovery compensates your family for your loved one’s suffering before death and recoups any economic damages you suffered as a result of the fatality.
There are many different types of damages that you may claim depending upon the unique facts, circumstances, and evidence of your case. They include:
- Pain and suffering: Compensate the family for the pain and trauma their loved one endured due to their accident.
- Loss of support: The value of care that the lost loved one provided to family members.
- Loss of guidance: The value of the parental guidance, care, and nurturing that children would have received from the decedent.
- Medical expenses: Compensation for medical bills related to the accident, like emergency vehicle transportation, hospital fees, and life support.
- Loss of income: The value of the decedent’s income that their family would have received.
- Funeral and burial costs: Compensation for the funeral and burial fees associated with laying your loved one to rest.
You may be able to claim additional damages not included here. An experienced wrongful death lawyer can review your case, determine the full extent of your losses, and answer any questions you may have about New York state wrongful death settlements.
Call Dansker & Aspromonte Associates LLP for a Free Case Review
At Dansker & Aspromonte Associates LLP, we represent clients throughout the New York City metropolitan area, including Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and Nassau and Suffolk Counties. Since 1988, we have recovered over $500 million in damages for our clients. We recently handled a wrongful death case where we were able to secure a $21.5 million recovery for a family who lost their loved one in a motor vehicle accident.
To begin a free case review, call our office. If we agree to accept your case, you will not be required to pay us any money upfront. We advance all expenses to investigate and fight your case, and only receive a legal fee when we recover compensation for you. Our lawyers are ready to fight for you. Call or text (212) 732-2929 or complete a free case evaluation form now.
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What Situations Warrant Wrongful Death Claims?
Wrongful death suits allow family members to seek justice for a loss of life in the form of financial compensation. Therefore, if you lost a loved one due to someone else’s negligence and the death caused your family to undergo losses, you may be eligible to pursue a wrongful death claim.
The Centers for Disease Control and Prevention (CDC) reports that unintentional injuries are the third-leading cause of death in the U.S. These accidents form the basis of wrongful death claims.
Examples of unintentional accidents include:
- Medical malpractice: A medical professional breaches their duty to provide reasonable care to all patients.
- Nursing home neglect: Nursing home staff fail to provide adequate care to residents.
- Motor vehicle accidents: Negligent car, truck, bus, or motorcycle drivers cause the death of your loved one.
- Workplace accidents: Employers fail to provide safe workplaces, resulting in fatal accidents.
- Premises liability: Property owners or occupiers do not maintain secure premises, and their negligence causes fatal injuries.
Receiving a Wrongful Death Settlement
There is no way to know how long it will take to settle a wrongful death claim. Every case is unique. The timeline typically depends on how quickly you pursue legal action, the complexity of the claim and if the liable insurance company agrees to make the settlement.
Once your wrongful death lawyer gathers and evaluates all evidence of fault and damages, they can determine a fair recovery, which they demand from the at fault party or parties.
Hire a Lawyer to Prove Your Wrongful Death Claim
It can be challenging to prove a wrongful death claim. In the wake of losing a loved one, taking legal action can be emotionally draining. But a wrongful death attorney from Dansker & Aspromonte Associates LLP can assist by gathering the necessary evidence to support your claim while you and your family focus on healing. We have been fighting for injury victims and their families since 1988.
Contact our law firm if you reside in the New York City metropolitan area and want to learn more about filing a wrongful death claim or lawsuit. Our team of experienced wrongful death lawyers is always ready to help you. Call for a free consultation now. If we agree to accept your case, you will not be required to pay us any money upfront. We only collect a legal fee when you recover compensation.
Call or text (212) 732-2929 or complete a free case evaluation form.
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