While many deaths result from natural causes, natural disasters, or unavoidable coincidences, others are traceable to the actions of other parties. A wrongful death lawsuit is appropriate if the negligence or intentional act of another party caused a death.
While a defendant may be liable for a death through their negligence, pursuing these claims requires careful consideration of the available compensation and the impact that the death has had on the decedent’s family. Many wrongful death claims can bring out intense emotions and the outcome can affect a family’s future for years to come.
A Nanuet wrongful death lawyer from StolzenbergCortelli, LLP might be able to help families obtain justice for the loss of a loved one. Our determined personal injury attorneys could identify if a wrongful death lawsuit is appropriate and take all necessary steps to protect the legal rights of surviving family members.
Not every death can trigger a lawsuit. It would only be appropriate if a defendant acted in such a way that would have permitted the victim to bring a personal injury lawsuit had they survived the event. According to the Laws of New York § 5-4.1, this includes instances of neglect, default, and abuse.
As a result, a wrongful death lawsuit is appropriate whenever another party is liable for the incident that resulted in the death. The defendant’s motivations or intent leading up to the incident are irrelevant. Additionally, all defendants are liable for the results of their actions, no matter how severe the resulting injuries may be. Common incidents that can give rise to wrongful death lawsuits in Nanuet include:
To prevail in a wrongful death claim, a plaintiff needs to meet the elements of each of the above causes of action. In most cases, this also involves defeating allegations of contributory negligence. New York Civil Practice Law and Rules §1411 says that plaintiffs in any case centered around an accident may need to justify their own actions leading up to the incident.
If the defendant can introduce evidence that places even one percent of the blame on the decedent, the case will fail to bring the full payments that a family deserves. A wrongful death attorney from StolzenbergCortelli, LLP could help build a case against negligent defendants in Nanuet.
Normally, the purpose of a personal injury claim is to make the injured party whole again, which is impossible in cases where the injured party has passed away. Instead, a wrongful death case aims to provide comfort and compensation to a decedent’s family. Plaintiffs in these cases serve the interests of the decedent’s family and can only be the decedent’s personal representative. These representatives gain their powers through a decedent’s will or as the result of a probate court appointment.
The sole purpose of these cases is to obtain the payments needed to cover a family’s losses. This often includes medical and funeral bills, lost earnings from the decedent’s job, and payments for emotional pain and lost companionship.
One of the lawyers on the StolzenbergCortelli, LLP team could help measure how the death has affected the lives of the decedent’s family, then make demands for appropriate payments from all liable defendants.
The losses that your family suffers after a death can reach into every part of your life. In addition to the emotional aspect of a death, you will also need to consider how to pay for medical bills and funeral costs, and the impact that the death will have on your future finances. This is especially true if the decedent was the primary earner in the family.
Pursuing a wrongful death lawsuit could provide comfort and financial security by holding responsible entities liable for the negligence or acts of violence that resulted in a death. Reach out to StolzenbergCortelli, LLP, and contact a Nanuet wrongful death lawyer today to discuss your options.