Losing a loved one is always one of the most heart-wrenching and difficult times for a family. It is even harder to bear if the loss was unexpected and preventable. Not every death is the fault of someone else, but any death that results from an activity that would otherwise justify a personal injury lawsuit is grounds for a wrongful death claim.
A Yonkers wrongful death lawyer is available at StolzenbergCortelli, LLP to help families during these turbulent times. We strive to hold individuals, companies, and government entities responsible for the actions that have led to an untimely passing. This includes demanding the compensation that you need to move forward with your lives.
Most deaths are the result of unavoidable causes, such as a person who dies of an acute disease or simply from old age. In these cases, there is no claim for wrongful death since no one was legally responsible. In some extreme circumstances, a medical malpractice claim may be appropriate, but for the most part, a death by natural causes does not apply.
It is also not a wrongful death if a person was at fault in their own accident. Single car crashes or incidents where the driver was negligent are usually ineligible for a wrongful death suit. A prominent exception is where a mechanical failure caused the death, such as when the brakes fail on their car. If the plaintiff can show that a mechanic improperly installed the brakes or that a manufacturer allowed a product defect to occur, an investigation of the facts may lead to a lawsuit.
Most wrongful deaths are the result of actions that would normally give rise to a personal injury claim. Under the Laws of New York § 5-4.1, car accidents, truck accidents, slip and falls, and construction injuries, among others, may all be causes of action for a lawsuit. Anyone who is unsure of whether an accident is eligible for a lawsuit should contact StolzenbergCortelli, LLP and speak with a Yonkers wrongful death attorney.
In a civil claim that does not involve a death, the plaintiff must be the injured person. Instances of wrongful death, the decedent’s personal representative must pursue the case on behalf of the decedent’s family. The representative files the claim on behalf of the decedent’s estate, including the decedent’s surviving family.
State law offers a two-pronged method for plaintiffs to recover damages in a wrongful death suit. The first involves the plaintiff claiming damages directly associated with the death. This includes funeral costs, medical bills incurred up until the death, and lost earning potential that the decedent would have provided to their family. The second category of compensation deals with the less measurable damages caused by the death, including:
It is extremely important for any claim to fully and accurately reflect the value that the loss of a loved one had upon their family. A StolzenbergCortelli, LLP wrongful death lawyer is ready to place a proper value on a case in Yonkers and demand appropriate compensation.
No amount of compensation can fill the void left by the death of a loved one. However, the decedent’s family should not have to bear the burden of medical costs, lost wages, and lack of companionship that results when a death is someone else’s fault. A Yonkers wrongful death lawyer at StolzenbergCortelli, LLP handles claims with both compassion and fierce determination.
We strive to provide peace of mind to a family while aggressively pursuing those responsible for the loss. Time is a factor, so as soon as you are ready, contact our law firm today.
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