Wrongful Death Lawyer Yonkers, NY
What is a Wrongful Death?
Wrongful death is a legal term used to specify the taking of an individual’s life through another’s irresponsible, willful or intentional action. When a person dies through the wrongful conduct of others, the decedent’s beneficiaries and lawful beneficiaries can take legal action through a wrongful death lawsuit. Filing a suit is a civil court action used as a way to acquire financial settlement based on the total losses of survivors. Reach out to a Wrongful Death Lawyer in Yonkers, New York by contacting Greenspan & Greenspan P.C.
Wrongful death claims are filed on behalf of survivors for all types of accidents or occurrences where a person has died due to negligence. Lots of claims involve accidents due to the following:
- Medical errors
- Product liability
- Unsafe prescription drugs
- Deadly vehicle accidents
- Nursing home neglect
- Commercial truck accidents
- Faulty tires
- Drunk driving
- and many more
Who Can Sue?
The decedent’s survivors suffering damages or their legal representative may submit a wrongful death claim or lawsuit. Any “genuine party of interest,” as specified by law, can demand remuneration. Most survivors in a wrongful death civil action often consist of immediate family members, such as the spouse, children, or mothers and fathers of any unmarried child. Each of these have the legal right to get financial payment from an accountable party through a wrongful death action.
In some incidents, distant relatives consisting of grandparents, brothers and sisters have the legal right to file a wrongful death lawsuit or claim. As an example, grandparents raising children may have the chance to bring legal action against all negligent parties.
Additionally, mothers and fathers of a deceased newborn can file a wrongful death claim to recuperate psychological and financial losses.
To sue or file a claim for wrongful death, survivors or their legal agents need to prove that specific actions or omissions of actions of the offender likely triggered deadly injuries or death of the decedent. Complainants must demonstrate how the careless or willful conduct of the accused developed into a particular series of events that led to the wrongful death.
Who Can Be Sued?
A wrongful death civil action can be submitted against individuals, doctors, medical personnel, hospitals, government agencies, and businesses, to name a few. Here are some examples:
- Motorists discovered to be negligent in an automobile accident
- Industrial truckers at fault for a fatal crash
- Physicians in a medical malpractice case
- Dining establishments, liquor stores, and bars providing or offering alcohol to a currently impaired driver
- Federal government agencies failing to effectively maintain highways or provide cautionary signage regarding road threats
- Vehicle producers, suppliers and installers concerning dangerous automobile parts, tires and brakes
Survivors of the decedent frequently suffer substantial financial losses as well as emotional losses. Because of this, they may look for monetary compensation. Payments may include compensation for the following:
- Current and future lost earnings from the decedent
- Compensatory damages for loss of consortium
- Lost potential of inheritance
- Funeral and burial expenses
- Home damage
- Outstanding medical expenses related to the event
- Grief, anxiety, pain and suffering
Wrongful death is a legal term used to define the taking of an individual’s life through another’s irresponsible, willful or intentional action. When a specific person passes away through the wrongful conduct of others, the decedent’s successors and lawful recipients can take legal action through a wrongful death claim. Submitting a suit against all accountable parties is a civil court action used as a way to get financial settlement based on the overall losses of survivors. Though nothing can replace the loved one, obtaining financial compensation can help families find peace and stability as they attempt to move forward.
Call a Wrongful Death Lawyer in Yonkers, New York by contacting Greenspan & Greenspan P.C., today.
Common Myths About Wrongful Death Cases
If your loved one was killed because of another person’s negligence, you have the right to pursue compensation. However, you might have heard various misconceptions about these cases that are making you hesitant. Here are some common myths a wrongful death lawyer in Yonkers, NY doesn’t want you to believe:
- Wrongful death lawsuits are all about money. It’s true that people file wrongful death lawsuits to obtain compensation for their deceased loved one’s medical bills, funeral and burial costs, loss of future income and other damages. These costs can easily cost thousands of dollars and that’s too much of a financial burden to bear. However, these lawsuits aren’t solely about money. They also hold negligent people accountable for their actions.
- The insurance company will give you a fair settlement. Many people think that insurance companies will sympathize with them if their family member died due to someone else’s negligence. However, you must remember that insurance companies care about their bottom line first. Even if there is substantial evidence that the death resulted from negligence, they may still try to get out of paying you what you deserve.
- There’s no time limit to file a wrongful death lawsuit. This is not true at all. In the state of New York, you have two years after the person’s death to file a wrongful death lawsuit. After the deadline has passed, you will no longer be eligible to pursue compensation. That is why it is critical to discuss your case with a lawyer promptly.
- It isn’t necessary to hire a lawyer. If you plan to file a wrongful death lawsuit, it is absolutely necessary to work with a skilled wrongful death lawyer in Yonkers. A wrongful death lawsuit can involve many complexities and be stressful to deal with. A lawyer can handle all the legwork so that you can properly grieve. This type of lawyer will also most likely work on a contingency basis, so you will not owe money upfront.
- You can’t file a wrongful death lawsuit if the death was an accident. Just because someone didn’t intentionally kill your loved one, does not mean that you can’t pursue a legal claim. Intent isn’t a factor considered in wrongful death cases. Therefore, if your family member died in a car accident or slip and fall accident, you can still pursue compensation.