If you lose a loved one because of someone else’s negligence, you may be able to bring a claim to get compensation for the damages you suffered. We are terribly sorry if you are facing this right now, and our Queens lawyers would be honored to represent you in your pursuit of justice. To learn about the causes of wrongful death, please keep reading. Give our office a call to schedule a free consultation if you believe you have a claim.
What is a Wrongful Death Claim?
Wrongful death claims are for the families of the person who gets fatally injured because of someone else’s negligent actions. The causes of wrongful death are not the same as criminal cases of murder or homicide.
Suppose a criminal shot someone in a mugging in the parking ramp of their office. The mugger would likely be charged with homicide. However, if a lawyer found that the property owner took no security measures to account for the rise in violent crimes in the area, the property owner of the parking ramp could be held legally at fault for the victim’s death. It would be a wrongful death case based on the property owner’s negligence.
Common Causes of Wrongful Death
The most common causes of wrongful death are auto accidents (including bike and pedestrian accidents), medical malpractice, slips and falls, dog attacks, construction, and industrial accidents.
You should be aware of a caveat if you are planning to file a claim for wrongful death. There must be a liable party in the case.
If, for instance, your loved one had a surgery where they fully understood the risks but did not make it, that may not be a wrongful death case if the doctors worked to the best of their ability and did not stray from the standard of care.
Please keep reading to learn more about liable parties.
Who Can File a Claim for Wrongful Death?
Every state has slightly different laws regarding who can file a wrongful death case. In New York State, the one person allowed to file a claim and receive wrongful death compensation is the deceased’s executor of their estate. However, the executor acts on behalf of the victim’s family, including spouses, children, and parents.
The damages that the executor files for include medical bills incurred by the deceased, funeral/burial costs, loss of an inheritance, and loss of wages or benefits the deceased would have earned.
How to Prove Your Claim
When determining liability in claims we handle, we begin by looking at the causes of wrongful death. For example, if a loved one’s death was caused by an auto accident, we know we will need to investigate the collision to see if there was negligence involved.
The most straightforward task in proving your claim is by providing the death certificate for your loved one.
Your lawyer must provide substantial evidence to back the claim that someone else’s actions led to your loved one’s death. We can bring in expert witnesses to provide compelling testimony if needed. We also collect evidence such as medical records, CCTV footage, black box records from vehicles, etc.
Call Our Queens Lawyers for a Free Consultation
If you have lost a loved one in an accident caused by someone else’s negligence, our Queens lawyers want to help you get justice. You and your family may be entitled to compensation, and we would be glad to answer your questions if you need more information about the possible causes of wrongful death. Reach out today to schedule your free consultation to discuss your claim with our skilled lawyers.