It can be heartbreaking to lose a loved one, especially when the loss is unexpected. When a person dies as the result of an accident or intentional act, that person’s family could pursue a lawsuit. These lawsuits can compensate the family for the costs directly associated with the death and provide payments to cover the financial effect the death will have on the family.
A Brooklyn wrongful death lawyer could help the family of the deceased hold the responsible parties liable in civil court. A compassionate personal injury attorney could work to bring peace of mind and financial stability back into peoples’ lives.
When an untimely death is the result of another person’s actions, either due to an accident or a criminal act, the family of the deceased may bring a case forward.
A case that alleges a wrongful death due to an accident is similar to any other lawsuit alleging personal injury. While the defendant in the case did not necessarily intend to cause the death, they nevertheless caused the death because of their negligence.
Wrong death lawsuits commonly involve car accidents. When another driver was speeding, failed to yield, or even drove under the influence, that driver is responsible for the consequences of their actions, including when they result in a death.
Deaths resulting from criminal activities may also be intentional. When the defendant in a personal injury case is also facing criminal charges brought by the state, the result of a criminal case does not have bearing on the civil case. However, a guilty verdict in criminal court may not guarantee a successful civil case but is a strong piece of evidence. Likewise, an acquittal in criminal court does not bar a civil lawsuit.
New York law allows families to recover two types of compensation in a wrongful death lawsuit. The first type provides compensation for costs directly associated with the death. This may include all outstanding medical bills, burial costs, funeral costs, and any lost earning potential of the deceased.
The second type provides compensation for the emotional trauma of family members. This can include compensation for the emotional suffering of the decedent’s family and payments for the value of lost parenting to any surviving children.
Under state laws, there is no limit on the damages a plaintiff may claim in a wrongful death lawsuit. For help with recovering damages, contact a dedicated Brooklyn wrongful death lawyer.
People who recently endured the loss of a loved one may be worried about the future. Dealing with the emotional trauma of the death is difficult, especially in the face of financial concerns.
A Brooklyn wrongful death lawyer could handle a family’s case with compassion and diligence. From an initial consultation to potentially a final trial, an attorney could provide legal representation that is sensitive to a family’s needs. Since plaintiffs may only file a wrongful death claim up to two years after the date of death, contact a lawyer to discuss the case as soon as possible to protect your legal right to compensation.
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