If you believe that a loved one died as a result of another personâ€™s negligence, then you may be researching in an attempt to find out if you have grounds for a wrongful death suit. If the court finds in your favor, then you or other family members might be entitled to damages to compensate you for your loss.
A wrongful death suit can follow a criminal case in the event of misconduct or negligence. A successful wrongful death lawsuit in this situation adheres to a lower standard of proof known as preponderance of the evidence.
The personal representative of the victimâ€™s estate can bring the case forward to demonstrate negligence or intent. The case is brought forward to help compensate family members who may be suffering financially in the aftermath of a lost loved one. In order for a case to qualify as wrongful death, it must be clear that someone elseâ€™s negligence caused the death of the person in question and that this death has caused family members sustain a financial injury as a result.
There are several common situations that tend to serve as triggers in a wrongful death case. These include medical malpractice, occupational accidents, and vehicle crashes. Damages depend on the facts of the case, but New York is a pecuniary damages state, economic loss is not strictly limited to the lost earnings associated with the decedent. In the event that you believe you have grounds for a wrongful death case, then you need to consult with an accident attorney in New York to determine the full scope of what may be available to you. Only an experienced attorney should handle a complex wrongful death case, as it requires an in-depth analysis of many factors at play. This situation often warrants insight from outside experts to help determine financial damages. Jayson Lutzky is a personal injury and accident attorney who handles wrongful death cases. He has over 32 year of experience practicing law and offers free in-person initial consultations. Call 718-514-6619 to set up an appointment and visit www.MyNewYorkCityLawyer.com to learn morea about Mr. Lutzkyâ€™s office.