Bay Shore Wrongful Death Lawyer
Most people make a full recovery after a personal injury, and even if they suffered permanent disability, they could sue the at-fault parties for their losses. However, some personal injury cases involve a victim who passed away due to an accident. These are known as wrongful death claims.
A wrongful death claim is appropriate when a defendant would have otherwise carried blame for a personal injury had the victim not passed away. As a result, the decedent’s family gains the legal option to pursue an at-fault defendant for damages.
A Bay Shore wrongful death lawyer could help you if a loved one has passed away because of another party’s actions. An experienced personal injury attorney could help you pursue claims for damages against private citizens, corporations, and insurance companies who may share liability following a wrongful death.
Untimely Death as a Cause of Action in Bay Shore
According to state law, a death may be classified as wrongful and compensable if the conduct of a defendant would have given rise to a personal injury lawsuit had the decedent survived. Incidents that may justify a claim for wrongful death include the following:
- Car accidents
- Premises liability claims
- Medical malpractice
- Defective products
According to New York Estates, Powers & Trusts Law §5-4.1, a decedent’s personal representative could serve as the plaintiff in a claim for damages resulting from a wrongful death. These representatives must bring the action on behalf of the decedent’s estate, even if that representative is a member of the estate. Further, this same statute places a time limit on wrongful death claims. Plaintiffs must usually initiate a claim within two years from the date of death. However, if the wrongful death is connected to a criminal act, the time limit extends to one year beyond the end of the criminal case, regardless of its outcome. A skilled Bay Shore wrongful death attorney could help people understand the legal nuances that may affect their claim.
Recoverable Damages in a Civil Action Claim
A wrongful death claim must consider the effect of the death on the decedent’s family. According to New York Estates, Powers & Trusts Law §5-4.3, a jury in a wrongful death claim has the power to award any damages that they deem necessary to compensate a decedent’s family, and the statute also notes that reasonable expenses for medical aid, nursing care, and funeral expenses are always included in this calculation.
In addition, many wrongful death claims demand payments for:
- Loss of companionship
- Loss of consortium
- Loss of income that the decedent would have provided
- Loss of guidance to children
A compassionate wrongful death lawyer in Bay Shore could help family members of the deceased measure their losses and demand appropriate payments from at-fault defendants.
A Bay Shore Wrongful Death Attorney Could Help
The unexpected loss of a loved one is never an easy thing to bear, and you may need to consider how this loss will affect your future. Especially in cases of a death of a parent to young children, the sudden lack of parental guidance and income could have a permanent impact on children.
A Bay Shore wrongful death lawyer could help you investigate the death to determine whether another party carries liability, keep track of any criminal cases where a conviction could serve as evidence of defendant fault and advocate for your family’s rights in settlement talks and court proceedings to bring you the payments necessary to move forward in your life. Call today to schedule an appointment.