Nassau County Wrongful Death Lawyer
A wrongful death claim is similar to a personal injury claim, with the exception that they are much more severe and the personal injury has actually caused the death of the individual. When this occurs, certain family members may be able to file a wrongful death claim with the help of a Nassau County wrongful death lawyer. An experienced injury lawyer can assist in determining what damages may be available and assisting in their recovery. En Español.
Causes of Wrongful Death
Any time a person has died and that death was the direct result of negligence or wrongdoing of someone else, it may be considered a wrongful death case. The most common cause of wrongful death in the United States is traffic accidents, but there are others that a Nassau County wrongful death attorney can help with including:
- Pedestrian accidents
- Bicycle accidents
- Premises liability, such as failing to properly secure a premises
- Workplace accidents
- Construction accidents
What Does the Plaintiff Need to Prove in a Wrongful Death Claim?
While the death of a loved one is always devastating, it is not always a wrongful death case. In order for a claim to be made, those pursuing the claim must be able to prove:
- That the defendant had an obligation or duty to the victim
- That the defendant breached that duty
- That the breach of duty directly caused the death
- That the surviving family members have experienced, or are experiencing, losses as a result of that death
In some cases, the obligation or duty of care the defendant owed the deceased is obvious, such as in cases where there was a patient/doctor relationship. However, in other cases, that duty of care may not be as obvious. But that does not mean it does not exist.
This may be the case when a reckless driver has hit another driver and the car crash resulted in the death of another person. Every driver on the road has a duty of care to operate their vehicle in a manner that is safe for other drivers on the road. When they fail to do so and death occurs as a result, the family of the deceased may have a valid wrongful death claim and should consult with a skilled Nassau County attorney.
How Could Someone File a Wrongful Death Claim?
Unlike some other states, where any family member can file a wrongful death claim, in New York, only the personal representative of the deceased’s estate may do so. This representative will be decided by the surrogate court, although in most cases the representative will be the executor or administrator of the will. If there is no will or the representative is not in a position to file a claim, the surrogate court will appoint one.
Wrongful death claims are also unlike personal injury claims in the statute of limitations they carry. In Nassau County, personal injury claims have a statute of three years, while most wrongful death statutes are only two years from the date of death.
How a Nassau County Wrongful Death Attorney Can Help
Experiencing the loss of a loved one is extremely difficult, and during this time many people are not thinking about financial compensation. However, that compensation can greatly help with funeral costs, medical expenses, and any income the family has now lost due to the death of a family member. If you have lost a loved one and believe someone else is to blame for the death, call an experienced Nassau County wrongful death lawyer at Goldstein and Bashner that can help.