Rockland County and New York City Wrongful Death Attorney
Have you lost a family member or a loved one as a result of negligence of another party?/span>
- Do not rely only on insurance companies.
- Contact a New York wrongful death attorney right away.
Have you lost someone you cared about in an accident in the State of New York? If they died as a result of “a wrongful act, neglect or default,” of another party who would be liable for personal injury if the death had not ensued, then according to N.Y. Estate. Powers & Trusts Law § 5-4.1 (2021) their death may qualify as a wrongful death and you may be entitled to recover damages.<.span>
What qualifies as “a wrongful act, neglect or default?”
There are many possible causes of wrongful death, the most common include:
- Incidents caused by negligence of another – accidents, such as a car accident, work accident, falls and collapsing structures
- Medical malpractice.
- Intentional torts – acts committed with intent to hurt or kill, such as criminal action.
Losing a person you love is a very difficult experience that nobody should have to go through alone. If your loss happened as a result of negligence or wrongful death, then you may be entitled to receive financial compensation with a wrongful death claim. While no amount of money can ever replace the life that was lost, support, pain and suffering and accountability are valid aspects of a financial recovery. Evan Goldberg is a compassionate personal injury attorney who helps clients with wrongful death cases. At Evan Goldberg Law you can count on your case receiving the attorney’s personal attention and a customized approach to your case. Call us for a free consultation today at 1 845-545-0448.
What damages can I recover in a Rockland County wrongful death lawsuit?
If your wrongful death action is successful the deceased person’s estate or their survivors will be awarded financial compensation to compensate them for the wrongful death and damages sustained by the deceased prior to death. The types and amounts of damages will differ from case to case but in previous cases in New York some of the damages that have been awarded include financial compensation for:
- Pain and suffering of the deceased.
- Funeral expenses.
- Healthcare costs.
- Financial support the deceased would have provided the family.
- Loss of guidance for children.
- Interest (from the time of death) on the damages.
Conditions for a Rockland Wrongful Death Lawsuit
Not every death caused by a sudden accident involving other parties is wrongful. Plaintiffs who want to file a New York wrongful death lawsuit have to meet certain conditions:
1. There has to be a “duty of care” existing under the circumstances.
2. Liable party or parties have to breach this duty of care.
3. Breaching the duty of care must be a cause of the victim’s death.
4. Deceased person’s family, through their attorneys, has to bring evidence of their losses and damages due to the death of their loved one.
Duty of Care
“Duty of care” depends on the situation, for example:
Drivers’ duties include: not speeding, paying attention to the road or avoid driving a faulty vehicle.
Manufacturers’ and distributors’ duties to their customers include: manufacturing products free from defects and malfunctions and placing properly positioned warning labels on products.
Property owners’, real estate owners’ and landlords’ duties include: maintaining safe property conditions, complying with building codes, periodically inspecting property and making necessary repairs, cleaning common areas, maintaining equipment such as boilers, stoves and radiators, as well as providing smoke and CO2 detectors, emergency exits etc.
Employers’ and supervisors’ duties include: ensuring that employees are familiar with safety codes, providing personal protective equipment and keeping work environments free from hazards.
2.Breaching a duty of care means failing to be responsible and that the conduct at issue constitutes negligence or carelessness; examples of breached duties include:
Speeding, driving under the influence, texting while driving, not paying attention, not seeing what there is to be seen, exceeding speed limits, in the case of New York car accidents.
Manufacturing and selling faulty products, products with hazardous ingredients or components, selling harmful tools or devices with dangerous malfunctions or without sufficient instructions or safety equipment or guarding, in cases of product liability claims.
Failing to keep safe property conditions in cases of premises liability for slip and fall or trip and fall accidents.
Failing to provide safety training, personal protective equipment and hazard free workplaces in cases of New York workplace accidents.
3. Plaintiffs, through their attorneys, need to bring evidence that the their loved one’s death results from other party’s negligent action, for example:
Driving too fast, texting while driving, driving under the influence which caused a fatal car crash and killed the victim.
Hazardous ingredients or components or product malfunction causing fatal accidents.
Unsafe property conditions or lack of proper safety equipment, ladders and scaffolding, which causes the victim to fall from a height, resulting in deadly injuries.
Employees not being aware of possible hazards because the employer failed to provide proper safety training or the lack of personal protective equipment like a helmet, goggles, lifelines, safety harness, scaffolding and ladders, which cause a fatal injury.
4. Losing a loved one prematurely and unexpectedly is always devastating, however, plaintiffs need to prove their losses and damages. While it is easy to prove loss of wages or funeral bills, it is much harder to prove that traumatic events caused emotional distress, loss of parental care or loss of emotional support. Experienced New York wrongful death attorneys know exactly what evidence will be compelling and how to present it to a judge and jury.
Contact a Spring Valley, NY Wrongful Death Attorney
Have you lost a family member or a loved one due to wrongful death in New York? If so, please contact an experienced NYC wrongful death attorney from Evan Goldberg Law. To schedule your free confidential consultation with a Spring Valley personal injury lawyer, please call us at 1 845-545-0448 or visit our contact page.</span