Wrongful Death Claims
When the negligence of a person or company causes the death of a loved one, the family left behind may have a claim for wrongful death. As families try to heal from the shock and sadness of the sudden loss, they often don’t consider the fact that someone should hold the negligent party accountable for their actions and recover damages that will help ease the financial burden of the loss. Mr. Santo has been a legal resource for the families of wrongful death victims for decades. Through these difficult times, you need to heal while we focus our attention on getting your fair compensation for lost wages, funeral expenses, and other unforeseen costs. Allow our firm to relieve the stress of the future while you focus on healing in the present. If you need an effective, compassionate, and determined attorney to guide you through your legal options, please contact Mr. Santo
WHAT IS WRONGFUL DEATH?
According to New York State, there are a number of criteria that must be met in order to successfully bring a wrongful death claim. These include that:
- There was a death
- The death was caused by the negligence of another person
- If the person had lived, the action against them would be illegal
- The deceased left behind a family who has suffered a financial loss as a result of the death
- The grieving party could be entitled to compensation
WHO CAN FILE A WRONGFUL DEATH CLAIM?
The personal representative of the estate must be the one to bring a lawsuit to court, according to New York law. Other states are different and allow anyone deeply affected by the loss can bring a suit. New York, however, does not. The representative will seek damages for the deceased person’s family on their behalf.
The personal representative of the estate can recover a variety of damages on behalf of the bereaved family. New York does not allow the survivors to recover for damages related to their pain and suffering, mental anguish or loss of companionship, even if the deceased is a child. New York focuses on the financial impact of the loss. If you have lost a loved one and have a valid wrongful death claim, you may be entitled to:
- Compensation for medical bills and health care expenses related to the person’s final moments
- Funeral costs
- Wage and other benefits lost by the death
- Financial support related to the support and services provided by the deceased
- Pain and suffering endured by the deceased in their final moments
- Lost inheritance for surviving children
- 9% interest on the recovery awarded, starting from the date of death