Losing a beloved family member as the result of an accident is a devastating experience. When you learn that their death could have been prevented or was caused by the negligent actions of another, you may be ready to demand justice.
Take action on your case by contacting a Freeport wrongful death lawyer at Friedman & Simon, L.L.P. to learn more about how you can make them pay. Schedule your free consultation today to start working on your wrongful death lawsuit.
In This Article
- What Is a Wrongful Death Claim?
- Common Types of Wrongful Death Accidents in Freeport
- What Is a Wrongful Death Claim Worth?
- Who to Sue for a Freeport Wrongful Death
- What to Expect from the Defense
- Who Can File a Wrongful Death Lawsuit?
- Meet with a Wrongful Death Lawyer in Freeport Today
What Is a Wrongful Death Claim?
Under N.Y. Est. Powers & Trusts Law § 5-4.1, a wrongful death is one that occurs through neglect, a wrongful act, or default. A wrongful death claim or lawsuit founded on negligence may be sought when the decedent succumbed to injuries caused by the at-fault party’s actions or failure to take appropriate action. Here, the decedent’s surviving family or another personal representative may be able to file a lawsuit on the decedent’s behalf. As mentioned above, wrongful death claims can involve negligence, and they may even be the result of medical malpractice. (Wrongful death claims may also involve the intentional acts of an at-fault party.)
For a free legal consultation with a wrongful death lawyer serving Freeport, call 516-932-0400
Common Types of Wrongful Death Accidents in Freeport
Wrongful deaths can happen in some of the worst accidents and incidents. However, people are killed in some types of accidents and events more frequently than others. Some of the more common causes of wrongful deaths in Freeport include:
- Any type of motor vehicle accident such as car accidents, truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, boat accidents, watercraft accidents, taxi accidents, bus accidents, and other vehicle collisions
- Work-related accidents including construction accidents, factory accidents, oilfield accidents, logging accidents, and other on-the-job injuries
- Medical malpractice including birth injuries, surgical errors, anesthesia errors, nursing home abuse, medication errors, and other medical mistakes
- Premises liability accidents such as trampoline accidents, swimming pool accidents, slip and fall accidents, dog bites, stair and ladder accidents, and injuries caused by negligent security
- Physical acts of violence including assault, battery, sexual violence, or other intentional actions intended to cause physical bodily injury or death
These are only a few of the more common ways in which people suffer wrongful deaths. If your loved one was involved in another type of accident or event, your family may still have the right to pursue a wrongful death lawsuit. Be sure to contact a Freeport wrongful death attorney to find out what legal options may be available to you.
Freeport Wrongful Death Lawyer Near Me 516-932-0400
What Is a Wrongful Death Claim Worth?
New York wrongful death laws allow the decedent’s surviving family members or estate to be awarded damages based on the ways the decedent’s life and the surviving family members’ lives have been affected by the decedent’s passing.
Some of the different losses your family could recover in a Freeport wrongful death claim include:
- The surviving family members’ lost inheritance
- The decedent’s funeral and burial costs
- The decedent’s future financial contributions to their family
- The decedent’s reasonable medical care prior to their passing
- The surviving family members’ loss of parental nurturing, guidance, and support
- The surviving family members’ loss of family services and support
- The decedent’s physical pain and suffering or emotional distress
Who to Sue for a Freeport Wrongful Death
It is difficult to state, in a general manner, who you might file a wrongful death claim against. Your attorney will need to open up an in-depth investigation into the cause of your loved one’s passing to determine who is responsible for their death. Careful analysis of the specific facts and circumstances is critically important.
Depending on how their death occurred, law enforcement officials may also be involved in your investigation. The defendant could be facing criminal charges for their involvement in the decedent’s death. However, this should have no bearing on your ability to pursue your Freeport wrongful death lawsuit.
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What to Expect from the Defense
You can expect the defense to do everything possible to reduce their financial liability. In your wrongful death claim, you will be seeking compensation for the ways your life, the decedent’s life, and your surviving family members’ lives have been affected by the decedent’s death.
The defense might attempt to argue that the decedent is partially responsible for causing their injuries. New York shared fault laws allow injury settlements to be reduced to account for shared liability. (This is generally referred to as comparative negligence). Your attorney will ensure that shared fault is accurately assessed in your case, so the defendant is held accountable to the fullest extent of the law.
Who Can File a Wrongful Death Lawsuit?
New York wrongful death laws require the decedent’s personal representative to file a wrongful death claim. Also commonly referred to as the executor of the estate, the decedent’s personal representative could be virtually anyone they named in their will. This could include:
- The decedent’s surviving spouse
- The decedent’s adult children
- The decedent’s parents
However, if the decedent did not have a personal representative, the court may have the authority to appoint a personal representative on the decedent’s behalf so the wrongful death claim can move forward.
If you are unsure whether you have grounds for a wrongful death claim, or the authority to pursue your case, make sure to discuss the circumstances of your potential lawsuit with your Freeport wrongful death lawyer.
Meet with a Wrongful Death Lawyer in Freeport Today
The individual or entity responsible for causing your family member’s death should be held accountable to the fullest extent of the law. Whether they are facing criminal charges or not, you may have the opportunity to take civil action against them. Explore your legal options further when you get help from a Freeport wrongful death lawyer at Friedman & Simon, L.L.P.
Our firm proudly offers no-cost, risk-free consultations to surviving family members of wrongful death victims. Claim yours by completing our quick contact form or calling our office today.