When a member of your family dies because of someone’s carelessness, it is devastating.
You may have questions that no-one seems to be able to answer. You can turn to the legal reps of O’Brien and Ford for your answers.
The term “wrongful death” refers to careless and intentional actions that cause a person’s death, or that lead to injuries that lead to death. Wrongful death can include a death from a car or motorcycle crash.
When someone is killed in a fight, or dies as a result of an assault, that is also a wrongful death. A homicide is also a wrongful death, and subject to wrongful death statutes as well as prosecution.
Wrongful Death Attorney In Albany
Law firms that handle wrongful death cases have specialized experience and training in the wrongful death laws in their states.
Wrongful death is different from other personal injury cases– it is regulated by law, not by case law, and the statutes vary from state to state.
Wrongful death statutes generally restrict a wrongful death claim to the immediate family of the deceased person. However, some states enable all children to sue for the wrongful death of a parent, and some allow only minor children to sue. Even separated spouses may be able to sue for wrongful death. Parents may bring a wrongful death action for the death of a child. An attorney at The O’Brien Firm will be able to advise you of your rights under the wrongful death statute in New York.
Who may be sued for wrongful death – Some parties may be immune from suits for wrongful death. Loved one, for example, are immune from wrongful death suits against one another in some states. Government agencies usually have immunity against lawsuits by their residents, but this immunity may be waived by law. Governmental immunity may be waived, so do not assume that you cannot recover if your relative was killed on government property. If there is no sovereign immunity, there may be a strict time limit for filing suit.
Albany Wrongful Death Legal Specialists
How damages are determined – Wrongful death statutes regulate the kind of damages that may be recovered in a wrongful death action. One kind of damage typical in wrongful death cases is lost future earnings of the deceased person. Your loved one’s medical costs, and burial expenses may be part of a wrongful death award.
Some states also allow for damages to the loved ones for their grief and loss of the companionship of their loved one. Punitive damages may be awarded when the death is led to by a deliberate act. Some states’ wrongful death laws place limits on the total amount of damages that may be awarded in a wrongful death suit.
If a member of your family has died due to carelessness, call a skilled wrongful death lawyer. Some examples of situations in which a wrongful death action may be appropriate are:
– Car or motorcycle accidents, regardless of whether your relative was a driver, passenger, or pedestrian.
– Accidents on the job
– A fall in a public place
– An assault
– Medical malpractice
– Drowning in a public or private swimming pool
– An accident in a medical facility or assisted living facility
Wrongful Death Lawyers Near Me
Your lawyer should understand what you are feeling and treat you with the utmost compassion and respect. Even though your attorney may have handled many of wrongful death cases, your case is one-of-a-kind and should be given the consideration it deserves.
At O’Brien and Ford, you are not a case; you are a person. We will take all the time you need to explain your rights, and to let you know exactly what to expect when you file a suit for wrongful death. We do not collect a fee unless we win an award for you. Call us for a free consultation.