The death of a relative is never easy, and it is a lot more challenging if that death could have been prevented.
Where can you turn for the answers to the numerous questions you have? You can count on O’Brien and Ford for your answers.
Wrongful death is a death caused by the negligent or intentional action of another. Death resulting from a car accident, or occurring after from injuries experienced in an accident, can be a wrongful death.
Death from a fight, even if the person who died started the fight, could be a wrongful death. Even when the act is an intentional crime, like assault or even murder, it can be a wrongful death.
Henrietta NY Wrongful Death Attorney
Lawyers in a wrongful death law firm have expertise and practical experience dealing with the wrongful death laws in their state. Other injury cases are governed by common statute as established over time by the courts– the law of wrongful death, however, is determined by statute.
A wrongful death law will control who may be allowed to file a claim– typically, the deceased person’s spouse, mother or father or son or daughter. Nevertheless, some states permit all children to sue for the wrongful death of a parent, and some make it possible for only minor children to sue.
Even estranged spouses may be able to sue for wrongful death. Some states allow parents to sue for the wrongful death of their grown children, and some do not. If a member of your family has died, the law firm of O’Brien and Ford will advise you of your rights under New York’s wrongful death statute.
There are circumstances in which a suit for wrongful death cannot be brought against certain parties. Some wrongful death laws restrict which loved one may be sued for the wrongful death of another relative. Government agencies frequently have immunity against legal actions 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. In cases in which a governmental agency is not immune from suit, strict deadlines may apply.
The category and amount of damages in a wrongful death suit are regulated by law. Wages that the deceased person could have earned during their life may be recouped, especially if the person was the main income producer for the family. Medical and burial costs may also be included. Some states also permit damages to the relatives for their grief and loss of the companionship of their loved one. If the wrongful death was resulted in by a willful or grossly negligent action, punitive damages may also be awarded. Some states’ wrongful death statutes place limits on the total amount of damages that may be awarded in a wrongful death suit.
Wrongful Death Law Firm Henrietta
You should seek the assistance of a trained wrongful death attorney if you believe your relative died as a result of someone’s careless or intentional actions. Some of these could include:
– Car or motorcycle accidents, despite whether your loved one was an operator, passenger, or pedestrian.
– Accidents at the workplace
– 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 nursing home
Wrongful Death Lawyers Near Me
After the death of a loved one, you should expect your attorney to appreciate what you have been through. You want your law firm to have expertise in handling wrongful death cases, but you also want them to recognize that your case is one-of-a-kind.
At O’Brien and Ford, we pride ourselves on our commitment to our clients. We will take as much time as you need to explain your rights, and to let you know precisely what to expect when you file a suit for wrongful death. You may call us any time for a free consultation with one of our attorneys.