The term “wrongful death” refers to careless and deliberate actions that result in a person’s death, or that cause injuries that lead to death. Death resulting from a car wreck, or following after from injuries experienced in an accident, could be a wrongful death.
When someone is killed in an altercation, 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 laws in addition to prosecution.
Wrongful Death Lawyer In Niagara Falls New York
Law firms that handle wrongful death cases have specialized experience and training in the wrongful death laws in their states. Other injury cases are governed by common law as created over time by the courts– the statute of wrongful death, however, is determined by law.
Who may sue for wrongful death – In general, a wrongful death action may be filed by a husband or wife, parent, or son or daughter. Some states confine wrongful death actions by children to minor children only. Even separated spouses may have the opportunity to sue for wrongful death. Parents may have the ability to sue for the wrongful death of minor children and adult children, depending upon the state’s law. The attorneys at O’Brien and Ford are specialists in the laws of wrongful death in the state of New York and can let you know if you have a right to sue.
There are conditions in which a suit for wrongful death might not be brought against certain parties. Family members, for instance, are immune from wrongful death actions against each other in some states. Some governmental agencies may not sue for wrongful death. Do not assume, however, that you cannot sue if your family member has been killed in an accident on state or municipal property. Sovereign immunity may be waived, allowing suits. If there is no sovereign immunity, there may be a strict deadline for filing suit, so consult an attorney as soon as possible.
State laws determine the quantity and types of damages in wrongful death suits. One type of damage typical in wrongful death cases is lost future income of the deceased person. Your loved one’s medical expenses and burial costs may also be part of a wrongful death award. The family’s grief over the loss of a loved one may be an element of the damages awarded in a wrongful death lawsuit. In some cases, punitive damages may be awarded.
Niagara Falls Wrongful Death Law Firm
If a member of your family has died because of negligence, call an experienced wrongful death lawyer. Some examples of circumstances in which a wrongful death action may be appropriate are:
– Automobile or motorcycle accidents, regardless of 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 facility
Wrongful Death Lawyers Near Me
Your lawyer should understand what you are feeling and treat you with the greatest compassion. Even though your lawyer 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 as much time as 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.