The term “wrongful death” refers to negligent and intentional actions that result in a person’s death, or that lead to injuries that result in death. Death resulting from a car wreck, or occurring later from injuries suffered in an accident, could be a wrongful death.
Also included are deaths arising from intentional actions like fights or assaults. A criminal act like homicide can also be the subject of a wrongful death lawsuit.
Wrongful Death Attorney Athol Springs New York
Law firms that deal with wrongful death cases have specialized experience and training in the wrongful death laws in their states. All wrongful death cases are controlled by a set of statutes enacted in each state, and no two states’ statutes are exactly alike.
Who may sue for wrongful death – Ordinarily, a wrongful death action may be filed by a spouse, parent or child. Some states confine wrongful death suits by children to minor children only. Some states allow a person to sue for the wrongful death of a spouse even if they were separated. Parents may bring a wrongful death action for the death of a child. An attorney at The O’Brien Firm will can advise you of your rights under the wrongful death statute in New York.
There are situations in which a suit for wrongful death cannot be brought against certain parties. Some wrongful death statutes prohibit wrongful death suits by family members against each other. Wrongful death actions may not be possible against governmental agencies. Sovereign immunity may be waived, though, so do not assume that you cannot recover if your relative was killed on government property. If there is no governmental immunity, be aware there may be a strict time frame for filing suit, so consult an attorney right away.
How damages are determined – Wrongful death laws regulate the type of damages that may be recovered in a wrongful death suit. One type of damage common in wrongful death cases is lost potential earnings of the deceased person. Medical and funeral costs may also be included. Some states also allow for damages to the family for their grief and loss of the company of their loved one. If the wrongful death was caused by a deliberate or grossly negligent act, 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.
Athol Springs Wrongful Death Lawyer
Talk to a wrongful death attorney if you have lost a loved one in any of the following scenarios:
– Automobile or motorcycle accidents, regardless of whether your relative was a driver, passenger, or pedestrian.
– Accidents at work
– A fall in a public place
– An assault
– Medical malpractice
– Drowning in a public or private swimming pool
– An accident in a hospital or nursing facility
Wrongful Death Attorneys Near Me
After the death of a relative, you should expect your attorney to understand what you have been through. Your attorney should give your case the personalized attention that it deserves. 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. We will not charge you for a consultation, and we will not charge you a fee unless we collect damages. Please call us today to speak to a lawyer.