The death of a loved one is never easy, and it is even more difficult if that death could have been prevented. You may have questions that no-one seems to be able to answer.
We hope that the law firm of O’Brien and Ford will be able to help you get some answers.
Wrongful death is a death caused by the negligent or intentional act of another. Death resulting from a car accident, or occurring later from injuries sustained in an accident, is wrongful death.
Also included are deaths resulting from intentional acts like fights or assaults. A murder is also a wrongful death, and subject to wrongful death laws as well as criminal prosecution.
Clay NY Wrongful Death Attorney
Simply put, a wrongful death law firm specializes in cases involving negligent or intentional acts which cause the death of a person. Wrongful death is different from other personal injury claims – it is governed by statute, not by case law, and the statutes vary from state to state.
Who may file a claim for wrongful death – In general, a wrongful death action may be filed by a spouse, parent or child. However, some states allow all children to sue for the wrongful death of a parent, and some allow only minor children to sue.
Some states may allow a spouse to sue for the wrongful death of a spouse even if the parties were separated. Some states allow parents to sue for the wrongful death of their adult children, and some do not. An attorney at O’Brien and Ford will be able to advise you of your rights under the wrongful death statute in New York.
Wrongful Death Law Firm In Clay
Who may be sued for wrongful death – Some parties may be immune from suits for wrongful death. Family members, for example, are immune from wrongful death actions against each other in some states. Governmental agencies generally have immunity against lawsuits by their citizens, but this immunity may be waived by statute. Do not assume that you cannot sue if your family member has been killed in an accident on state or municipal property. Do consult a wrongful death attorney immediately, since there are often strict time limits for lawsuits against governmental agencies.
How damages are determined – Wrongful death statutes govern the type of damages that may be recovered in a wrongful death suit. Damages may include lost potential wages, especially important if the person was the primary support of their family. Medical and funeral expenses may also be included. Some states also allow for damages to the family for their grief and loss of the companionship of their loved one. If the wrongful death was caused by an intentional 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.
You should seek the advice of a qualified wrongful death attorney if you believe your family member died as a result of someone’s careless or deliberate actions. Some of these might include:
- Car or motorcycle accidents, regardless of whether your family member 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 Lawyers Near Me
When you have experienced the death of a family member, you should expect your lawyer to treat you with dignity and compassion. Even though your lawyer may have handled hundreds of wrongful death cases, your case is unique and should be given the attention 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 will not charge you for a consultation, and we will not charge you a legal fee unless we collect damages. Please call us today to speak with an attorney.