When anyone dies because of another person’s carelessness, it is a wrongful death. The term “wrongful death” describes irresponsible and deliberate actions that result in a person’s death or injuries that lead to death.
Death from an altercation, even if the person who died started the fight, could be a wrongful death. A homicide is also a wrongful death, and subject to wrongful death statutes in addition to prosecution.
Clarence Wrongful Death Lawyers
Essentially, a wrongful death law firm is skilled in litigation involving negligent or intentional acts which lead to the death of a person. Wrongful death is different from other injury claims– it is governed by law, not by case statute, and the statutes vary from state to state.
Wrongful death laws generally limit a wrongful death claim to the immediate family of the deceased person. Some states limit wrongful death actions by children to minor children only. Even separated spouses may be able to sue for wrongful death. Parents may bring a wrongful death action for the death of a child. If a member of your family has died, the law firm of O’Brien and Ford will be able to advise you of your rights under New York’s wrongful death law.
There are conditions in which a suit for wrongful death cannot be brought against certain parties. Some wrongful death laws limit which family members may be sued for the wrongful death of another relative. Government agencies generally have immunity against legal actions 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. In cases in which a governmental agency is not immune from suit, strict time limits may exist.
State statutes calculate the amount and type of damages in wrongful death actions. One kind of damage typical in wrongful death cases is lost potential earnings of the deceased person. Medical and funeral costs may also be included. Another type of possible damages may be grief and loss of companionship. If the wrongful death was led to by an intentional or grossly negligent act, punitive damages may also be awarded. Some states’ wrongful death laws place limits on the total amount of damages that may be awarded in a wrongful death suit.
Wrongful Death Law Firm In Clarence
If a member of your family has died as a result of carelessness, call a skilled wrongful death lawyer. Some examples of situations in which a wrongful death action may be possible are:
– Automobile or motorcycle accidents, despite 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 pool
– An accident in a hospital or assisted living facility
Wrongful Death Law Firm Near Me
Your attorney should understand what you are feeling and treat you with the greatest compassion. You want your law firm to have expertise in dealing with wrongful death cases, but you also want them to recognize that your case is one-of-a-kind.
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 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 consult a lawyer.