What Is The NY Scaffold Law?
Rochester Wrongful Death Lawyers
When you lose someone you love because of an accident caused by a negligent person, It can create unspoken grief that you have to suffer through. We are so terribly sorry that you are experiencing this and that you’ve lost someone that you deeply love because of someone else’s negligence. Please know that you are entitled to justice. You and the surviving family members of your loved one who has passed deserve justice. Our New York wrongful death lawyers fight for you to be fully and fairly compensated as a result of the loss of your loved one. We fight for your rights so that you can focus on yourself and your family during this very difficult time. Call our office as soon as you possibly can and we will set up a free first consultation for you to go over the details of your case and get legal guidance from our lawyers. Justice is waiting for you, so call today.
What is a Wrongful Death Claim?
It is not always blatantly obvious that your loved one died of negligence. Some cases require investigation to confirm that they indeed are going to be a wrongful death case. We understand that you might have questions about whether or not your particular loss would be considered wrongful death. If you were thinking about bringing a claim, the easiest way to be sure you have a legal stake in this matter is to get in contact with our Rochester wrongful death lawyers.
Wrongful death cases boil down to whether or not the loss of your loved one could’ve been prevented had someone acted differently. Take a slip and fall claim that resulted in someone passing away as an example. If the property owner had taken the necessary precautions to keep their visitors safe, it could have prevented the victim from slipping and falling and breaking their neck. That property owner would be negligent in the claim for wrongful death if their inaction caused someone else’s harm.
Another example would be medical malpractice wrongful death. If a doctor dismissed the symptoms of, for example, a woman coming into the emergency room with shoulder pain and chest pain and that woman went home and had a heart attack and died because the doctor dismissed her symptoms, that doctor could be negligent and liable in that wrongful death claim.
Another example of what a wrongful death claim looks like is an auto accident. If someone was texting and driving and blew through a red light and T-boned another car, killing the other driver, they would be liable for that person’s death and the surviving family members of the victim could bring a claim against them.
Again, the one way you’re going to know for sure whether or not there is a claim that you could bring is to speak to our New York wrongful death lawyers. They have the experience and the knowledge to know whether or not what you and your family have gone through has left you entitled to seek damages.
The way the claim works is that you bring it against the liable party; that liable party is represented by their insurance company, which is physically and financially responsible for you and your family’s justice through compensation. Your New York wrongful death lawyers are going to fight for your rights to full and fair justice.
Who is at Fault in a Wrongful Death Claim?
When you go through a case like this, obviously you have to be able to identify who you are bringing your claim against. It is your New York wrongful death lawyer’s job to identify the liable party in the incident. They need to be able to prove that this person was responsible for the death of your loved one and how they acted differently your loved one might’ve been alive today. They also need to then, in a timely manner, bring the claim against this liable party.
With wrongful death, if someone is acting negligently and your lawyers are able to prove this, then that person is likely going to be the liable party in your loved one’s passing. You deserve this kind of closure. We understand that no amount of compensation brings back your loved one or tempers the grief that you and your family are experiencing but when people are guilty of negligence you deserve that justice. You deserve to tell them what they did was wrong and they won’t get away with it.
Understand that this is not a criminal case and you are not going to be putting anyone in jail unless there was an intent to kill. But a wrongful death claim is a civil case and the deaths are accidental. Therefore, justice is going to be compensatory instead of criminal.
Who is the Plaintiff for a Wrongful Death Claim?
When you consider how lawsuits like this happen, there is typically one person who represents the family and brings the claim. They are called the plaintiff. This person is going to work closely with the New York wrongful death lawyers to settle the claim fairly. Please understand that they are not going to be the only ones who get compensation. They just represent themselves, the family, and the loved one who has passed.
Most of the time with wrongful death, the plaintiff is going to be the spouse of the victim. If that victim wasn’t married, the adult children would be the plaintiff. If the children are minors and/or they were unmarried, then the parents of the victim would be the plaintiff.
Please understand that every wrongful death claim is different just like every person’s life is different. Not every person is going to have the nuclear family to be the plaintiff. Having New York wrongful death lawyers look over your case is going to be the surest way to identify the plaintiff in your loved one’s wrongful death claim. We will be able to discuss this in detail during your free initial consultation.
Recoverable Wrongful Death Damages
Most injury and wrongful death lawyers will tell you that damages for a wrongful death claim are difficult to put a value on because most of the damages you are suffering are what we consider non-economic damages. Non-economic damages can include your loved one’s pain and suffering they went through before they passed. It can also include the mental anguish that you have to endure because of the loss of a loved one. Money does not replace a relationship that you have lost with someone you love, but this is the justice that is available for you to seek. We will fight to get full justice; in some cases, bringing a claim like this can prevent someone else from having to go through this at the hands of the liable party.
Here is what the recoverable damages include:
- Your love one’s pain and suffering before passing
- The cost of treatment and care they incurred before passing
- Costs of funeral and burial
- The potential earnings your loved one would have received had they lived a full life not cut short by this incident
- Inheritance
- Loss of consortium for spouses, or companionship for other surviving family members
Call Our Rochester Wrongful Death Lawyers Today for a Free Consultation
When someone you love is lost in an accident because of another one’s negligence, it can create an indescribable grief. We want to help you get the justice that you and your family deserve. Our Rochester wrongful death lawyers stand by victims and surviving family members of wrongful death cases to fight for the fullest in fairest justice possible. Please don’t hesitate to reach out to our office to set up your first legal consultation. We will go over the details of your case and give you guidance on what steps you should take next. Call us today.