Wrongful Death Claim Eligibility

Wrongful Death Claim EligibilityNew York State has specific statutes and regulations regarding wrongful death claim eligibility. If you have lost a loved one or family member due to someone else’s reckless actions, call our office to find out if you and your family are eligible to receive compensation.

Wrongful Death Claim Eligibility | Causes

Accidents resulting in death are very different from all other types of personal injury cases. In most personal injury cases, the claimant needs to demonstrate the extent of any injuries sustained and establish the legal responsibility of the other party.

If a loved one has died in an accident resulting from another’s negligence or crime, you may be entitled to make a claim for “wrongful death.” Some common causes for wrongful death claims are medical malpractice, vehicle accidents, occupational exposure to hazards, crime, or death during a supervised activity. In any case, the claimant has to demonstrate “pecuniary injury”: loss of support or services from the deceased, lost prospect of inheritance, and medical and funeral expenses. A jury and judge may award additional “punitive damages” in cases of serious or malicious wrongdoing. That said, New York State law and precedent do not allow survivors to recover damages for pain and suffering caused by the death – these would include emotional suffering, loss of companionship, etc. – even if the deceased is a parent or child.

Our Rochester wrongful death lawyers can help you determine if you have a wrongful death case. Please call our office today to schedule a consultation.

Click here to follow us on Facebook

Recent Posts

 

Amazon Sued for $8 Million for Injuries Due to Delivery Quotas

Amazon requires its drivers to deliver as many as 250 packages in an eight-hour shift, [...]

Determining Fault in Personal Injury Accidents: Key Factors in Orleans County, NY Cases

Personal injury accidents can be both physically and emotionally devastating. In Orleans County, New York, [...]

What to Do After a Personal Injury Accident in Monroe, NY: Step-by-Step Guide

Accidents happen, and when they do, it’s essential to know what steps to take to [...]

Top 10 Most Common Personal Injury Accidents in Rochester and How to Avoid Them

Personal injuries can disrupt lives, cause pain and suffering, and result in long-term consequences. Rochester, [...]

Understanding Pain and Suffering Damages in Hilton Personal Injury Cases

Personal injury cases can have a profound impact on individuals, both physically and emotionally. Beyond [...]

Exploring the Different Types of Compensation Available in Greece Personal Injury Cases

Personal injury cases can be challenging and overwhelming, often leaving victims struggling physically, emotionally, and [...]

Understanding New York State Laws for Personal Injury Claims in Ontario County

Accidents and injuries can occur unexpectedly, leaving victims with physical, emotional, and financial burdens. If [...]

Your Guide to Understanding Personal Injury Accidents in Rochester, New York

Accidents can happen at any time and in any place, leaving individuals with physical and [...]

Leave a Reply