There’s no easy way to deal with the loss of a loved one, but when the circumstances leading to their death are the fault of another individual, it’s even more frustrating. You want to be able to grieve your loved one, but that’s difficult to do when you’re facing the realization that someone is to blame for their death. One of the first steps toward closure can be seeking the help of a wrongful death attorney and consulting on if you may have grounds for a lawsuit. But what is a wrongful death lawsuit?
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil lawsuit seeking compensation for financial and emotional losses resulting from a loved one’s death. This compensation is referred to as damages in the legal context, and how much is awarded will depend on the unique factors of each case. In the state of New York, family members cannot bring a wrongful death lawsuit to court unless they are property representatives or the executors of the decedent’s estate.
Contacting a lawyer to handle your lawsuit is the best course of action for most people. Whether you receive compensation will be dependent on proving the defendant (at-fault party) is legally responsible for your loved one’s death, the losses suffered, and that the at-fault party’s negligence, reckless, or intentional behavior caused those damages.
Who Can You Sue in a Wrongful Death Lawsuit?
Individuals, businesses, non-profits, and even government entities can all be sued, depending on the role they played in the loss of your loved one. Here are a few examples of wrongful death cases brought against various defendants:
Individuals
Individuals can be sued in a wrongful death suit, as in the case of Espinal v. Vargas (2d Dept. 2012). In this situation, a mother sued her daughter’s boyfriend after he was in a vehicle collision while driving inebriated, and her daughter died at the hospital following the crash. In this case, compensation for the victim’s pain and suffering was awarded to the mother because the decedent was conscious and in distress following the collision.
Businesses
A $7.25m settlement was acquired following an accident where a dresser tipped over and killed a toddler in New York. The lawsuit was brought against Walmart and the dresser manufacturer, South Shore Industries.
The State
A wrongful death suit can even be brought against the state. For example, in 2023, the state of New York agreed to a $1.5 million settlement with the family of a Massachusetts man who drowned in the Adirondack Park. Legal representation for the decedent’s family maintained that the state should have done more to warn that underwater currents can pull swimmers beneath Buttermilk Falls.
Hire a Wrongful Death Lawyer Today
Working with a lawyer ensures nothing falls through the cracks because you are overwhelmed or the executor of the deceased’s estate is unfamiliar with the legal system. An adept lawyer will handle everything from compiling evidence that proves the validity of your case to determining the appropriate monetary value for your losses.
For the legal support you need in Queens and the surrounding areas, call the Law Office of Barry M. Goldstein.
