Losing a loved one is devastating regardless of the circumstances, but if a negligent or malicious act caused their death, the weight of the loss may feel even more crushing. Not only are you trying to grieve your loved one, but you also have questions like “Can I sue the at-fault party on my loved one’s behalf?” and “How do I file a wrongful death lawsuit?” that need to be answered. Keep reading to learn how a wrongful death attorney can help determine who can sue for wrongful death in New York.
Who Can Sue for Wrongful Death?
Who can file a wrongful death lawsuit varies by state, and many states allow the deceased person’s family members to present the lawsuit in court. In New York, wrongful death lawsuits can only be brought to court by a personal representative or executor of the deceased party’s estate. Unless a family member is the designated executor, another individual will have to introduce the claim in court.
Who Are Wrongful Death Lawsuits Filed Against?
Wrongful death lawsuits are filed against the party responsible for your loved one’s death. Individuals, companies, government entities, and even medical care providers can be sued for wrongful death.
As an example, if your loved one was killed in a collision with a drunk semi-driver, you might bring a lawsuit against the driver. Depending on the details of the situation, you may also be able to pursue a lawsuit against the individual who provided alcohol to the driver or the company that employs the driver. Determining which party is responsible when a wrongful death occurs can be challenging, so having an experienced lawyer review your case is a wise move.
Reasons to Sue for Wrongful Death
Like the possible at-fault parties, the reasons to sue for a wrongful death are numerous. In the state of New York, wrongful death is defined as a death caused by the kind of neglect, default, or wrongful act that could typically be pursued as a personal injury case if the victim was still alive. Reasons to sue for wrongful death include the following:
- Accidents caused by negligence
- Medical malpractice
- Intentional harmful acts
- Product liability
What Type of Damages Can I Recover?
In wrongful death lawsuits, damages are awarded to the deceased person’s loved ones. These damages are designed to compensate for the deceased party’s death. Each circumstance is unique, but just a few common expenses rewarded to the deceased’s loved ones include funeral expenses, monetary support the deceased person would have provided, pain and suffering, and funeral expenses.
Work With a Lawyer Who Can Manage All Aspects of Your Lawsuit
While no amount of financial compensation can ease the loss of a loved one, you deserve what financial compensation you are lawfully entitled to. Although it will not ease your grief, having your financial burden lessened can decrease the strain you’re under by minimizing one stressor in your life.
The Law Office of Barry M. Goldstein serves Queens and the surrounding areas, and our compassionate team is ready to offer you the support you need while pursuing a wrongful death claim. Not only can we appoint a legal representative for your loved one’s estate and represent the case in court, but we can ensure a skilled professional handles other matters of the estate. Contact the Law Office of Barry M. Goldstein to schedule a free consultation today.
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