When someone suffers harm through the negligence or wrongdoing of someone else, he or she has the right to sue the negligent party to recover for all of the damages brought about by the injury. However, if the harm is so severe that it results in death, a serious wrong has been done for which the injured party cannot recover. To address this situation, the law provides that certain survivors of a deceased individual may recover from a responsible party by means of a wrongful death lawsuit. If someone close to you has died because of someone else’s carelessness, contact Queens wrongful death attorney John Cassisi for a consultation to find out how he can assist you.Who May Sue for Wrongful Death, and What Damages May be Recovered?
To file a wrongful death action, you must have had a close relationship to the decedent: a spouse, a parent, or a child. However, these parties may not always be able to recover in a given case. Under New York law, only those parties who suffer a financial deprivation have the right to sue. For example, therefore, a grown child who received no financial support from the decedent may not recover any damages in a wrongful death lawsuit, no matter how much grief the death may have caused.
In general, the damages available are those expenses and costs caused by the defendant’s careless or wrongful behavior. At its most basic, these can include medical costs and funeral expenses. However, courts have also taken into account the financial benefits a spouse, child, or parent would have received had the decedent survived. These include the benefits of future earnings, the cost of providing parental support for minor children, and even lost inheritances. Mental pain and anguish are not recoverable under New York’s wrongful death statute.Common Types of Wrongful Death Lawsuits
Someone who brings a wrongful death cause of action must show that the decedent’s death was caused by the defendant’s conduct, and that the decedent, had he or she suffered injury instead of death, would have been able to successfully bring a claim against the defendant. Common bases for wrongful death suits include:
- Medical malpractice
- Vehicle accidents (cars, trucks, motorcycles, buses)
- Industrial accidents, such as construction accidents
- Criminal conduct, such as murder, manslaughter, abuse, or criminal neglect
It is never easy to deal with the pragmatic realities of your economic situation when you are suffering from a loss, but your own and your family’s future well-being may be dependent upon taking action in a timely manner by filing a wrongful death lawsuit. New York’s statute of limitations for bringing a wrongful death lawsuit is two years from the date that the wrongful act occurred.Discuss Your Claim with Queens Attorney John Cassisi
While monetary damages can never be adequate in compensating you for the loss of a loved one, it is only fair that someone who caused the death of a person you depended upon should assume the financial burden they have saddled upon you. The emotional harm you have suffered should not also result in financial devastation.
If you have recently lost a husband, wife, child, or parent, contact Queens wrongful death lawyer John Cassisi by telephoning us directly at (718) 441-5050, or by using our confidential contact form online. Your consultation is completely free and does not obligate you to pursue a case with our firm. If you need help in evaluating what steps are available to you and what your options are, give us a call.