Every year in New York, people lose their lives in accidents that could and should have been prevented. These can happen in a number of ways, but the consequences are generally the same. The survivors and families of the victims are often left shaken and unsure where to turn while the sudden loss leaves a void that is hard to fill. Sadly, this happens all too often, throughout the United States and the only recourse left to the families is to consider taking legal action.
Many wrongful death cases are the result of accidents on the road, but in truth, fatal accidents can happen anywhere and at any time. Even something as simple as a fall can kill. As such, it is important to be aware of hazards in all areas of your life. For example, if you are visiting a poorly maintained premises, you could be seriously injured.
Similarly, defective products can be very dangerous, depending on how they malfunction. Even medicine can be a hazard if you have been given an unsafe drug. Unfortunately, some of these defects can have fatal consequences and by the time the issue is discovered, it may already be too late.
If you have lost a loved one as a result of someone else's negligence, you may be entitled to compensation. Our attorneys could also be of valuable assistance to advise you about your options and may be able to assist you with your claim.
What Sort of Situations Can Result in Wrongful Death?
In New York, life can be busy and it is often difficult to make time to simply be with the people you love. You may find you put it off one more day, then another, when suddenly, it's too late. All too often, people lose their lives as the result of tragic accidents, leaving friends and family shocked and grieving. There is no way to predict when such an awful event may occur, so all you can do is make the most of every day you have.
Every year, fatal accidents occur as the result of people's negligence. Failure to maintain their property, failure to restrain a dangerous animal or even failure to do their job correctly. Sadly, it is usually other people who suffer the consequences and in many cases it costs them their lives. All you can do when faced with this sudden bereavement is to try to seek some closure and perhaps justice for your lost loved one.
You may be able to claim compensation if your bereavement was brought about by someone else's misdeed. Although this in no way makes up for you tragic loss, it may at least help you deal with the financial burden that often accompanies untimely deaths.
Our lawyers can advise you on your options and support you through this difficult time. We may also be able to assist you if you decide to pursue an insurance payout, or file a claim seeking justice and remuneration for your bereavement.
How Can You Prove Negligence?
When a loved one dies as the result of someone else's carelessness or failure to do their duty, it is a devastating experience. Sadly, countless families in New York face this very reality every year. Suddenly, they are left with funeral expenses, medical bills and a void that cannot be filled. Many will have questions - how and why did this happen? Who was responsible?
In a wrongful death case, one of the aspects that may come up in court is whether the responsible party could be considered to have been negligent. This is not always easy to determine, as the precise circumstances of an accident or other fatal incident are not always known. Furthermore, to establish negligence, it is also necessary to establish whether the incident occurred as a result of someone failing to fulfill his or her duty.
The four elements required to be determined in a negligence claim include the following:
- Whether the accused legally owed the victim a duty of care. For example, were they the victim's doctor? Were they driving a vehicle in which the victim was a passenger? This can be a complicated matter to resolve, but it is vital to any wrongful death case.
- Was the duty in question breached? For example, did the doctor provide inadequate treatment? Was the driver speeding or intoxicated? If he or she did something a reasonable person would know could result in harm to others, then it may be classed as negligence.
- Were the actions of the accused the cause of the injury or upset experienced by the victim? It is also important to note whether such an injury could have been foreseen. As this article on negligence explains, a random, unpredictable injury might not count.
- Did the accused's actions result in injury or damage to the victim? This can include property damage and even emotional trauma.
Every case is different, so you may benefit from the advice of an attorney with Rosenbaum & Rosenbaum, PC. We can determine whether you have a case and might be able to assist you if you decide to claim compensation.
Various Factors Affect Wrongful Death Damages
Many factors come into determining the damages that may be awarded in a wrongful death case. These can include your lost loved one's potential earnings for the future. Another matter that is taken into consideration is the situation in which your loved one died. If the person responsible for his or her death is deemed to have been responsible for a malicious act or serious wrongdoing, you may be eligible for punitive damages.
The important thing to bear in mind is that any award could be a significant help to your financial situation. If you are unsure how to proceed, you may find the advice of one of our lawyers useful.
Know Where to Turn After Losing A Loved One
Life is not always as safe as many people in New York might hope. Car accidents, malfunctioning machinery, collapsing buildings and any number of other hazards can put people at extreme risk. Add to this the carelessness and negligence of a few individuals and it is a recipe for disaster. Unfortunately, it is often innocent and blameless people who become caught up in these incidents, losing their lives in the process.
It is hard enough knowing your loved one has died suddenly, but this is accentuated by the discovery that it was not simply a freak accident, but the result of someone else's mistake. Many families find themselves wondering why this has happened and what could have been done to prevent it. It is an extremely difficult period to go through and it is understandable that many of these families choose to seek justice for the death of their loved one.
At the New York City law firm of Rosenbaum & Rosenbaum, we help families in Manhattan, the Bronx, Brooklyn, Queens and Staten Island — as well as Westchester, Nassau and Rockland counties — seek maximum compensation and financial justice after the wrongful death of a loved one.
We are aggressive litigators. We are absolutely dedicated to fighting for the maximum compensation available to you under the law. If you need a powerful advocate on your side to fight for justice for your loved one, Rosenbaum & Rosenbaum is the law firm to call.
Contact us today for a free consultation. We can offer you answers and guidance based on extensive experience in these cases. There will be no pressure to file a wrongful death claim or lawsuit. Our goal is to give you the information you need to make the decision that is right for you and your family.