Craig Rosenbaum | April 17, 2013 | Wrongful Death
In New York and elsewhere, death is a natural part of the human experience. However, when death is unexpectedly caused as a result of someone’s intentional act or neglect, death may create an even greater tragedy for family and friends. For some, seeking justice may provide closure after a fatal accident. Recently, a family has reached a settlement in a wrongful death case.
Parents of a teenager who was killed last year have reached a settlement with a homeowner’s association. The teenager was shot and killed by a man who was a neighborhood watchman for the homeowner’s association. The homeowner’s association previously sent out a newsletter telling residents of the gated community to call the police if they had concerns and then to call the man who has been charged for the death of the teenager. After the death of the teenager, his parents made a wrongful death claim against the homeowner’s association. The amount the parties agreed to has not been disclosed.
Generally, a wrongful death claim may be made when an individual is killed as a result of another person’s negligent acts or misbehavior. To have an effective wrongful death claim, the personal representative of the deceased’s estate must prove that the death of the deceased was a result of another individual’s negligent acts or misconduct.
The personal representative must also show that, the immediate family members of the deceased are monetarily suffering. If successful, compensation may be determined based on factors, such as, the age and earning capacity of the deceased.
Losing a loved one is never easy. Family and friends may find peace and closure by seeking justice.
Source: The New York Times, “Settlement Is Reached With Family in Slaying,” Lizette Alvarez, April 5, 2013