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Wrongful Death Archives

Wrongful death lawsuits vs. survivorship actions

When residents of Manhattan lose a loved one due to the negligence of another, most would likely assume that there only course of action to recover any sort of financial compensation for that loss would be to file a wrongful death lawsuit. However, there is indeed another method through which one can sue for damages due to wrongful death: aa survivorship action. Both methods offer the opportunity to assign accountability to a negligent party over one's death, and according to the St. John's Law Review, both methods can be combined in a single case. 

Deadly train crash highlights ongoing risks

People in New York who are evaluating their options for long-distance travel may often look at rail as an alternative to car or air options. The freedom of not having to operate a vehicle or be stuck in traffic can be highly attractive and the cost of train trips may be less than the comparable trip via plane. However, a rash of serious train crashes in the last couple of months may understandably be making people nervous about riding by train.

Automotive deaths jump 5.6 percent in 2016

For most people in New York, hopping into a car to go to work, to school, to run errands or attend social functions is just a normal part of everyday life. Little thought may actually be given to the fact that every time a person gets in a vehicle, they expose themselves to the risk of a car accident. Even with clear laws and improving technology at work, crashes seem to remain a fact of life. All too often, these crashes claim lives of innocent people.

Recoverable damages in wrongful death lawsuits in New York

To lose a loved one unexpectedly in New York City is a tragedy, no matter the circumstances. However, the grief associated with such a loss may be compounded even further if it is believed that the actions of another (whether they be intentional or not) contributed to the event. Those impacted may feel justified in initiating a wrongful death action against the person or parties they believe to be responsible. The question then becomes how much may they reasonably expect to recover.

An overview of mesothelioma cases

Mesothelioma is a type of cancer that damages the lining of internal organs, for instance, the lungs, stomach, and heart. Unfortunately, there is no cure for the disease, only medication that can mitigate the side-effects. Mesothelioma primarily develops in people who were exposed to asbestos on a regular basis. This post will go over how you may recover damages for the death of your loved one due to mesothelioma.

Some common questions with wrongful death suits

Wrongful death suits, like many things in the legal world, are not entirely intuitive. There are many restrictions on who can bring these suits, what damages are recoverable, what claims you can add to the suit and other issues. This post will go over some of the questions inherent to wrongful death suits and, hopefully, bring some clarity to these complex problems.

Anton Yelchin's parents plan to file wrongful death suit

Anton Yelchin, the actor famous for playing Chekov in the 'Star Trek' reboot among other movies was tragically killed June 19th after his Jeep Cherokee rolled backward into him, pinning him between a brick pillar and security fence. Since that time, his family has remained mostly silent regarding his death until they announced this week that they plan to pursue a wrongful death claim against Fiat Chrysler, car manufacturer ZF North American and car dealership chain AutoNation for the death of their son.

Wrongful death lawsuit after fatal club shooting

It seems that fatal shootings are becoming increasingly commonplace. Every week there is a new headline discussing the latest shooting or mass murder. Unfortunately, in Florida, a rising basketball star was gunned down after exiting a club. He received treatment at the local hospital. Sadly, he passed away. His family sent letters to the club owners notifying them of their intention to file a wrongful death lawsuit.

Compensation for wrongful death actions

The problem with wrongful death actions is that there are no injuries for which compensation can be granted, like a broken arm or concussion. And there is no direct witness that can attest to the pain and suffering they felt. When these two classic ways of establishing damages are absent, courts and juries must look to other methods to determine appropriate compensation in a wrongful death lawsuit. This is referred to as determining the value of the victim's life. It is an unpleasant but necessary task in order to resolve these disputes.

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