Queens wrongful death attorney Keetick L Sanchez releases a new article detailing the finer points of New York City wrongful death claims (https://accidentlawyer-queens.com/wrongful-death-attorney/). Attorney Sanchez explains that a wrongful death occurs when an individual dies because of another person’s criminal or negligent behavior. The attorney clarifies that a wrongful death claim is in no way a means to replace a loved one’s memory but filing a claim allows family members to receive compensation for the loss.
Under New York laws, a family member or a representative of the deceased person’s estate can file a wrongful death lawsuit. The attorney enumerates four cases wherein a person can file a wrongful death claim: death of a loved one caused by intentional actions or criminal acts, medical malpractice, motor vehicle accidents, and use of defective products.
“However, not all family members are eligible to seek damages in a New York wrongful death claim. This ability is usually limited to the deceased party’s spouse, children, or parents. If there is no spouse, children, or parents, a personal representative of the estate or a court-appointed representative may contact a wrongful death lawyer in New York,” the Queens wrongful death attorney clarified.
Attorney Keetick L Sanchez likens a wrongful death claim to a personal injury claim save for the fact that family members are filing the wrongful death claim on their loved one’s behalf. A wrongful death attorney would need to prove that the defendant's negligence caused the death.
Should the claim be won, attorney Sanchez states that the compensation can cover damages such as any funeral, burial, or cremation costs, medical costs the deceased incurred because of the incident, and loss of income. The court can also assign compensation for the loss of love and companionship the remaining family members are suffering due to the death of their loved one.
To establish proof of negligence, a New York wrongful death attorney must establish the fact that the defendant had a duty of care toward the deceased. An attorney would then have to prove that the death was caused by a breach of that duty of care. Attorney Sanchez emphasizes that such an investigation can be a drawback to filing a wrongful death claim as it would involve the discussion of emotionally difficult matters surrounding the death of a loved one. Family members may also feel like they are putting an economic price tag on their loved one’s life.
According to the New York City wrongful death attorney, “...a wrongful death case is not meant to make up for your grief. Although it is a very emotional time for the family, it is also often a financially difficult time. A wrongful death claim is meant to provide a financial means to offset economic and non-economic damages that your loved one would have been able to claim had he or she survived.”
Lastly, attorney Sanchez explains that determining losses in a wrongful death claim can be complicated. Having the guidance of an experienced New York wrongful death attorney can help in making sure that family members left behind after a tragic accident would be compensated for their loss.
About K. L. Sanchez Law Office
Attorney Keetick L. Sanchez works closely with clients to provide skilled and informed legal representation in matters related to personal injury law, criminal law, and immigration. The lawyers at K.L. Sanchez Law Office believes that a victim deserves to be compensated for the injuries they suffered. To speak with an accident lawyer, call (646) 701-7990 today.
K L Sanchez Law Office, P.C.
3763 83rd St #1m, Queens, NY 11372, United States
SOURCE: Press Advantage [Link]
K L Sanchez Law Office, P.C. is a New York City personal injury attorney and workers compensation atttonrey. Serving residents of Queens and the Bronx Ms. Sanchez offers an experienced, compassionate approach and an agressive manner in court.