What is a Wrongful Death Lawsuit?
The distressing reality is that pedestrian accidents can have life-altering consequences for victims and their families. In light of the recent tragic incidents in March, where one pedestrian was killed and another critically injured in New Cassel just minutes apart, the conversation around pedestrian safety and legal recourse for victims’ families has never been more urgent.
Wrongful death claims are legal actions taken when an individual's death is the result of another's negligence or intentional act. The essence of these lawsuits is to hold the accountable party responsible and provide financial relief to the bereaved families.
To bring forth a wrongful death lawsuit, specific grounds must be established:
- Proof of negligence: Demonstrating that the death was caused by the defendant's recklessness, negligence, or wrongful actions.
- Breach of duty: Showing that the defendant owed a duty to the deceased; for instance, drivers have a duty to follow road rules.
- Causation: Linking the defendant's negligence directly to the death of the pedestrian.
- Damages: Quantifying the material losses resulting from the wrongful death.
Eligibility to File a Wrongful Death Suit
In New York, only the personal representative of the deceased's estate can file a wrongful death suit. This representative could either be designated in the will of the deceased or appointed by the court.
Compensation is typically awarded to the deceased's immediate family members, prioritizing spouses and children, followed by the deceased's parents. In the absence of immediate family members, siblings may then become eligible to receive damages.
Why Seek Compensation?
Pursuing a wrongful death suit is frequently worthwhile because it can provide essential financial support to the bereaved family during a time of overwhelming loss. This compensation helps cover funeral costs, lost income, medical expenses, and other material losses, offering a measure of financial stability and justice for the unnecessary loss they've endured.
If you have grounds for a claim, you may be able to seek compensation for:
- Economic Damages: Tangible losses like medical expenses and lost earnings.
- Non-Economic Damages: Intangible losses such as pain, suffering, and the loss of companionship.
The Importance of Legal Assistance
Pedestrian accidents can be devastating, and if you've just lost a loved one, you may be feeling overwhelmed and unsure of where to turn. Consulting with an experienced attorney like ours at Foley Griffin can be helpful and provide you with practice guidance during a confusing time.
In particular, if you believe your loved one was killed due to another party's negligence, reckless behavior, or unlawful act, speaking with an attorney to understand your rights can be highly beneficial. It is especially pertinent if you face significant financial burdens due to lost income, medical bills, and funeral expenses.
Seek Justice & Hold the Responsible Party Accountable
The loss of a loved one is an indescribable pain, magnified when the death was preventable. While no amount of compensation can replace a life, pursuing a wrongful death lawsuit can offer financial relief and a sense of justice to grieving families.
If you find yourself in this situation, remember you are not alone. Our compassionate and professional attorney is here to guide you. Reach out to us online or call (888) 966-8480 to schedule a consultation and discuss your options.