Losing someone is never easy, but grief can be made worse when the death of a loved one is entirely preventable. A wrongful death occurs when someone dies in an accident that could have been avoided had the proper measures and precautions been taken. If you’ve lost a loved one as a result of someone else’s negligence, our Bellmore wrongful death lawyers at The Law Offices of Joseph J. Perrini, III are here to help you recover compensation.
If a loved one had survived the accident, they would have been able to sue for damages to cover medical costs, lost wages, etc. Even though a loved one may no longer be with you, it’s still possible to sue for the damages that the accident caused, including funeral costs, lost wages, loss of inheritance, and more.
Call us today at 516-221-7900 or contact us online using our free and secure submission form. We are available 24/7 to assist you and offer FREE initial consultations.
Understanding Wrongful Death in Bellmore, NY
In Bellmore, NY, what defines a wrongful death is generally the same as it is in the rest of the United States; if someone dies in an accident that could have been prevented, then the death may be considered a ‘wrongful’ death.
Wrongful deaths may include, but are not limited to:
- Car accidents
- Workplace accidents
- Criminal actions
- Medical malpractice
- Abuse in a care facility
- Domestic animal attacks
- Slips and falls
Determining Eligibility for Wrongful Death Claim
In order to file a wrongful death claim, the plaintiff must be a surviving spouse, child, or parent of the deceased. If there is no surviving spouse, child, or parent, it may be possible for another family member or personal representative to file the claim if they are an executor or administrator of the deceased’s estate. The plaintiff must also have substantial evidence proving the death was indeed a wrongful death and that financial damages have occurred as a result of the deceased person’s death.
What makes a death a wrongful death?
- If the death was caused by negligence, wrongful acts, or intentional acts that resulted in a death that could have been otherwise avoided, then it may be considered a wrongful death. This can be applied to workplace incidents, car accidents, medical malpractice, or accidents that happened on someone else’s property due to a failure to maintain the safety standards of the property.
Who is responsible for a wrongful death and why?
- If someone was in charge of the property where someone was killed, the vehicle or other item that caused the death, or had some other duty of care to the deceased and neglected that care or intentionally ignored it, then that person is responsible for the wrong death of the deceased.
Understanding Compensation in a Wrongful Death Lawsuit
In Bellmore, NY, you can seek compensation for several things regarding a wrongful death lawsuit, but this does not include compensation for emotional damages in the state of New York. However, there is an exception with regard to negligent infliction of emotional distress (NIED) cause of actions. In some cases, if a family member witnesses the death or injury causing death, they may have a separate claim for emotional distress under a (NIED) theory.
What can you get compensation for in a wrongful death lawsuit in Bellmore, NY?
- Lost wages. If the deceased person’s family or other beneficiaries are suffering financial damages from the lost wages of the deceased, they may receive compensation for it in a wrongful death lawsuit.
- Pain and suffering of the deceased. Compensation may be awarded for the pain and suffering of the deceased if the deceased person experienced conscious emotional distress or other suffering before death due to the accident.
- Medical expenses. Compensation may be claimed to cover the cost of any medical expenses as a result of the incident.
- Funeral costs. Funerals and burial costs are often expensive, so a person can claim compensation for these costs through a wrongful death lawsuit.
- Loss of inheritance as a result of the wrongful death.
- Loss of services. These can include chores (such as housework), cooking, care for family members (such as children or elderly), or another service that has been lost as a result of the deceased’s death.
Contact the Law Office of Joseph J. Perrini, III, to Talk About Your Wrongful Death Case in Bellmore, NY
If you’re interested in filing a wrongful death lawsuit in Bellmore, NY but don’t know where to start, contact the law office of Joseph J. Perrini, III. We’re here to help get the justice you and your loved one deserve. Schedule a free consultation with us today, and let us help you the the compensation you need.
Call us today at 516-221-7900 or contact us online using our free and secure submission form. We are available 24/7 to assist you and offer FREE initial consultations.
Image Credit: Zhanna Hapanovich / Shutterstock
“Joseph J Perrini, esquire and his staff were top-notch and extremely caring and professional from the inception to the conclusion of my case. They got me so much more money than I expected and I strongly recommend anyone injured in an accident to use their”
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