Bronx Wrongful Death Attorney
The New York Estates, Powers and Trust Laws (EPTL) are the statutes that are used to deal with wrongful death cases. Under this act, in order to make a case, one must be able to clearly demonstrate five elements which are:
- That a death occurred
- That the death was caused by another person’s action or inaction
- That if the victim had lived they would have had grounds for a personal injury suit
- That the victim had survivors who lost due to the death
- That the estate can collect damages
Proving Wrongful Death Cases
While it may seem straightforward, wrongful death cases are not always easy to prove.
- Death as a result of gunshot wounds – Should a loved-one die because they were struck by a bullet from a weapon, the death could have been prevented had the third-party not fired the weapon. This may apply whether or not the weapon handler intended to shoot the victim or not.
- Death as a result of vehicle accidents – Depending on the circumstances of the accident, the case may be difficult to prove. For example, it is easy if the responsible party was intoxicated but may be more difficult if they lost control of their vehicle.
- Medical malpractice deaths – When a loved one dies because a medical practitioner failed to provide a reasonable level of care.
Wrongful Death Lawsuits
New York laws do not allow surviving family members to file a suit directly; a family member may act as a representative to the estate if the decedent has a will naming them executor at the time of death. Otherwise, the Surrogate Courts in New York will appoint a representative to the decedent’s estate in the event they had no will at the time of death. Should damages be awarded, the personal representative is tasked with distributing the assets to the heirs and beneficiaries. Your wrongful death lawyer can help you with this process if necessary.
Damages in Wrongful Death Cases
There are two specific types of damages that may be collected in wrongful death cases which are monetary damages and pecuniary damages. Monetary damages include lost wages, victim’s pain and suffering prior to death, medical bill costs, funeral and burial expenses and loss of inheritance by the victim’s children among others. Pecuniary loss is more difficult and covers items like loss of companionship and mental anguish. New York courts typically also pay nine percent interest on any damages which are added to the settlement from the date of death.
While there will never be a sufficient amount of money that will ever take the place of a loved one, you need a lawyer who understands how these cases work and can fight for your family. When you lose a loved one, you are losing a companion, a source of income and for your children; they are losing the guidance of their parent and potential future inheritance from that parent.
When you have lost a loved one, contacting a lawyer as soon as possible is important. In New York, you have only two years from the date of the death to file a suit and your wrongful death lawyer needs sufficient time to investigate the case and prepare to fight for you and your family. If you have lost a loved one because of the inaction or actions of a third person, contact Bronx attorney Ivan M. Diamond, an experienced lawyer at 877-960-1702 immediately for assistance. I offer a free, no obligation consultation to victim’s families and I am committed to fighting to ensure you get the best possible results.
The Law Offices of
888 Grand Concourse #1L
Ivan M. Diamond
Bronx, NY 10451
Phone: (718) 588-2000
Ivan M. Diamond is available for home and hospital visits, as well as weekend and evening appointments.
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