New York City Wrongful Death Attorney
Wrongful death is a legal term which refers
to situations when a person dies due to negligence of another.
Wrongful death cases arise in a number of different ways like,
car accidents, medical malpractice, truck accidents, motorcycle
accidents, construction site accidents etc.
A wrongful death suit is different from other types of personal
injury claims because the actual victim is not bringing the
suit, rather it is usually a family member or the decedent’s
estate. A wrongful death claim is brought to try and recover
damages for injuries that the surviving estate and or family
have suffered due to the death of a victim. The damages recovered
usually do not include damages that are personal to the decedent,
since the decedent is not allowed to recover for pain and
suffering, mental distress, or any other form of compensation
unique to him or her. The purpose of a wrongful death suit
is to provide relief to family members who have been injured
emotionally and financially as a result of the family member’s
If you lost a loved one due to the negligent hands of another, contact an experienced New York Wrongful Death Attorney at Kleinick Law today!
Who can file a wrongful death law suit?
This will all depend on your particular states statutory
language, but generally it would be immediate family members
(i.e. spouses, children or parents) can pursue a wrongful
death claim (minors under the age of 18 years old may require
a guardian to represent their interests in court).
Each state has it own statute of limitation which defines
the time frame during which a lawsuit must be filed. These
time frames usually run from the time of the victim’s
death, although some states may allow a longer time period
for a lawsuit to proceed, if the act which caused the death
was not discovered until later.
A valid claim may be denied if it is filed after the statute
of limitations has run out. If you feel that you have a valid
claim for wrongful death, it is important that you speak with
a qualified lawyer at your earliest convenience to preserve
your rights. An early action will help to preserve evidence,
or locate witnesses that you may need to win your case.
Keith Kleinick can offer you more information about structured settlements if you are currently receiving compensation after losing a loved one in a wrongful death case.
The following types of damage are considered in a
wrongful death case:
- The expected loss in income of a person who has died.
- Sorrow, mental anguish, loss of companionship and comfort.
- Expenses for the care, treatment and hospitalization
for the person who has died.
Examples of these are immediate expenses associated
with the death:
- Loss of victims anticipated earnings in the future until
time of retirement or death.
- Loss of benefits caused by the victim’s death.
- Loss of inherits caused by an early in life death.
- Pain and suffering and/or mental anguish to the survivors.
- General damages and punitive damages.
Here at Kleinick Law our New York City Wrongful Death Attorneys use their years of experience in handling wrongful death
cases to investigate every possible factor that would cause
a wrongful death, and to ensure that you will receive full
compensation for your pain and suffering.
If you lost a loved one due to the negligent hands of another, contact an experienced New York Wrongful Death Attorney at Kleinick Law and fill out a free case evaluation form today! Your initial consultation is FREE! "If we don't win, you don't pay!"