Latham Wrongful Death Lawyer
Compassionate & Experienced Counsel for Grieving Families
When a loved one is taken from you due to the negligence or misconduct of another, the grief and pain can be unbearable. In addition to the emotional trauma, you may also face significant financial challenges, including the loss of your loved one’s income, medical bills, funeral costs, and more.
At Basch Keegan & Spada, we understand what you are going through. We know that nothing can bring your loved one back, but we also know that you deserve justice and fair compensation for your losses. Our Latham wrongful death lawyers are here to help you navigate the legal process, fighting for the maximum compensation you are owed. We are available to answer your questions and address your concerns every step of the way.
What is Wrongful Death?
Wrongful death is a legal term that refers to a death caused by someone else’s negligence, carelessness, or wrongful act. In other words, a death that could have been prevented, had the defendant not acted negligently or wrongfully.
Some of the most common causes of wrongful death in Latham include:
- Car accidents
- Truck accidents
- Medical malpractice
- Defective products
- Workplace accidents
- Toxic exposure
- Motorcycle accidents
- Pedestrian accidents
- Premises liability
- Dangerous drugs
- Construction accidents
These are just a few examples of situations that can result in wrongful death. If you are not sure whether your loved one’s death qualifies as “wrongful,” we encourage you to reach out to our team at Basch Keegan & Spada. We can help you determine if you have a valid claim and, if so, how to move forward with the legal process.
Who Can File a Wrongful Death Lawsuit in New York?
Not just anyone can file a wrongful death claim in New York. Under state law, only the personal representative of the deceased person’s estate can bring a wrongful death claim. However, the personal representative can bring an action on behalf of the surviving family members, including the deceased person’s spouse, children, and other dependents.
If the personal representative does not file a claim within two years of the date of death, surviving family members may file a claim on their own, including:
- Spouse
- Children
- Parents
To succeed in a wrongful death lawsuit in New York, you typically need to prove the following elements:
- 1. Duty of Care: You must establish that the defendant owed a duty of care to the deceased. This means showing that the defendant had a legal obligation to act in a certain way to avoid causing harm to the deceased.
- 2. Breach of Duty: You must demonstrate that the defendant breached their duty of care. This involves showing that the defendant's actions (or inaction) fell below the standard of care expected in similar circumstances.
- 3. Causation: You must prove that the defendant's breach of duty was the direct cause of the deceased's death. This typically involves showing that the defendant's actions were a substantial factor in bringing about the death.
- 4. Damages: You must establish the damages suffered as a result of the wrongful death. This can include both economic damages (such as medical expenses, funeral costs, and lost income) and non-economic damages (such as pain and suffering, loss of companionship, and emotional distress).
Types of Damages in Wrongful Death Cases
Wrongful death claims are filed to compensate surviving family members for their losses. While no amount of money can ever make up for the loss of a loved one, a financial recovery can help ease the financial burden you face during this difficult time. It can also hold the at-fault party accountable for their actions and help prevent others from suffering similar losses in the future.
There are two main types of damages in wrongful death cases in New York:
- Economic Damages: These are the tangible, monetary losses you have suffered, such as medical bills, funeral and burial costs, loss of income, loss of benefits, and more.
- Non-Economic Damages: These are the intangible, non-monetary losses you have suffered, such as emotional anguish, loss of companionship, loss of parental guidance, loss of consortium, and more.
In some cases, the court may also award punitive damages. These are not meant to compensate the surviving family members for their losses but, rather, to punish the at-fault party for particularly egregious conduct. Punitive damages are only awarded in cases where the defendant’s actions were grossly negligent or intentionally harmful.
Each state has its own statute of limitations, or time limit, for filing a wrongful death lawsuit. In New York, the statute of limitations for wrongful death claims is generally two years from the date of the deceased person’s death.
How Our Firm Can Help
At Basch Keegan & Spada, we know that no amount of money can ever make up for the loss of your loved one. However, we also know that the financial strain of your loss can be immense, and we are here to help you fight for the full, fair recovery you are owed. We can handle all aspects of your wrongful death claim on your behalf, allowing you to focus on your family and your healing.
Our Latham wrongful death lawyers can help you by:
- Conducting a thorough investigation into the cause of your loved one’s death and identifying all liable parties
- Gathering and preserving all necessary evidence to support your claim
- Working with medical experts, economists, and other professionals to calculate the full extent of your losses
- Negotiating with the insurance company for a fair settlement
- Taking your case to trial, if necessary, to fight for the maximum recovery you are owed
Our team is here to provide the compassionate support and aggressive advocacy you deserve. We are dedicated to helping you secure the justice and financial security you need to move forward.
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