In addition to the significant emotional trauma of losing a loved one, families often face considerable financial difficulties. The compensation a wrongful death lawsuit will provide can help ease the financial burden.

What is a Wrongful Death Claim?

A wrongful death claim is a civil action made by the survivors of a person who has passed away due to another person’s recklessness, negligence, or misconduct. In these cases, the law allows the decedent’s family members to file a wrongful death lawsuit and seek monetary compensation. It is designed to compensate the family members who depended on the deceased for financial and emotional support. 

Wrongful death occurs when recklessness, negligence, or deliberate behavior results in the death of another person. A wrongful death case is a civil case, not a criminal case. This means that your wrongful death attorney will not need to prove that the other party had an intent to harm or kill. 

To establish a wrongful death case, a lawyer must prove that:

• The responsible individual had a duty of care to the deceased
• Their act or failure to act imposed that standard of care
• Their wrongful actions were the direct cause of the death of the decedent

Some of the most common causes of a wrongful death claim include:

• Truck accidents
• Car accidents
• Pedestrian accidents
• Birth injuries
• Medical malpractice
• Accidents at work
• Defective products

Wrongful death cases are often very complex because they can involve more than one party. For instance, a workplace accident may have caused the death of a worker, but it may be a defective product that was responsible. In this case, multiple factors are involved, and it is complicated to assign blame and fault for the fatal accident.

Who Can File a Wrongful Death Lawsuit

In New York, the personal representative of the decedent’s estate is responsible for filing a wrongful death claim. Any damages recovered can be distributed among surviving family members who were dependent on the deceased at the time of death. 

Typically, the surviving spouse and children come first. Parents may inherit if there is no surviving spouse or children. Extended family members, such as nieces, nephews, and siblings, can receive compensation if there are no surviving parents of the decedent.

Compensation for Your Family

Nothing can replace the loss of a loved one. No amount of money can repair the emotional pain and suffering you and your family experience. However, those responsible must be held accountable for their recklessness or negligence. In addition to helping financially, these cases can prevent similar tragedies from occurring to someone else.

Whether your loved one was lost in a car accident, work accident, or some other unfortunate event, we can help you pursue compensation for:

• Medical expenses
• Funeral expenses
• Loss of future inheritance
• Loss of spousal companionship
• Loss of parental guidance for minor children
• Lost financial support
• Pain and suffering for survivors

It is not possible to put a price on what a lost life has cost you. Various factors must be considered in wrongful death cases when a judge or jury calculates the amount of damages awarded.

At Apicella & Schlesinger Attorneys at Law, your wrongful death attorney will build a strong case so that you and your family will get the most compensation possible for the loss you have suffered. 

Compassionate Wrongful Death Attorneys

If you have lost a loved one, we understand what a devastating time this is for you and your family. We can help reduce the emotional strain of dealing with the insurance company and the parties responsible on your behalf. We will review all of the facts, gather statements, collect evidence, and build a wrongful death case. Do not navigate the complicated laws in New York alone. We are here for you and your family.

Wrongful death attorneys at Apicella & Schlesinger Attorneys at Law strive to achieve the best possible outcomes for our clients. With more than 45 years of experience, we will guide you through this challenging time with care and compassion.