The loss of a loved one due to another person’s negligence can be traumatic, but it may be essential to speak with a wrongful death lawyer New York, NY trusts. At Okun, Oddo & Babat, P.C., we know that the wrongful death of a loved one is never fair. No amount of money could ever replace the loss of human life. However, we know that a successful civil court case may give the victim’s family something very valuable: a sense of justice.
What Constitutes as a Wrongful Death Claim?
A family has the right to file a wrongful death claim if their relative was killed because of someone else’s negligence or because of an intentional act. Here are a few situations where a wrongful death claim may be applicable:
- Medical Malpractice: If your family member’s death occurred because a doctor failed to diagnose a condition or didn’t provide proper care, you may bring a lawsuit against that doctor.
- Car Accident Injuries: If your loved one died in a car accident where another driver was at fault, a wrongful death claim may be applicable.
- Intentional Homicide: If another person killed your family member on purpose, you might consider filing a claim in civil court.
How Do You Prove Your Case?
In order for a wrongful death lawyer New York, NY counts on to prove negligence in a wrongful death claim, he or she must provide evidence that the defendant had a duty to keep the victim safe and failed to do so.
For instance, if your family member was killed by a drunk driver, your wrongful death lawyer in New York, NY may argue that the defendant endangered your loved one’s life and acted negligently. Then, your lawyer must provide proof to the court that the driver’s blood alcohol level was indeed above the legal limit.
It’s important to keep in mind that wrongful death claims are filed through civil court and not through criminal court. The minimum burden of proof in civil court wrongful death claims is typically much lighter than the minimum burden of proof in criminal court homicide cases.
What Types of Damages Can You Win?
The damages available can differ depending on what state you’re in, but in general, your New York NY wrongful death lawyer may be able to prove that you suffered economic, non-economic and punitive damages.
- Economic: These damages include the financial losses you suffered due to your loved one’s death, such as loss of the victim’s earnings, loss of a pension plan, and funeral expenses.
- Non-economic: Non-economic damages may include the pain and suffering you endured and the loss of companionship, protection, and nurturing from your deceased family member.
- Punitive: These damages may be awarded in lieu of punishments like incarceration or community service hours (which may be awarded in a criminal case conviction). For example, if your loved one was abused in a nursing home and your trusts can prove that, punitive damages may be applicable.
Hire a Wrongful Death Lawyer New York, NY Residents Trust
Your deceased family member deserves justice for what happened, and your family deserves peace of mind while you heal. Working with a reputable wrongful death lawyer New York, NY relies on may increase your chances of winning your wrongful death lawsuit. If you are looking for a wrongful death lawyer New York, NY offers, contact Okun, Oddo & Babat, P.C. at 212-642-0950.