Losing a loved one is a horrific experience, especially when it is sudden and due to an accident. In the event that an accident caused by negligence results in the death of an individual, legal action can be pursued to recover compensation for the loss of life. If you lost a loved one in an accident due to negligence, continue reading below to learn more and contact a compassionate New York wrongful death attorney for assistance.
What is Considered a Wrongful Death?
The state of New York lays out specific criteria that must be met in order for a death to be considered a wrongful death. This includes the following:
- There was a death
- The death occurred as a result of another party’s negligence
- It must be proven that if the fatally injured person had lived, the action against them would have been illegal
- The deceased individual left behind a family who suffered a significant financial loss due to their loved one’s passing
- The grieving party deserves financial compensation for their loss
How do I Recover Compensation After a Wrongful Death?
After a wrongful death occurs, the deceased’s personal representative of their estate can bring a lawsuit to court. While this is true, it is important to know that they are doing so on behalf of the family that was impacted to seek financial compensation for them. To prove that a person would still be alive today if not for negligence, certain evidence must be gathered that proves negligence. This can include footage and/or picture of the accident, medical records pertaining to the death, a police report, witness statements, and more. If the representative is successful in proving negligence, compensation may be awarded to provide coverage for the following:
- Funeral costs
- Loss of inheritance for surviving children
- 9% interest on the recovery awarded, which starts at the date of the death
- Support and services provided for the grieving family that the deceased once provided
- Lost wages and benefits
- Health care expenses associated with the accident
Contact our Firm
A personal injury accident can have a great impact on your life and your bank account. At Katter Law Firm, we believe that everyone should be held liable for his or her own negligence; you should not have to bear the burden of someone else’s mistakes. To learn more or to schedule a free consultation, visit us online or call us today!