There is no greater price to pay for someone else’s negligence than the loss of life. Unfortunately, countless families have to deal with these tragedies every year. According to the Centers for Disease Control and Prevention (CDC), accidents are the third leading cause of death in the state of New York. This cause amounted to 7,687 deaths in 2017 alone. While no amount of compensation can bring a loved one back, a White Plains wrongful death lawyer understands the extreme turmoil families face after losing someone they care about.
Here at Morelli Law Firm, we believe you should not be faced with the immense mental and financial burden of a loss like this when someone else was responsible. It does not matter where or how your wrongful death case occurred; if the death came as a result of someone’s negligence, they need to be held accountable for the pain and suffering they have caused. At the very least, we hope our firm can be there for you, so you do not have to go through this legal process alone when you should be spending time recovering with your loved ones. Damages awarded in these cases can enact a sense of closure that allows victims to take a step toward a new tomorrow.
If you have any questions about wrongful death cases in White Plains, contact a representative with Morelli Law Firm today at (212) 751-9800 for your free consultation. Together, we can fight to prevent future tragedies like this from occurring.
Proving Negligence in a Wrongful Death Claim
In order to prove that the offender in question was liable for a victim’s wrongful death case, they will need to show that some form of negligence occurred. This negligence can manifest in the form of both action and inaction, as sometimes failing to prevent an accident can be just as dangerous as causing one. For example, the manufacturer of a car with defective airbags can be liable for a victim’s death even though they did not physically cause the original accident. The liability may lie in the idea that their lack of safety precautions inadvertently caused the death where it otherwise could have been prevented if they did their job.
A large part of proving liability in many cases lies in the idea that the offender did not provide a proper duty of care to the victim. If the negligent party was responsible for protecting the victim, such as an employer, they have the innate duty to give them a reasonable expectation of safety. This idea is a major tenant of the legal concept of premises liability. A property owner may be responsible for a victim’s death because they did not do enough to prevent it. Premises liability is a major determining factor in many wrongful death cases caused by slip and fall accidents, which are the leading cause of traumatic brain injuries in America—according to the CDC.
Actionable Causes of Wrongful Death Cases
While wrongful deaths can occur virtually anywhere under any circumstances, the most common causes stem from motor vehicle accidents and medical malpractice. Further, even seemingly insignificant events can be the root cause of a wrongful death case, such as working in an environment that leads to prolonged exposure to dangerous chemicals. In some cases, diseases from toxic chemical exposure can only begin to show up after decades, long after the exposure became an afterthought. An investigation by a White Plains wrongful death lawyer can help bring these truths to light, even if the victim’s loved ones were not exactly sure if there was any relevant involvement.
Other actionable causes of wrongful death cases can include, but may not be limited to:
- Defective products, which include products that lead to physical injury resulting in death, but also substances that lead to diseases like cancer and infections
- Construction accidents and other workplace accidents where the victim did not receive the proper safety precautions
- Slip and fall accidents
- Dog bites or other acts of negligence involving animals
- Assaults resulting in fatal injuries, which may sometimes be the result of negligent security forces
- Pedestrian accidents
- Dangerous drugs, including overprescribing
- Medical malpractice during surgery or the failure to identify health defects
- Nursing home abuse
- Neglect, including failing to protect vulnerable parties from hurting themselves, such as children
- Mass transit accidents
- Improper building construction and maintenance, which can lead to structural collapse, fires, and other accidents
- And more
To learn more about whether your case may qualify for a wrongful death suit, contact Morelli Law Firm today at (212) 751-9800 for your free consultation.
White Plains Wrongful Death Lawyer Near Me 877-751-9800
Potentially Recoverable Damages from a Wrongful Death Case
Victims who may be entitled to compensation in wrongful death cases typically consist of the immediate family members of the deceased party. If the negligent party in question is liable for the death, the victims may be eligible to receive damages awarded for financial losses. Additionally, the manner of death may play a role in the amount of compensation. In cases where extreme negligence or malice was displayed, the court may also award punitive damages to show the public that these actions are intolerable.
Examples of recoverable damages can include:
- Funeral costs
- Loss of head of household earnings or other financial support
- Medical expenses
- Loss of future inheritance for direct descendants
- Interest accrued since the date of death
- And more
Wrongful Death Lawyers Fighting To Let Victims’ Voices Be Heard
New York Estates, Powers & Trusts (EPT) §5-4.1 provides a 2-year statute of limitations on wrongful death cases, after which victims may not be allowed to attempt to recover compensation. When you retain the services of a White Plains wrongful death lawyer through Morelli Law Firm, we will begin looking into your case as soon as possible so you may have an opportunity to fight for compensation after such a terrible loss.
To learn more about wrongful death cases in White Plains and what the legal road ahead may look like, contact a representative with Morelli Law Firm today for your free consultation at (212) 751-9800.