When your loved one dies because of an accident or intentional malicious act, it can be devastating. Under New York law, if your loved one dies as a result of tortious conduct, you have the right to pursue a wrongful death claim.
A Yonkers wrongful death lawyer can pursue damages if your loved one died as a result of:
- A car accident
- Homicide
- Medical malpractice
- Elder abuse
- Train and airplane accidents
- Construction accidents
Tortious conduct involves both intentional and unintentional actions. Wrongful death claims must be filed within two years of the death of your loved one. New York limits who can file a wrongful death claim to:
- Children
- Parents
- Personal representatives
- Spouses
When your loved one passes, it can cause emotional pain and financial losses. If your loved one was the financial provider for your family, their untimely death can make it impossible to maintain your standard of living.
A Yonkers wrongful death lawyer can file a wrongful death claim and pursue damages for:
- Funeral and burial expenses
- Loss of affection
- Pain and suffering
- Future lost earnings
- Medical bills
Wrongful death claims are survivorship claims, which is why they are limited to specific family members. Filing a wrongful death claim can be complex, especially if your loved one has an estate that is proceeding through probate court. A Yonkers wrongful death lawyer can help you pursue the damages you are entitled to and can navigate the complexities of pursuing the claim without disturbing probate matters.
If your loved one died and you believe you have a wrongful death claim, call Morelli Law Firm today at (212) 751-9800 to schedule a free consultation.
What is Wrongful Death?
When tortious conduct results in death, the family members and estate of the deceased have the right to pursue a wrongful death claim. Additionally, to file for a wrongful death claim, a Yonkers wrongful death lawyer must prove:
- The deceased would have been entitled to pursue a personal injury claim if they lived
- Your loved one’s death resulted in economic losses
- You have a recognized relationship with the decedent that entitles you to pursue damages
Accidents and intentional actions can entitle you to pursue a wrongful death claim.
Intentional Torts
Intentional torts that result in death can allow a Yonkers wrongful death lawyer to recover additional compensation, such as punitive damages. Many intentional torts are also crimes in New York. Examples of intentional torts that can give rise to a wrongful death claim include:
- Vehicular homicide
- Murder
- Manslaughter
Intentional torts involve conduct that is:
- Malicious
- Wanton
- Evil
An intentional tort can cause the tortfeasor to face criminal prosecution. However, you can also pursue civil damages.
Unintentional Torts
When your loved one dies because of reckless or negligent conduct, you can file a wrongful death claim because those actions are considered unintentional torts. If your loved one was the victim of medical malpractice, it would be considered an unintentional tort. A Yonkers wrongful death lawyer can demonstrate that the tortfeasor had a duty to care for your loved one and violated this duty. When the violation of a duty to care results in death, it allows you to file a wrongful death claim.
Accidents are a common example of negligence. Car accidents, while unintentional, are usually caused by driver errors. If your loved one died in a car accident and the other driver violated traffic laws, such as speeding, a Yonkers wrongful death lawyer can pursue damages.
Liability
When a Yonkers wrongful death lawyer pursues damages, multiple parties can be liable. If your loved one died in a car accident, your loved one’s insurance policy, as well as the other driver’s insurance policy, may be liable. If your loved one died as a result of elder abuse at a nursing home, you may have claims against the nursing home and their insurance policy. When your loved one dies as a result of medical malpractice, the treating doctor and the medical practice they work for can be liable.
Call Morelli Law Firm today at (212) 751-9800 to schedule a free consultation to discuss whether you are entitled to file a wrongful death claim.
Damages
A Yonkers wrongful death lawyer can pursue economic, noneconomic, and punitive damages.
Economic
Economic losses are actual costs you incurred as a result of tortious conduct. In wrongful death claims, economic losses can include:
- Burial and funeral expenses
- Medical bills for treatment your loved one received before dying
- Attorney fees
- Filing fees
You can prove your economic losses by providing copies of bills and receipts. You must incur economic losses to prevail in a wrongful death claim.
Noneconomic
New York allows you to recover damages for future losses and the emotional suffering of your loss. Examples of noneconomic damages a Yonkers wrongful death lawyer can pursue include:
- Future lost earnings
- Loss of support
- Pain and suffering
- Emotional distress
Noneconomic damages consider how your loved one’s death impact your physical, emotional, and financial wellbeing. If your parents died and you relied on them for support, juries can consider their future earning potential and the loss of support when calculating damages. You can also recover damages for the emotional pain associated with losing a loved one, such as the inability to receive advice from a parent.
Punitive
When the tortfeasor’s actions were rooted with malicious intent, a Yonkers wrongful death lawyer can pursue punitive damages. Intentional torts, such as murder, may allow you to receive punitive damages. Juries consider the intent of the tortfeasor and whether they understood that their actions would likely cause harm. Punitive damages are rarely awarded during civil cases. Unlike economic and noneconomic damages, punitive damages are meant to punish the tortfeasor.
Yonkers Wrongful Death Lawyer Near Me 877-751-9800
Call Morelli Law Firm Today
When your loved one dies, it can be devastating. Especially if their death was untimely and was caused by tortious or malicious conduct. When a loved one dies because of tortious behavior, a Yonkers wrongful death lawyer can help you seek recovery for economic, noneconomic, and punitive damages to compensate you for your losses. Consulting with an attorney is the best way to protect your legal rights and ensure that you receive the compensation you deserve.
Call Morelli Law Firm today at (212) 751-9800 to schedule a free consultation.