The loss of a loved one is a distressing event, no matter what the circumstances may be. However, if your loved one died as the result of another individual’s or company’s negligence, then you may have a wrongful death case. At David Carr & Associates, we work closely with families in the greater New York City and Western New York areas who are grieving the loss of a loved one as a result of a wrongful death action. Whether your loved one died because of a car accident, a defective product, a fall, or any other type of tort, we are here to help.
A strong New York wrongful death case must prove several elements, including, but not limited to:
The wrongful death claim may seek damages on behalf of the deceased individual’s heirs, beneficiaries, and devisees. However, New York State mandates that the individual filing the claim must be the legally appointed personal representative of your deceased loved one’s estate. Individuals who were financially dependent on the deceased individual- a spouse and young children, for example- may receive a larger portion of the proceeds than adult children.
The priority of distribution is state-specific, so it is vital that you seek legal advice from an experienced NY wrongful death lawyer to establish clear expectations. New York State has established a priority for the distribution of proceeds from a wrongful death case as follows:
Compensation for a wrongful death claim may include both economic and non-economic damages. Economic damages are easier to calculate and may include medical bills, funeral and burial expenses, and lost wages). Non-economic damages are more difficult to quantify, but are no less important to the survivors. Examples may include pain and suffering, loss of companionship, and loss of parental nurturing.
When you experience the death of a loved one as the result of a fatal accident, finding the strength to move forward can feel overwhelming. We emphasize a strong attorney-client relationship and are here to help you navigate the emotional and legal aspects of your case, every step of the way.
If you believe that you have grounds for a wrongful death case, here are a few steps that you’ll want to take to increase your changes of obtaining a full financial recovery:
When you contact David Carr & Associates, you’ll find the wrongful death attorney in New York City and Buffalo-area residents rely on to handle wrongful death cases with experienced, caring service. Contact us today for a free consultation.