Before you let the idea of there being many challenges with filing for wrongful death discourage you, understand that an experienced New York wrongful death attorney knows exactly what to do to make this as successful a case as possible. However, without the advice of an attorney, there are many difficulties that you could run into. Contact our office today to schedule a free consultation.
Challenges with Filing for Wrongful Death | Who Can File?
The first thing that needs to be determined is who will be responsible for bringing the claim. The statues are a little more complicated in New York than they are in other states. In order to bring a claim, you must have been financially depended on the decedent (your loved one who has passed away).
You may bring a wrongful death claim if you are:
- The decedent’s child
- The decedent’s spouse
- The decedent’s parent
- The decedent’s personal representative
There may be additional family members or loved ones that are named as a personal representative of the estate. To be sure of who can bring a claim, it is very important that you sit down with an experienced New York wrongful death attorney to identify who that person will be.
Challenges with Filing for Wrongful Death | Proving Negligence
Wrongful death is a category of personal injury in that it has its own definition and claims structure. For an incident to qualify for wrongful death, there has to be provable negligence or malice involved with the loss of your loved one. This would be an instance where someone acted in a way that directly or indirectly resulted in the injury and subsequent death of your loved one.
Some of the events that wrongful death includes are:
- Motor vehicle accidents, or drunk driving
- Construction accidents
- Dog attacks
- Nursing home abuse
- Manslaughter, or murder
Our experienced New York wrongful death attorneys will help guide your family through this difficult time. Contact our office to schedule a free consultation.