If a person dies due to another party’s actions, the decedent’s family may file a wrongful death claim. These lawsuits seek compensation for a person’s survivors, and damages can include lost wages, loss of companionship, mental anguish, and funeral expenses. Below are things clients should bare in mind before hiring a wrongful death lawyer in Nassau County, NY.
When Can a Family File a Wrongful Death Claim?
Wrongful death actions can be initiated anytime a person dies due to someone else’s actions. Circumstances can include fatal accidents caused by negligence, deaths occurring due to faulty products, and medical errors. A person, company or government entity can be responsible if a person dies because of intentional or negligent actions.
Who Can File a Claim?
Wrongful death suits can be filed on behalf of anyone suffering damage due to the person’s death. These are referred to as parties of interest, and they can be family members, distant relatives or anyone who relied on the decedent for financial support.
Civil and Criminal Cases
In some cases, wrongful death claims are filed after criminal trials. They normally use similar evidence, but the burden of proof is lower. While a criminal defendant must be found guilty beyond doubt, civil juries can find someone liable for a person’s death by a preponderance of the evidence.
Proving a Wrongful Death
To bring a successful wrongful death case, a plaintiff must prove that the person’s death was caused by someone else’s intentional or neglectful conduct. The person’s survivors must prove that they have suffered measurable losses because of the event.
The Statute of Limitations
Every jurisdiction has a statute of limitations on wrongful death claims. In most cases, it is two years, but it can vary. The countdown starts when the cause of death occurs. For instance, if a person is injured and they later die of serious injuries, the clock starts ticking when the accident occurs, not on the date of death.
If a person believes they should be compensated for a family member’s wrongful death, they should consult a wrongful death lawyer in Nassau County, NY to explore their options. There is no real way to make up for a loved one’s death, but the team at the law office of Steven R. Smith will do everything possible to help the family become whole again. Visit the website to schedule a free initial consultation.
