Brookhaven Wrongful Death Lawyer | Experienced Attorneys Proudly Representing the Residents of Brook
Usually, the last thing on a surviving family member's mind when they have lost a loved one is to file a wrongful death lawsuit. However, in the case where a loved one's death occurred as a result of another party's negligent behavior, the best course of action is to file a wrongful death lawsuit.
This is especially true if the grieving family members are wanting to hold the negligent party responsible for their actions. While winning a wrongful death suit can't bring back a loved one, it is a way to ensure that family burdens are eased and, sometimes, may even bring some closure.
The Brookhaven wrongful death lawyers at Carl Maltese Law Firm are available to anyone looking for legal assistance when it comes to fighting for the justice of their lost loved one. They sympathize with their clients and what they are going through and are ready and willing to put their legal guidance and expertise to good use.
What Makes the Death of a Loved One Wrongful?
Death is regarded as wrongful if it was caused by another party's negligence or misconduct. There are many instances where a wrongful death may occur; the most common causes are namely:
Medical malpractice or medical negligence
Nursing home abuse or neglect
Why File Wrongful Death Claims?
Where a wrongful death has occurred, the individual that represents the estate of the deceased may choose to file a claim against the negligent party or parties responsible. The whole purpose of wrongful death claims is to help the surviving family members seek damages for their loss.
Surviving members of the family include:
A victim's spouse or romantic partner
The surviving children of the victim, and
The parents of the victim if the victim was still considered a minor
Wrongful Death Lawsuit - Building a Valid Case
Those who chose to make a wrongful death claim need to first establish that the death of their loved one was untimely caused on behalf of the responsible party's negligence or misconduct. They must be able to demonstrate that the defendant's misconduct or negligent actions directly contributed to the deceased's death or caused it.
Distinction Between Negligence and Misconduct
A person who shows misconduct disregards the harm that their behavior may have on others, whereas negligence refers to how a person did not take the necessary steps to properly address or respond to the situation at hand. An example of negligence can be seen in a case of elder abuse, where a nursing home employee failed to provide their patient with care in the appropriate time frame and, as a result, showed negligence.
To build strong wrongful death cases, two things need to be proven, and a personal injury lawyer at Carl Maltese can establish this if they were given the opportunity to take on their client's wrongful death case; these are:
#1 The Defendant Owed Some Form of Legal Duty
All individuals have the obligation to behave responsibly, just as much as they are responsible for the consequences of their behavior. Therefore, individuals are legally obligated to avoid behaving in such a way that causes harm to others in order to protect themselves and the people around them.
#2 The Defendant Breached Their Legal Duty
In order for a wrongful death case to be successful, there needs to be some form of evidence to support the claim that the defendant acted carelessly and recklessly, resulting in unreasonable behavior. It must also be demonstrated that the misconduct or negligence of the defendant resulted in the wrongful death of the deceased.
Who Can File a Wrongful Death Lawsuit in Brookhaven?
According to the New York State, the only individual eligible to make a wrongful death claim against the responsible party is the personal representative of the deceased's estate. Usually, it is the County Surrogate's Court that appoints this representative, and this administrator can be either the estate's executor or their administrator. In some cases, the will of the deceased may name a person as the executor of the estate; however, if this is not specified, the Surrogate's Court will decide who the administrator will be.
What Family Members Can File a Wrongful Death Suit?
The following family members of the deceased with the assistance of a trusted Long Island wrongful death attorney are able to make a wrongful death claim in Brookhaven, NY:
Biological or adopted children
Parents of the deceased
Living blood relatives who were financially dependent on the deceased
The Deadline for Filing a Wrongful Death Claim
When it comes to making a claim, there are strict deadlines making fast action of vital importance. Thankfully, the legal team at Carl Maltese works efficiently with their clients to speed up the legal process.
Therefore, if a representative has decided that they want to take legal action against the at-fault party, it is crucial that they are able to find a Brookhaven personal injury lawyer who will respond swiftly so that these time limitations can be avoided.
In cases where public authorities are involved, the limitations are even more strict. Due to the fact that it is in no way possible to extend the statute of limitations, the survivors must act immediately.
What Damages Can a Wrongful Death Suit Recover?
First things first, the Brookhaven personal injury lawyers at Carl Maltese understand that no amount of money can make up for the loss of a loved one; however, wrongful death claims do seek damages for the economic impact that the death has had on families.
Damages for this type of claim are usually divided into two main categories. The first involves the pain and suffering that was experienced by the victim. This is where forensic pathologists come in to analyze the case and provide testimony. It is very hard for the survivors of the deceased to learn about the suffering their loved one went through before their death, but this testimony plays a crucial part when seeking compensation.
The second category of damages relates to the financial contributions that the victim made to their future earning potential, as well as their household. To better determine the financial impact that the loved one's death had on their household, financial records will be evaluated.
Common Types of Damages
There are many types of damages that may form part of a personal injury lawsuit, for example:
Medical bills and medical expenses
The value of the services that the deceased provided, which includes health care and childcare coverage
Lost future wages or loss of earning capacity
A lost inheritance or other additional assets
The loss of a parent to surviving children
When calculating monetary losses, two main factors are looked at, namely:
Age of the victim at the time of their death, and
The victim's life expectancy
The aforementioned factors hold a lot of weight in relation to lost earning capacity, for example, if a minor loses their parent, they also lose the financial support that they would have needed to grow towards adulthood.
Unfortunately, when assessing the damages, the pain and suffering experienced by the surviving family members are not yet considered by the New York State, thus, making the calculation of damages not as compassionate as it should be.
The Brookhaven personal injury attorneys at Carl Maltese are proficient and are doing their best to convince New York to begin considering emotional damages, like emotional distress, when it comes to calculating damages.
These Brookhaven personal injury lawyers at Carl Maltese are hard at work to get their clients the maximum compensation available under the law.
Other Brookhaven Practice Areas
The First Step Is to Contact a Brookhaven Personal Injury Lawyer at Carl Maltese for a No-obligation Consultation!
In order to pursue litigation for the wrongful death of a loved one, a person will need to reach out to a Brookhaven personal injury lawyer at Carl Maltese. Since as early as 1996, these Brookhaven personal injury attorneys have been recovering millions of dollars from personal injury cases for their clients and are ready to recover a million more.
When a client trusts the Brookhaven personal injury attorneys with their personal injury case, they can also trust that they will receive fair compensation for their loss and the opportunity to hold the wrongdoer liable for their intentional act of negligence or misconduct that resulted in the death of their loved one.
While a client is grieving, the Brookhaven personal injury lawyers at Carl Maltese will be handling the communications with the insurance company, the deadlines, and all the legal work involved in a client's case. If the settlement offer of the insurance company is not fair, these outstanding lawyers are willing to take the case to trial to fight for the justice their clients deserve.
A representative at The Law Office of Carl Maltese can be reached at (631) 857-3703. They will begin helping their clients with a case evaluation during a no-obligation, free consultation. If the situation of their client warrants them eligible to file a claim, they will legally represent their client on a contingency fee basis.