Mount Vernon Wrongful Death Attorney
If you have lost a loved one due to the negligent or intentional actions of another party, you need an attorney who can represent you effectively and compassionately. Our Mount Vernon wrongful death lawyers can help you hold the at-fault party responsible. Arrange a free consultation today by calling (914) 993-0393 or sending us a message online.
Why Choose Our Mount Vernon Wrongful Death Lawyer?
- Our wrongful death lawyer will provide the personal attention to your case that it deserves.
- We have a proven track record of success, having obtained millions of dollars for victims’ families.
- Our firm has more than 50 years of combined experience handling wrongful death claims.
What Qualifies as Wrongful Death in Mount Vernon?
Under New York Estates, Powers, and Trusts Law EPT § 5-4.1, a death is considered wrongful if the following five elements are present:
- An individual lost their life.
- The death was caused by another party’s wrongful or negligent act.
- The deceased could have pursued a Mount Vernon personal injury lawsuit had they lived.
- The deceased’s family members suffered losses as a result of the death.
- The estate is eligible to recover damages.
There is one exception. When a fetus is killed due to negligence before being born, the at-fault individual cannot be held liable.
What are Common Causes of Wrongful Deaths?
Wrongful death can be caused by a variety of circumstances. However, some common causes that are often grounds for a wrongful death claim include:
This occurs when a healthcare professional’s negligence or mistake leads to the death of a patient. Examples of medical malpractice in Mount Vernon include misdiagnosis, surgical errors, medication errors, or failure to diagnose a medical condition.
Motor Vehicle Accidents
Truck, motorcycle and car accidents in Mount Vernon resulting in fatalities can be caused by reckless or negligent driving, such as speeding, drunk driving, or distracted driving.
Fatalities in work-related accidents can occur in many industries, such as construction, manufacturing, or transportation. These accidents are often caused by equipment failures, hazardous conditions, or human error.
A wrongful death claim may arise when a product is defective and causes the death of a consumer. Examples include defective car parts, toys, or medical devices.
Wrongful death can result from criminal acts such as homicide, assault, or battery.
Nursing Home Abuse
Elderly residents in nursing homes or assisted living facilities may suffer harm or death as a result of neglect, abuse, or mistreatment.
Airplane and helicopter crashes often result in fatalities and can be caused by pilot error, mechanical failure, or other factors.
This is not an exhaustive list, as wrongful death claims can stem from almost any situation in which a person is killed due, at least in part, to someone else’s negligent or dangerous behavior.
Who Can File a Wrongful Death Suit in Mount Vernon?
In Mount Vernon, a wrongful death lawsuit can only be filed by the personal representative of the deceased person’s estate. The personal representative is typically appointed in the deceased person’s will or by a court. This person is responsible for managing the deceased person’s assets and distributing them according to the will or New York state law if there is no will.
The personal representative must file the lawsuit on behalf of the surviving family members or other dependents who have suffered damages as a result of the wrongful death. These may include the deceased person’s spouse, children, parents, or other family members who were financially dependent on the deceased person.
What Damages Can Be Recovered in a Wrongful Death Claim?
In a wrongful death claim in Mount Vernon, the damages that can be recovered depend on the specific facts of the case, including the extent of the losses suffered by the surviving family members or other dependents. Some common damages that may be recovered include:
Economic damages refer to the financial losses that the surviving family members or other dependents have suffered due to the deceased person’s death. These may include the deceased person’s medical expenses, funeral and burial costs, lost income and benefits, and the value of the services and support that the deceased person would have provided to their family members or dependents.
Non-economic damages refer to the intangible losses that the surviving family members or other dependents have suffered as a result of the deceased person’s death. These may include loss of companionship, loss of support and services, loss of guidance and parental nurturing, and the deceased’s conscious pain and suffering.
In some cases, punitive damages may be awarded to punish the defendant for their wrongful conduct and to deter similar conduct in the future. However, punitive damages are not available in all wrongful death cases in New York.
Who Can Be Awarded Damages in a Wrongful Death Claim?
In Mount Vernon wrongful death cases, damages are awarded to surviving family members and are specifically intended for the deceased’s spouse, children, and/or parents. If the deceased does not have a will, the proceeds will be distributed according to the state’s intestate succession laws that govern how property is distributed. Those laws are as follows:
- If the deceased person had a surviving spouse and no children or other descendants, the spouse will inherit the entire estate.
- If the deceased person had a surviving spouse and children or other descendants, the spouse will inherit the first $50,000 of the estate plus one-half of the remaining estate, and the children or other descendants will inherit the other half of the remaining estate.
- If the deceased person did not have a surviving spouse but had children or other descendants, the children or other descendants will inherit the entire estate in equal shares.
If the deceased person does not have a surviving spouse or descendants, the estate will be distributed to their surviving parents, siblings, or other relatives, depending on the specific circumstances of the case.
Speak to a Wrongful Death Attorney
If your loved one passed away due to another party’s negligence, our Mount Vernon Wrongful Death Lawyer may be able to help your family get justice. Arrange a free consultation today by calling (914) 993-0393 or sending us a message online.