Welcome to the Wrongful Death webpage for Scott C.
Gottlieb, Injury Law Attorney. If you are facing the
emotional and financial consequences of losing a
loved one because of another's negligence or
misconduct, call our Binghamton, N.Y. office at
607-724-7700 for advice on your claim. We will work
with you to help you decide whether it is more
prudent to fight or to settle a case in order to
obtain the maximum awards. We will fight for you!
Wrongful death refers to a fatality that occurs
because of the negligence or misdeeds of another
person, corporation or entity. It is under tort law,
and is designed to compensate the surviving family
for their loss due to the death of another family
member. Wrongful death holds an individual, group or
corporation (defendant) accountable for causing
injury to another person (plaintiff). The primary
goal of a personal injury tort is to provide relief
(damages) to the plaintiff and to deter the
defendant from inflicting further harm to others. In
a wrongful death action, consideration is given to
the earnings the deceased would have provided to
their family had they lived and damages are awarded
to survivors based on this monetary loss. Survivors
may also receive damages for medical and funeral
expenses for the deceased, loss of services from the
deceased, loss of counsel from the deceased, and
sometimes, punitive damages.
Each state in the United States has its own wrongful
death statutes that govern wrongful death claims and
wrongful death lawsuits. In the state of New York,
wrongful death claims must be filed within two years
of the date of death.
The amount of damages awarded will depend on the
plaintiff's relationship to the deceased, while the
compensation for damages may include compensation
for the following:
- Damages
for the conscious pain and suffering that
preceded the family member's death.
- Reimbursement
for all medical expenses incurred as a result of
the negligence.
- Reimbursement
for the loss of any future income.
- Reimbursement
for property damage, if applicable.
- Reimbursement
for any future services normally provided to you
by the person who has died.
- Reimbursement
for loss of consortium, for example, a spouse's
right to the companionship, help and affection
from the person who has died.
Typically,
wrongful death suits involve
vehicular accidents
(aviation, automobile, ATV, motorcycle, or
railroad), defective products,
medical malpractice,
pharmaceutical liability, and a number of other
situations. The common element in most tort actions
is negligence, which is characterized by
inattention, thoughtlessness, inadvertence, and
mistakes. Negligence must be proven in wrongful
death cases. Here are the four critical components
of negligence that must exist in wrongful death
claims:
- The
defendant had a duty to the deceased. For
example, a car must obey the rules of the road.
- The
defendant failed in that duty (breach of duty).
For example, a car fails to stop at a red light,
or yield the right of way.
- That the fatality was caused by the
defendant's breach of duty. For example, a car
passes a red light and strikes another vehicle
or person.
- That the survivors are entitled to damages as
a result of the loss of their loved one. For
example, the closest relatives to the deceased
may bring a wrongful death action.
In addition to establishing negligence, the
joint life expectancy of the deceased and the
survivor or beneficiary must be presented (to
establish the loss of future earnings and
companionship). Finally, effective presentation of
the non-economical and emotional loss suffered by
the survivor is critical to a fair award of
damages.
Wrongful death cases are always emotional. While
you are grieving, you should not make any major
decisions that will limit any future recoveries
without consulting an attorney. You should not
enter into any settlement, sign any release or
accept any money in exchange for releasing an
individual, you should not release a corporation
or insurance company from liability without first
knowing all of your legal rights and what redress
is available to you and your family.
Experience Counts. Our overall goal is to
establish our office as the best office to hire
if you want compensation for your case. We base
this on our experience and past results.
We can also help you with other legal problems
that arise while your case is pending.
Our philosophy is to provide quality legal
services while treating each client with care and
respect. If you feel that you or a loved one has
suffered due to wrongful death, call our 24-hour
answering service at (607) 724-7700 or contact us
via our online contact form.
All calls and inquiries are responded to the same
day, usually within one hour. There is no
case-review cost.
Wrongful Death
Frequently Asked Questions (FAQs)
Free Wrongful Death Case
Evaluation
Personal Injury Glossary
Wrongful Death Glossary
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