When a loved one dies in New York as the result of another person's or entity's negligence, only the executor or administrator of the individual's estate can file a wrongful death case against the negligent party in pursuit of compensation. Wrongful death cases might be the result of construction incidents, traffic collisions, medical malpractice or premises liability, among others. Due to complexities such as this, legal guidance and help from experienced attorneys might be the best way for many people to seek compensation.
One of the main things that you need to do during a wrongful death proceeding is build a strong case that demonstrates that the party acted recklessly or negligently and that those actions resulted in the death of your relative. You also need to show the court that you are a surviving spouse, child or other dependent or beneficiary. Next, you need to have documentation that demonstrates the financial damage that you and other survivors have suffered in relation to the sudden death. If the deceased experienced pain and suffer before passing away, you should show evidence of that as well.
The stronger you make your case, the better chance you have of the judge awarding compensation. Some of the damages that you might be able to pursue in your case include medical expenses related to the injuries that caused your loved one's death, the cost of the funeral and the loss of support and companionship.
At our firm, our experienced attorneys may be able to assist you in building your case. We can also seek to help you obtain the title of estate executor or administrator so that you can file the claim. If you are interested in learning more about the types of compensation that you could recover for the loss of a loved one, you are invited to take a look at our wrongful death page.