In New York, fatalities occur due to a wide spectrum of reasons. Some are unfortunate accidents while others are intentional acts. Families that start a wrongful death claim must prove the event that caused the fatality was wrongful. A wrongful death lawyer in Nassau County, NY provides details about these claims to families who suffer a devastating loss.
Negligence, Direct Fault, and Circumstance
The fatality described in the claim must fall into specific categories. The cause of the death must be due to a negligent act, the direct fault of the defendant, or due to avoidable circumstances. Negligent acts could include, but are not limited to, doctors who perform risky procedures without consent. The direct fault came into play when the fatality was caused by a direct criminal act. Avoidable circumstances could include an act of self-defense that didn’t require the victim’s death. The claimant must provide evidence to support their claim based on these categories.
Reviewing the Family’s Losses
A wrongful death claim presents a legal avenue to seek financial compensation. The claim helps the families receive repayment for financial losses that are limited to the identified fatality. This can include medical or funeral costs primarily. However, an orphaned child or a spouse who loses their companion can seek more substantial awards. Tort-based rulings may also apply in these cases and allow awards for mental anguish.
Civil Cases Linked to Criminal Cases
When civil cases are linked to criminal cases, the outcome of the criminal case could, in some ways, influence the outcome of the civil lawsuit. For example, if the defendant is convicted of murder, the court may require restitution for the family. If the family receives money, the civil case could be dismissed, or the award could be lowered.
In New York, fatalities present the potential for a wrongful death case. The fatality must be an act of negligence, crime, or based on circumstances that were unnecessary. Families that suffer these losses can file a legal claim to collect compensation. Families that need to speak to a wrongful death lawyer in Nassau County, NY can contact the Law Office of Steven R. Smith or click here for more information now.