The unexpected death of the loved one is heartbreaking and it is difficult to overcome that loss. However, if the death was caused due to the negligence of someone, then it can also be devastating for the deceased’s family. In such a time it is difficult to console the family, money may not help a lot, but it can definitely ease the financial burden if it was the head of the family who died.
What is a Wrongful Death Claim?
If someone died due to the negligence act of someone or a deliberate act like murder or manslaughter, then the deceased’s family can claim for wrongful death. It is a criminal charge against the person who caused the death. A criminal charge punishes the accused with a fine or imprisonment, but in the wrongful death claim, the criminal has to award financial damages to the family for their wrongful act.
Syracuse is the 3rd biggest city in Upstate NY after Rochester and Buffalo. It ranks 14th as the most dangerous place in NY. In 2020, alone there were 30 homicides in Syracuse. Syracuse is said to be one of the worst cities to live in because 32.1% of locals are below the poverty line.
Powers & Santola, LLP, provide the best personal injury attorneys in Syracuse, NY. Whether you’ve been injured or lost a loved one due to someone’s negligence like medical malpractice, car crash, construction site, etc. then contact them for a free consultation. They help in gathering and compiling information and evidence, dealing with the insurance company, filing cases timely and appropriately, and going to court if necessary so that you get the best compensation.
What has to be proved in Wrongful Death Claim?
The victim’s family and the attorney have to arrange certain elements to have success in the case -
- The attorney has to prove that the accuser was in the position at the time of the incident. For example, a doctor prescribing medicine to the patient at the right time, or the driver that has to drive safely while pedestrians on the road.
- Once it has been identified that the accuser owed a duty of care, then it has to be proved that they breached or violated their duty. For example, giving the wrong medication to a patient or overdose, or a driver texting while driving or consumed alcohol.
- The plaintiff will have to prove that the death was caused due to the breach of duty by the accuser. For example, a doctor’s malpractice caused the death or driver was distracted due to which fatal injury was accused.
Claim Received in Wrongful Death
In wrongful death, the deceased’s family receives monetary damages like -
- The loss of inheritance
- Medical bill reimbursement at the time the deceased was hospitalized
- Funeral expenses
Sometimes families also include -
- Loss of parental guidance
- Loss of consortium
- Mental and physical stress
If you know someone who has lost a loved one due to negligence or deliberate act of someone, then help them by contacting a lawyer immediately. It may not help the family to get relief from the emotional loss, but it can surely help ease the financial burden due to untimely and sudden loss.