New York Wrongful Death Attorney: How to Determine Your Claim Eligibility

What is a Wrongful Death Claim Made of?

Your New York wrongful death attorney can make a wrongful death claim when the deceased has passed away due to a wrongful act, neglect, or default of another party. In the context of wrongful death claims, “default of another party” means that the death has occurred due to one of the following actions:

1. Negligence: Failing to exercise reasonable care to avoid an accident.
2. Recklessness: Acting with disregard for the safety of others, like speeding or driving under the influence.
3. Intentional misconduct: Deliberate harmful actions such as an assault leading to death.

An experienced wrongful death attorney in New York will carefully analyze all the details of your case to determine the type of wrongful death claim you may pursue. They identify the liable parties, gather relevant evidence, and classify the nature of the claim.

Real-Life Examples of Wrongful Death Cases in New York

To better understand how wrongful death claims manifest, let’s discuss some real-life cases from New York. In 2018, a tragic helicopter crash in the East River resulted in the deaths of all passengers. Trevor Cadigan was one of the victims, and his family sought justice through a wrongful death lawsuit. With the expertise of their wrongful death attorneys, the Cardigan family held the responsible parties accountable and secured the largest wrongful death compensation in New York with a $116 million verdict.

Another tragic example involved Robert L. Brooks Sr., who died after being brutally beaten by guards at Marcy Correctional Facility. His son filed a wrongful death lawsuit with the help of a wrongful death attorney whose legal team worked hard to build a strong argument regarding abuses within the facility.

A $31 million verdict was secured by a wrongful death attorney on behalf of the family of a 70-year-old woman. An incorrect heart procedure at Montefiore Medical Center was the cause of her death.

Who is Eligible to File a Wrongful Death Claim?

In New York, the eligibility to file a wrongful death claim is specifically designated to the personal representative of the deceased person’s estate. Therefore, even if you are an immediate family member, you can’t file a wrongful death claim directly. In contrast, many other states permit immediate family members like spouses, children, or parents to file wrongful death lawsuits directly.

Although the personal representative is the only one who is eligible to file a wrongful death lawsuit, the claim is made for the benefit of the deceased’s survivors, that is, spouse, children, parents, and other beneficiaries.

To understand who can qualify as the personal representative and beneficiaries for your wrongful death claim, it is essential to consult a trusted New York wrongful death attorney. If you’d like to have a free consultation with our legal team at Gabriel Legal, call (212) 497-2421 or schedule an appointment here. Our skilled wrongful death attorneys can help you seek the justice you deserve.