Speak with a Corning Wrongful Death Attorney After the Loss of a Loved One
Wrongful death claims are the most difficult legal claims to bring. Men and women who have lost members of their families are overwhelmed by the grieving process, and understandably don’t want to be bothered with lawsuits. Nonetheless, at some point, they’ll need financial compensation to pay for the monetary losses that come with the loss of their loved ones. A Corning wrongful death attorney at Proudfoot Law Firm can help you understand your legal options and explain the law as it applies to your specific situation.
How Do I Know if I Have a Wrongful Death Case?
Wrongful death cases arise after a family member has died due to a personal injury that may have been the result of an accident like an auto accident, motorcycle accident, or from medical malpractice. A Corning wrongful death lawyer at Proudfoot Law Firm can help you determine if the situations surrounding the death meet the criteria for a wrongful death lawsuit in Corning. For example, did the defendant’s negligence cause the death? We don’t expect you to know these answers, which is why we offer free consultations. There is no risk in calling to learn about your legal options.
Who Can File a Wrongful Death Claim in New York?
New York law requires that the wrongful death lawsuit be filed by the personal representative, sometimes called the “executor,” of the deceased person’s estate. Unlike many other states, New York does not allow a family member to bring a wrongful death claim to court unless that family member is also the personal representative of the deceased person’s estate.
What if My Deceased Loved One Was at Fault for the Accident?
If deceased loved ones are entirely at fault for their accident, then there may be no benefit from bringing a wrongful death claim. However, there are likely other parties who are partially at fault, and these parties may not be immediately obvious for someone without a legal background. For example, if a car part failed and caused the accident a car manufacturer could be held liable, and municipalities are required to maintain roads and can be held accountable if dangerous conditions caused an accident.
Plaintiffs in New York may still recover damages in wrongful death claims even if the deceased person was partially responsible, but the amount they recover will be lowered in proportion to the amount that they are at fault. If a jury determines that the defendant was 90% at fault and the deceased person was 10% at fault, the deceased person’s personal representative will recover 90% of the total damages on behalf of the surviving family.
There can be thousands of dollars riding on this decision, and the deceased person is not available to defend him- or herself, which is why you need a Corning wrongful death attorney at Proudfoot Law Firm to argue for the maximum financial compensation you deserve.
A Corning Wrongful Death Lawyer at Proudfoot Law Firm Can Help if You’ve Lost a Loved One
Proudfoot Law Firm understands the pain and suffering you’re experiencing after the loss of a loved one. We can’t fix your loss, but we can help you recover the financial compensation you’ll need to pay for all of the things you’re missing as a result of such a loss. Contact us for a free consultation. The call is risk-free for you. If we don’t win, you don’t pay.