A "wrongful death" occurs when any person dies as a result of the negligence of another person or business. New York has special rules for bringing wrongful death actions. In general, a representative of the estate must first be appointed by a court and given authority to act on behalf of the estate. That representative may then bring a wrongful death action against the parties responsible for the fatal accident. In the event the claim is settled, New York's rules generally require the estate's representative to apply to the court for judicial approval of the settlement before the settlement proceeds can be distributed.
When handling a wrongful death case, it is important to explore and assess all items of damage resulting from the accident. In many cases, the victim of an accident who suffers fatal injuries may experience pain and suffering after the accident and prior to death and may have experienced "pre-impact terror". Those around him or her may have been in a zone of danger or experienced their own emotional trauma from having witnessed the accident (a separate item of damage). The person may have left behind a spouse or children who depended on the decedent's guidance, monetary support and companionship. There may be funeral bills or medical bills the estate remains responsible for. There may be life insurance benefits, pension benefits or other sources of income which need to be claimed, preserved and protected.
To fully assess wrongful death claims and the extent of any related damages, and to fully protect the interests of the estate and family members, Sugarman Law Firm's team of personal injury trial attorneys thoroughly investigate the accident, take photographs and statements when necessary, and consult with accident reconstruction specialists, traffic engineers, economists, and vocational consultants. We work closely with any treating doctors and medical examiners to gain a full understanding of the injuries suffered, the level of consciousness, and the exact cause of death. Sugarman Law Firm also employs attorneys who focus exclusively on wills, trusts, Surrogate Court matters, Estate proceedings, and other related matters to ensure that each wrongful death claim receives the attention and skillful representation needed to protect estate assets from creditors, maximize the estate's recovery, and minimize the estate's tax burden.
Whether the wrongful death claim arises from a motor vehicle accident, construction site accident, defective product, toxic exposure, or some other negligence, we are familiar with the complex principles used to determine the causes of the accident, the medical evidence necessary to establish the cause of death and achieve a successful result, and the vocational and economic principles insurance carriers rely upon to evaluate and calculate losses. If a loved one has suffered fatal injuries due to the negligence of another, there is only one chance to obtain full and fair compensation for your losses. To find out how Sugarman's team of personal injury trial attorneys can help, call or e-mail on of our attorneys to schedule a free consultation.< /p>