Wrongful Death - Claims for Economic Loss
The injury lawyers at the Jesse Minc Law Group have decades of combined experience advocating for people who have suffered injuries or lost loved ones due to negligence. Wrongful death claims unfortunately can arise from any sort of accident, ranging from car crashes to slip and falls or medical malpractice. People who are dealing with the loss of a family member—and the loss of the support that their family member provided—need experienced advocates who will fight for their rights. Because our Bronx wrongful death lawyers understand how difficult it is to lose a loved one, and also how complicated it can be to administer the deceased person’s affairs after they pass away, we offer our wrongful death clients a complimentary service: We will do all of the necessary paperwork in connection with the appointment of an administrator or executor of your deceased loved one’s estate if we accept your wrongful death case into our firm for no additional legal fees.
Clients of the Jesse Minc Law Group always have direct access to the lawyer handling their case, and are not relegated to dealing exclusively with support staff and paralegals during the pendency of their case, as is unfortunately the case with many other personal injury attorneys. In order to ensure that our wrongful death lawyers can give each family the compassionate attention that they need, we limit the number of cases that we accept, and put our heart and soul into the cases that we do accept into our firm. Our record of success obtaining judgments and settlements for our clients—greater than 95 percent—speaks for itself. Contact us today at (718) 354-8000 for a free consultation at no risk to you.Asserting Your Rights Through a Wrongful Death Action
A wrongful death claim is a civil lawsuit seeking to hold someone legally responsible for the death of another person. While a criminal homicide case, such as murder or manslaughter, is brought by prosecutors employed by the government, wrongful death cases are filed by family members of the decedent and seek compensation for the economic loss sustained by the family as a result of the loss of their loved one. The burden of proof is much lower for a wrongful death claim than a criminal case. A prosecutor must prove guilt beyond a reasonable doubt, meaning that they must rule out every other plausible explanation for the victim’s death. By contrast, a wrongful death plaintiff must prove that the defendant was legally responsible for the victim’s death by a preponderance of the evidence. This means that all a wrongful death plaintiff has to prove is that it is more likely than not that the defendant is liable for causing the death of their loved one. A guilty verdict in a criminal case might result in a prison sentence. A verdict in a wrongful death lawsuit, on the other hand, results in an award of monetary damages.
A wrongful death case is essentially a personal injury claim brought on behalf of the descendents of the decedent (i.e., those who are a part of the decedent’s family and who will inheret through their estate). Our wrongful death attorneys can help families understand the law and each step of the process and collect the evidence that they need to present a strong claim. It requires proof of most of the same elements as a case alleging that a defendant caused injuries to another person. First, a plaintiff must establish that the defendant either breached a duty of care owed to the decedent or engaged in some form of wrongful conduct. Then, they must show that this act or omission by the defendant caused the death of the decedent. For example, a doctor who fails to promptly diagnose cancer might cause a victim’s death through this omission. This might give rise to a medical malpractice claim against the doctor and possibly other defendants. Finally, the plaintiff must show that they, as a relative or heir of the decedent, suffered financial losses because of their death. Claims for any conscious pain and suffering can also be brought in connection with wrongful death claims, and through these claims the family can obtain compensation for any pain and suffering experienced by the decedent in connection with the events that caused their death.
Damages in a wrongful death case may include medical expenses directly related to the death and funeral costs, but the lions’ share of the damages in any wrongful death claim in New York generally involve the economic loss (e.g., the loss of the earning power of the decedent, and the loss of financial support provided by the decedent to the familiy during their lifetime). Our Bronx attorneys can help illuminate each item of damages that you incurred. If the plaintiff can show that they reasonably expected continued support from the decedent, damages may include loss of support, financial and otherwise, and potential inheritance. It is not necessary for a plaintiff to show that they were receiving direct financial support from the decedent at the time of their death. “Support” can include non-monetary assistance like helping to maintain a household and helping to raise children. A claim for “loss of consortium” specifically refers to the companionship between romantic partners, and it is often separate from a wrongful death claim.
A wrongful death judgment must express the plaintiff’s loss in monetary terms, even when the decedent’s services were not primarily monetary. Here, various factors related to the decedent may be relevant, such as their age and health at the time of their death, their career and income, and their future earning capacity. For example, a 30-year-old construction worker who is killed in a fall from a scaffold or ladder likely would have accumulated many more years of income to support their family, and the specific nature of this loss will be taken into account.Hire a Wrongful Death Lawyer in the Bronx to Pursue Compensation
As a client of the Jesse Minc Law Group, you would benefit not only from the vast knowledge and experience of our attorneys but also an outstanding team of investigators and experts. We have access to top experts in a wide range of fields in forensics, medicine, engineering, highway safety, and more. We also have a retired N.Y.P.D. detective on staff who can help secure evidence and locate witnesses needed for your case. Best of all, these resources and services are available to you at no up-front cost. We will pay 100% of the cost to investigate and prepare your case, and you do not need to pay us back unless we win. Our free, no-obligation initial consultation includes a preliminary investigation of your claims, including obtaining medical records. Contact us today through our website or at (718) 354-8000 to get started. Se habla español.