An accident that claims the life of a loved one is a traumatic event that will stay with you for the rest of your life. The negligent party responsible for the accident that caused the untimely death of your loved one must be held liable for the pain and suffering caused by their actions. You may be entitled to compensation to cover your losses.

Speaking with a wrongful death lawyer at the La Sorsa and Beneventano Law Firm is the best way to reach a fair outcome and recoup some of the financial loss.

How the La Sorsa and Beneventano Law Firm Handles Wrongful Death Claims in White Plains New York

Under the law, a wrongful death is defined as a death that occurs when an entity or person willfully causes the death of another person. A person can also sue for wrongful death if the defendant’s negligence contributed to or caused the death of a loved one. As an example, a doctor may be held responsible for damages if they failed to perform certain actions outside the standard of care, or an intoxicated driver caused an accident that resulted in the loss of a loved one.

Seeking Compensation in a Wrongful Death Claim

While some families may feel that seeking compensation for a wrongful death is pointless because no amount of money can replace their loss, you must hold the negligent party accountable for their actions. A wrongful death lawsuit can cover the expenses of a funeral and the loss of wages that a loved one contributed.
In most situations, the person who files a wrongful death lawsuit must be an immediate family member of the deceased. Legal spouses, children, and parents of the deceased have legal grounds to file a lawsuit when a wrongful death occurs.

Proving Negligence in a Wrongful Death Lawsuit

In a criminal case, the accuser must prove that the defendant is guilty beyond a reasonable doubt. In a civil case, the accuser will need to provide a preponderance of the evidence. Essentially, this means that a family can win a wrongful death lawsuit if they can prove that the defendant more than likely caused the death of their loved one. In some cases, a court can order the defendant to pay wrongful death damages, even if the defendant was not found guilty at a criminal trial. This is because the standard of proof is different.

White Plains Wrongful Death Lawyers

Punitive Damages Vs. Monetary Damages

Punitive damages are damages that a court will require the defendant to pay as a form of punishment. Under New York law, a person cannot sue someone for punitive damages unless there is clear evidence that shows wanton and willful negligence. This makes the standard of proof relatively high. Monetary damages are costs that a family needs to pay as the result of their loved one’s death. These damages will often include funeral costs, medical bills and other expenses that the family would not have otherwise had to pay.

Holding the Negligent Party Responsible

A family can sue the party responsible for the death of their loved one to receive the compensation they need to cover the financial loss and other expenses. Speaking with a New York wrongful death lawyer is the first and more critical step that a family can take when they want to file a wrongful death claim. The laws surrounding wrongful death lawsuits are very complex. During this time, a wrongful death attorney can explain what legal actions must be taken and what a family can expect in terms of how a case will progress and what evidence is needed to hold the negligent party responsible.

The evidence used to prove negligence can include police reports, records of past disciplinary actions against staff, security footage, witness statements, health records, and other types of documentation. The law gives families two years to file a wrongful death lawsuit, however, in most situations, a family will need to take action within six months if the family intends to sue a government entity. An attorney will help the decedent’s family understand the deadlines that must be met.

Wrongful Death Damages in White Plains

In a wrongful death claim, the difference isn’t just in the plaintiff. The damages that are awarded for wrongful death are often meant to fill two needs: Compensation for the financial impact on the surviving family.

Funeral costs or other types of expenses that stem from the victim’s death.
This means that family members can receive compensation to cover the deceased’s medical bills, funeral expenses, and compensation based on the deceased’s earning potential. This will be very helpful for families who have lost elderly family members or children. However, if the decedent didn’t provide any form of income, then the family will most likely receive less compensation for the loss of the decedent.

While a settlement will not bring a family member back, it can make dealing with the loss easier, financially speaking. Having a wrongful death attorney on your side can help to strengthen your claim and can make a major difference in the type of settlement you receive.

Contact a Wrongful Death Lawyer at the La Sorsa and Beneventano Law Firm

Families who have lost a loved one due to negligence deserve compensation to help them maintain and recover their day to day expenses, and to cover the costs of funeral expenses, and medical bills. Meeting with a wrongful death lawyer in White Plains, New York should be your first step. Fortunately, the La Sorsa and Beneventano Law Firm offers free consultations that allow families to discuss their case and learn more about the laws that surround wrongful death lawsuits. During a consultation, an attorney can discuss the steps that must be taken to pursue a lawsuit against the negligent party, how to protect the integrity of the case during this time by avoiding speaking to the defendant’s legal representative, and why the case should not be discussed with insurance companies. Contact our firm today to schedule a consultation.