Wrongful Death

The loss of a loved one is the single most devastating experience anyone will experience in life. Losing anyone is difficult, but it’s often more difficult for family members to deal with when their loved one dies unexpectedly. Those who have loved ones with long-term illnesses or family members who have lived very long lives are just a devastated to lose their loved ones, but their deaths rarely provide the same shock factor as an unexpected death. When an unexpected death is caused by someone else’s negligence, it’s even more difficult for family to comprehend what happened.

Negligence in a wrongful death is encompassed by several factors. It includes reckless behavior as well as intentional behavior. Unexpected death provides significant challenges to those left behind; this includes financial burdens due to medical bills and funeral costs as well as the sudden loss of income the deceased brought home. These financial challenges are often life-changing, and not in a good way. If someone you love suffers from wrongful death, you can take legal action to help compensate you for the sudden changes in your life.

The associates at the law firm of Tom Schimmerling can help you file a lawsuit against the person responsible for the death of your loved one. Doing so allows you to seek financial compensation to pay for medical bills your loved one accrued before his or her death, as well as to cover the loss of income and the funeral costs for your loved ones. In some cases, compensation is provided for the pain and suffering families are caused.

What is Wrongful Death?

Numerous things are considered in wrongful death suits. The law states it must be anything that could have been prevented if the person who caused the death had not been negligent in their own actions.

  1. Automobile accidents: If a loved one is killed in a car crash due to someone else’s negligence, you have a wrongful death case. If the driver fell asleep at the wheel, was under the influence of drugs or alcohol, or wasn’t paying attention to the road or the signs posted, he or she is negligent.
  2. Work-related injuries: This one encompasses any accidents that happened at work that might have been prevented. For example, a Binghamton, NY employer who owns a building without working fire alarms who never replaces them is to blame if an employee is killed in a fire he or she didn’t know was burning thanks to the lack of fire alarms.
  3. Defective products: Consumers who purchase an item that might not work properly, such as a car with improperly working brakes, can become the victim of wrongful death. If a consumer drives home a car from a lot and the brakes aren’t working properly on this brand-new vehicle, the manufacturer becomes responsible if the consumer is killed in a crash after realizing he or she is unable to stop their own car.
  4. Medical Malpractice: Doctors are given a license to practice medicine with the assumption they’ll provide a reasonable care towards each patient they see. If a doctor kills a patient working on him or her while under the influence of alcohol, it is considered malpractice. There are many other forms of medical malpractice, too, but this is just one example.
  5. Personal Injury: Anyone who is injured by another person and dies is a victim of personal injury. An example might be someone who is beat up by another person and dies because of his or her injuries. Anyone who is a victim of a crime is a personal injury victim.
  6. Nursing Home Abuse: It’s self-explanatory, and it’s more common than many consumers realize.

Who Can File A Wrongful Death Suit?

Not just anyone can file a wrongful death lawsuit when a loved one passes. To become eligible to do this, you must meet at least one of the following criteria:

  •   You are the spouse of a victim
  •   You are the child of a victim
  •   You are the parent of a victim

There are laws that sometimes allow other family members to file wrongful death claims. This sometimes includes stepparents and stepsiblings, or legal guardians. The key piece of information the attorneys at Schimmerling Injury Law want you to know is there is a statute of limitations on wrongful death claims.

The loss of someone you love is incomprehensible, but it’s also best to immediately file a lawsuit when someone dies unexpectedly at the hands of someone else and their negligence. Attorneys must be able to collect evidence when it’s still available, and they need this time to gather the facts for the case they’re presenting. It’s difficult to think of anything other than how much you miss your loved one following death, but it’s imperative you act quickly. You won’t get your loved one back, but your family deserves as much good fortune as possible following the unexpected death of a loved one.

What Wrongful Death Damages Include

The loss of someone you loved is not going to be made easier, better, or more acceptable no matter how much money your family receives. Nothing can bring back the person you love and miss so much, but the compensation you receive as a result of a wrongful death lawsuit can bring financial peace to the areas of your life that are currently out of control. No one should be forced to deal with the financial ramifications of death when it was caused by someone else. It’s too much on top of the loss of their loved one. Most wrongful death lawsuits include compensation for the following damages:

  •   Medical expenses the deceased incurred prior to death as a result of the circumstances that caused his or her death
  •   Funeral expenses
  •   Burial
  •   Pain and suffering
  •   Loss of wages
  •   Loss of financial contribution
  •   Loss of care and protection
  •   Loss of companionship
  •   Loss of support
  •   Medical expenses taken on as a result of the death (emotional therapy, treatment for shock or depression, anxiety, or emotional distress, for example)

If you have questions regarding wrongful death damages, don’t hesitate to ask one of the attorneys at Schimmerling Injury Law. We are familiar with wrongful death and what expenses can be paid to you by the person at fault.

Contact Tom Schimmerling, an Experienced Binghamton NY Wrongful Death Attorney

You’re already suffering enough thanks to the negligence of someone else. The loss of a person you love deeply is shocking, devastating, and it’s something you’ll never get over. The cost of burying your loved one and caring for your family following his or her death is yet another burden you shouldn’t be forced to live with because someone else was negligent. Call Schimmerling Injury Law  of Binghamton, NY today to discuss your case. Our associates are happy to discuss the circumstances regarding your personal situation to help you determine whether or not you have a case. It’s best to act quickly, so call now for a free consultation. Let us do our part to make the most devastating time in your life a bit more bearable. It’s our job to help you seek the compensation you deserve when wrongful death occurs in your life.