In New York, wrongful death is defined as a fatality that could have been prevented. These circumstances may apply to medical malpractices, auto accidents, and criminal infractions. Wrongful death attorneys in Bronx, NY represent the families of the victims in these proceedings.
Was the Fatality Avoidable?
In a medical malpractice, the fatality was avoidable if the doctor’s choice of action is deemed improper. For example, if they chose an alternative step during a procedure in which they need the outcome was risky. They are accountable for these actions when they didn’t explain the risks to the patient or their family.
Was It Connected to a Criminal Infraction?
A fatality is deemed avoidable if it was connected to a criminal infraction. For example, a fatality produced in an auto accident was avoidable when the responsible driver choose to drive while intoxicated. In connecting proceedings, the outcome of the criminal case could influence the civil case. If a driver is convicted of a DUI and was involved in a fatal car accident, they are liable for wrongful death.
Medial Witnesses for the Victim
Medical witnesses for the victims are necessary in wrongful death lawsuits. A medical doctor must present the victim’s injuries and how they were connected to the victim’s death. A death certificate that identifies the exact cause of death is also used in these proceedings. However, a medical witness could provide additional support by explaining how the fatality was produced.
Calculating a Projected Award
The projected award includes the medical and funeral requirements for the victim. It may also include lifetime earnings if the victim left children or a spouse behind. If the victim was the only biological parent, the court may provide a settlement for lost wages based on future earnings. This provides adequate financial support for orphaned children.
In New York, wrongful death is any fatality that could have been avoided. The case must present an alternative choice for the individual that caused the death of the victim. It must also include forensic analysis that shows that the victim didn’t die of different causes. Families of these victims should hire wrongful death attorneys in Bronx, NY.