Monday, June 7, 2010

Documents Required For Filing a Wrongful Death Lawsuit

When someone dies as a direct result of the misconduct, neglect, malpractice, or omission of care of another party, that person has been the victim of a wrongful death. When this occurs in the New York City boroughs of the Bronx and Brooklyn, the immediate family of the deceased is legally allowed to pursue wrongful death personal injury litigation.

When this occurs, the spouse, parents, and in some instances, children of the decedent should retain personal injury lawyers to assist with the process of filing a lawsuit.

While the families of the deceased may be tempted to go it alone, only an experienced personal injury lawyer can guide them through the obstacles necessary to successfully initiate personal injury lawsuits in New York state.

New York Accident Claims and Settlements

In order to win a wrongful death claim, you must provide documentation proving the following:

The death of your immediate family member
This death was caused through any of the following:
Negligence
Misconduct
Medical malpractice
Willful omission of care
That existing family members are suffering financial distress or financial loss as a direct result of the death

Should you win the case, the amount of damages you receive varies based on the particular details of your case. Additional documentation necessary to determine damages in a wrongful death case include but is not limited to the following:

Medical treatment costs for the deceased
Funeral costs
Documentation proving loss of wages of the deceased, including future earnings
Proof of physical or emotional damages
Common law damages

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