New York families may file a formal claim to collect compensation after certain fatalities. These cases require an act of negligence on the part of an individual, property owner, or medical physician. To prove that a wrongful death occurred, these families must show how the fatality was avoidable due to the circumstances. A wrongful death lawyer in Nassau County, NY, provides families with guidance during these troubling times.
Proving that the Fatality was Avoidable
The circumstances of the fatality are evaluated to determine if an alternative action could have prevented it. In auto accidents, the alternative action could be related to a choice to drive while intoxicated. With a medical procedure, the choice could relate to the physician selection made by the hospital. If the family shows that the death could have been prevented, their claim is valid and the defendant is liable for this fatality. In these cases, monetary awards are presented to the family to cover medical costs, funeral expenses, and the loss of financial support.
Fatalities During Auto Accidents
Driving while intoxicated is a criminal act. As such, the state allows families to file a lawsuit against the intoxicated driver. In these cases, the driver chose to operate a vehicle while impaired and is responsible for the death directly due to negligence.
Medical Malpractice Related Fatalities
Medical malpractice related fatalities present stricter procedures. In these cases, the doctor must explain the risks of any medical procedure or treatment to their patient or the next of kin. They must provide adequate treatment based on the latest medical research. A failure to provide safe health care could result in death. When this happens, the doctor and the hospital could be liable for the fatality and the financial difficulties it caused.
New York families file wrongful death lawsuits when a fatality occurs due to negligence. This includes criminal actions in which the state chooses to charge the party with murder or manslaughter. The point of these cases is to prove that different actions could have stopped the victim from dying. Families that need a wrongful death lawyer in Nassau County, NY, should contact the Law Office of Steven R. Smith or visit website for additional information.
