New York wrongful death attorney Keetick L. Sanchez (https://accidentlawyer-queens.com/what-is-the-difference-between-wrongful-death-and-negligence-in-new-york/) offers vital insight into the legal distinctions between wrongful death and negligence in New York in her recent article, “ What Is the Difference Between Wrongful Death and Negligence in New York?” With families often left uncertain about their legal recourse following a tragic loss, the article addresses key elements that differentiate these two civil claims. As detailed by Keetick L. Sanchez, the clarity between these legal concepts can significantly affect how cases are pursued and how justice is sought for the deceased and surviving family members.
New York wrongful death attorney Keetick L. Sanchez explains that negligence, in general terms, refers to the failure to exercise reasonable care, resulting in injury or harm. When that failure results in a fatality, the situation moves into the realm of wrongful death. A wrongful death claim is a formal legal action filed on behalf of the deceased by a personal representative, not the victim themselves, as would occur in a typical negligence case. This legal route provides an avenue for grieving families to pursue financial compensation, not as a measure of grief, but to help with practical losses such as funeral expenses or the loss of household income.
In the article, New York wrongful death attorney Keetick L. Sanchez also breaks down the statutory foundation of wrongful death under New York law. She outlines that such claims must stem from a “wrongful act, neglect or default,” and the right to sue belongs exclusively to the personal representative of the deceased’s estate. This limitation underscores the importance of understanding who can initiate legal proceedings and how potential damages are calculated and distributed. The claim seeks to ease the financial burden on those left behind, including dependents who may suffer from the loss of financial and emotional support.
The article highlights the three primary bases for wrongful death claims in New York: negligence-based accidents, medical malpractice, and criminal acts. Negligence is described as a breach of a duty of care, not done with intent, but with a lack of due responsibility. While criminal acts involve intentional harm, negligence usually stems from inaction or careless behavior. The article explains that once negligence is established in a wrongful death case, the defendant may be compelled to pay damages. These could include compensation for funeral costs, lost wages, healthcare expenses, and more. Punitive damages may also be awarded in cases involving egregious conduct, serving as both a punishment and a deterrent for the defendant.
To successfully bring a wrongful death claim, several elements must be proven, including the presence of reckless or intentional conduct, financial hardship endured by surviving dependents, and admissible evidence such as medical reports or witness statements. One notable legal limitation in New York is the exclusion of compensation for emotional damages or loss of companionship. Unlike other states, the court system in New York does not assign a monetary value to non-economic suffering, a policy that significantly shapes the structure of wrongful death litigation in the state.
Keetick L. Sanchez also details how wrongful death cases differ from survival actions. While wrongful death claims address the losses experienced by the surviving family members, survival actions aim to recover damages the deceased could have pursued had they survived. These can include pain and suffering experienced before death and medical bills tied to the final injury or illness. In many instances, both claims can be filed together, though they require separate damage assessments. This dual-claim process enables a more complete legal response to a tragedy, covering both personal suffering and familial loss.
The statute of limitations is another critical aspect noted in the article. In general, a wrongful death claim in New York must be filed within two years from the date of death. However, exceptions apply, especially in cases involving medical malpractice or criminal behavior, which may alter the time limits for legal action. Keetick L. Sanchez emphasizes that timing and documentation are vital and may directly affect the outcome of a case. For families navigating these claims, accurate records and timely filing play an essential role in ensuring the case proceeds in accordance with New York law.
Quoting from the article, Keetick L. Sanchez states, “A wrongful death claim is not intended to exchange money for the lost loved one or put an economic value on the grief the bereaved family is experiencing. Instead, it is a way to ease the financial impact of arranging a funeral or, potentially, the loss of a breadwinner.” This perspective highlights the legal system’s intention not to quantify loss, but to relieve the financial strain brought on by it.
The article from K L Sanchez Law Office, P.C. serves as an accessible and informative guide for those facing the tragic aftermath of a preventable death. It helps clarify when wrongful death applies, how it diverges from negligence, and what families can expect when pursuing claims through the legal system in New York.
Legal action after a wrongful death can be emotionally charged and legally intricate. Understanding the separate paths of wrongful death and negligence helps families make informed choices. With guidance from attorneys like Keetick L. Sanchez, families may better understand the legal routes available and decide how best to pursue justice under New York law.
About K L Sanchez Law Office, P.C.
K L Sanchez Law Office, P.C. is a New York-based law firm committed to assisting families in times of crisis. Led by attorney Keetick L. Sanchez, the firm provides legal representation in wrongful death and personal injury cases, focusing on guiding clients through the legal system with clarity and care.
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