“I am sorry for your loss.” “Thank you, thank you for
coming.” This is the exchange that Sara had to endure hundreds of
times on the night of her husband’s, Hank’s, wake. He was
young, well at least, too young to pass away.
The wake was similar to many others where the decedent died at an early
age; the line of mourners stretched down the hall, out the front door
of the funeral home, and around the corner sidewalk.
Sara had imagined a life, a long life, with Hank in which they had outlived
all of their peers, leaving nothing but a few people left to know who
they were. Fate had something else in store.
“It seems so bizarre to not have him with me,” Sara said to
a friend. “He left for work three days ago, just like he did on
any other day. The only difference is that he died before he could make
it home. Apparently, the same type of accident has happened with many
other cars like his; the same exact make and model with the same exact
type of crash.”
Sara’s attentive friend listened and hesitatingly replied, “It
is not my place, and I hope to not offend, but you should consider suing
the car manufacturer. I know it will not bring Hank back, but hell, Hank
had been driving that car for years. I cannot help but suspect the car
manufacturer had known about the defect. Even if they did not, all those
brainy engineers should not have let such a defect happen. I certainly
will bet that other car manufacturers would not have made such a mistake
– well, it could be wrong even if they did.”
Sara was taken aback by her friend’s candor, but she could not help
but agree. Someone, she thought, should be held accountable for all that
has been robbed from her.
Experienced Kingston wrongful death attorneys see loved ones mourn the loss of friends and family all of the time. In
New York, if the family member’s death was caused by the negligence
of a person or a company, the family of the decedent is entitled to compensation
by starting a wrongful death lawsuit against the offending parties.
The decedent’s spouse, child(ren), and even the decedent’s
parents are those persons that New York law allows to commence a wrongful
death claim. According to the New York statute of limitations,
wrongful death lawsuits must be started within two years from the date on which the decedent passed away.
Two years might seem like a lot of time, but it will go by fast. The people
mourning the death of their loved one will also be wrapped up in grief,
and possibly depression. They will also be busy settling the affairs of
the decedent. If the decedent was the sole breadwinner in the house, the
surviving family members may be more concerned with finding income.
Whatever the case may be, the decedent’s survivors may one day decide
to sue the negligent people that killed their loved one only to find out
that it is too late. Contacting an experienced wrongful death attorney
as soon as possible is best advised.
The fictional story written above brings forth the issue of manufacture
negligence in regard to defective design and/or manufacturing defects.
These types of negligence cases certainly are deadly. Other types of things
that lead to wrongful death are motor vehicle accidents caused by a negligent
driver. Medical malpractice, such as surgical errors, misdiagnoses, failures
to diagnose, and the like also lead to negligently caused deaths. Even
negligent property maintenance can cause the death of a person.
When a person was wrongfully killed, their surviving family members can
sue for funeral costs. Loss of the decedent’s companionship and
love can also be claimed. Even lost financial support is something that
courts can give to the relatives of a wrongful death victim.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. If you or a loved one has been injured
in a personal injury accident, please do not hesitate to
contact us by calling 845-340-HURT (4878), or by using our convenient
case evaluation form.