Wrongful Death
Emotional Suffering, Pecuniary Losses and Hardships
Getting through the loss of a loved one can never be easy. It is even more painful when the loved one has been suddenly taken away due to the wrongful conduct of another. When a tragedy like this occurs, the family of the deceased is not only left with emotional suffering but also left to deal with pecuniary losses and hardships for the years to come.
Wrongful Death Litigation
Under New York and New Jersey law, a wrongful death claim can be brought against the responsible parties who, through recklessness, carelessness, negligence or incompetence, caused the death of another. However, wrongful death claims are given special treatment by the law. Despite its similarity to other types of cases involving personal injury, the rules governing wrongful death cases and the technicalities that come into play in wrongful death claims are multifaceted as the elements of the claim, statute of limitations, evidentiary rules and recoverable damages all differ from other types of personal injury cases.
For instance, in an ordinary wrongful death action, the plaintiff (who brings the lawsuit) is often in a disadvantageous position as the law puts the burden of proof on the plaintiff to prove the responsible party’s fault for the accident that resulted in the deceased person’s death. The difficulty is that the deceased person, possessing actual knowledge of the accident, is unable to testify and, oftentimes, the remaining spouse, children, parents, etc. do not possess actual knowledge about how the fatal accident happened. Moreover, the cases involving a person’s death are frequently not evaluated properly by claims representatives and lawyers alike. To properly evaluate a case involving a person’s death, it is imperative that one must be familiar with the two separate and distinct causes of action that potentially arise and what is and is not recoverable under each cause of action.
Fighting for Clients’ Legal Rights
At Song | Park, LLP, our lawyers have successfully handled and obtained hands-on experience with wrongful death litigations from a tragic death resulting from a fatal car accident to a much more complex wrongful death litigation. Our lawyers successfully fought against the wrong-doers who denied responsibility through blame-shifting and scapegoating in a complex wrongful death case. An elderly woman (suffering from Alzheimer’s disease) faced a tragic death due to the neglect of a home-aid nurse (who failed to properly supervise and care for the patient) wandered off on streets alone before being fatally struck by a car. Through the extensive knowledge and tenacious work, our lawyers successfully proved all responsible parties accountable for their acts and/or omissions which resulted in the wrongful death of another individual. We take pride in building up your accident case meticulously from the ground up with a clear plan and aggressively and strategically execute the plan throughout the litigation process so that we can ensure our client’s interests are fully protected. At Song | Park, LLP, we keep fighting the good fight.
If your loved one has been fatally injured due to another’s wrongful conduct, contact the lawyers at Song | Park, LLP, for a free consultation to discuss any questions and/or concerns. We take every case on a contingency fee basis. Call us at 718-569-5430 or e-mail us at info@songparkllp.com.