Wrongful Death Lawyer NY

Michael Jackson’s Family Attempts to Sue for Wrongful Death

The death of Michael Jackson in July 2009 led to accusations by his close family that the treatment administered to him to treat insomnia led to his early death. The lethal medication was prescribed by Dr. Conrad Murray. Jackson’s death led to the conviction of Dr. Murray for involuntary manslaughter, which landed him a four year jail sentence.

When a person dies due to the negligent action of someone else it is possible to make a wrongful death claim from the person who is found to have caused the death. In the case of a wrongful death the person appointed as the representative of the deceased person’s estate is given the responsibility to file a claim leveled at those who were proven to be responsible for the individual’s death. A wrongful death claim is permissible for many different types of personal injury cases that include construction accidents, medical malpractice, vehicle accidents and plane accidents, just to name a few examples.

If one of your family members has lost his or her life due to the negligent actions of another party, then hiring our New York wrongful death attorneys to pursue justice on your behalf might be the best things you have ever done.

In New York, some of the rules governing wrongful death actions can be found in the Estates, Powers and Trust Laws (EPTL). This gives the representative of the deceased estate the right to proceed with action for a wrongful death. The rights given for recovering damages for a wrongful death are controlled by Section 5-4.3 EPTL, which is aptly titled "amount of recovery." There is a statute related to this which is referred to as a pecuniary loss statute. The deceased legal representative has to be able to prove pecuniary loss, which means loss of support has taken place for the next of kin of the deceased due to loss of earnings that would have been provided by the deceased.

If it is a parent who has died then any surviving spouse and children who are dependent can make a claim for the economic loss they have suffered. Economic loss does not mean only loss of income but also the loss of services that would have been normally provided to the spouse which could include the loss of guidance and parental care to the children.  If a child has been killed, then loss of services that the child may have provided to the parents might be claimed.

A wrongful death claim can be a complex procedure, but if an experienced and dedicated New York wrongful death attorney handles it then satisfactory closure may be found for the tragic loss of a family member.

If you have lost a loved one due to medical malpractice, prescription error, an accident or even a defective product, then you should contact a wrongful death attorney today to discuss your case. Our lawyers can be reached at 800-893-9645