If you lose a family member due to another person’s negligence, you may be entitled to compensation. A New York City wrongful death lawyer can examine your case and determine the appropriate amount of damages. They can also file a lawsuit and negotiate an out-of-court settlement or take the matter to trial. If your loved one died in a car accident, for example, the attorney could review eyewitness testimony and police reports to establish that the other driver broke traffic laws or acted recklessly. They could also check if a nearby surveillance camera recorded the fatal crash or the moments leading up to it.
Wrongful death cases are similar to malpractice claims in that you have to prove the defendant’s level of care fell below what a competent professional would have shown under the same circumstances. The difference is that you have to show how the negligence directly led to your loved one’s death. A wrongful death claim is also different from an ordinary negligence lawsuit in that you have to establish financial losses, or damages, as a result of your loss.
Depending on state law, the survivors of your deceased loved one may be eligible to recover damages for their monetary losses. These are known as “real parties in interest.” Eligible family members vary from state to state, but usually spouses, children, and parents of unmarried children can act as representatives to sue the responsible party. Some states even allow putative spouses and other relatives to seek damages.
When you file a wrongful death claim, your lawyer can use evidence such as witness testimony, police reports, medical documents, and police and insurance company statements to establish that someone else’s negligence caused your loved one’s fatal accident. They can also work with experts such as economists to calculate your family’s monetary losses. These include funeral expenses, burial costs, lost income, and the cost of your loved one’s pain and suffering prior to their death. They can also add in any taxes that your loved one would have owed if they lived.
Your lawyer can try to negotiate an out-of-court settlement with the at-fault party’s insurers. If they refuse to do so, your wrongful death attorney can file a lawsuit and argue your case in front of a judge or jury.
While no amount of money can replace a loved one, the goal is to ease your family’s unavoidable financial burden. Our wrongful death lawyer have the compassion, knowledge, and experience to help you pursue justice. We’ll work hard to get you the fair compensation you deserve. Call us today to learn more about how we can help. We represent clients throughout New York. Our offices are located in Brooklyn, Manhattan, Rockland County, and Westchester County. We also serve clients who live in surrounding areas of New York, including Queens, Nassau, and Suffolk Counties. We offer free consultations. We also handle personal injury claims and wrongful death actions on a contingency fee basis.