The death of a loved one leaves a gaping hole in your life, and you are facing emotional challenges that may be compounded by financial problems. A wrongful death lawyer is the right person to help you with the legal and financial aspects of your loss. Though no amount of money will bring your loved one back or erase the pain that you have endured, a financial settlement can ease your burden and place further responsibility on those who caused your loss.
The legal process for a wrongful death claim involves the investigation and gathering of evidence to establish that a duty of care was owed by a defendant to a deceased individual, that this duty was breached, and that the breach resulted in the fatality. Proving each of these elements can be difficult and complex, but the experience of a qualified wrongful death attorney can make this type of case less intimidating and more successful.
In addition to proving the above elements, a wrongful death lawyer must also show that you have suffered monetary damages. These are typically in the form of lost income, medical expenses, funeral costs, property damage, pain and suffering and other related losses. This is an area of the law that requires expertise since each situation is unique. The compensation you receive may be significantly different from another person’s award, but it is important that your lawyer understand how to recognize and prove each element of your case.
Wrongful death cases are handled differently by each state and there are specific time periods that must be met to file a lawsuit. A wrongful death attorney is familiar with your state’s laws and can ensure that you meet the deadlines that apply to your case.
Generally, only family members of the deceased can sue for wrongful death. This includes spouses, children, parents, and siblings. However, depending on the circumstances, non-family members may be able to file a wrongful death action if they can prove that they have suffered damages as a result of the incident.
Wrongful death lawsuits can be long and drawn out, as they involve negotiation with insurance companies who want to limit their liability. In addition, a wrongful death lawyer may believe that you are owed more than what the insurance company offers and can take the time necessary to reach an agreement that is fair to everyone involved in the case. This is why it is crucial to consult with an experienced wrongful death attorney as soon as possible after your loved one’s death. This will give your case the best chance of being settled quickly and fairly. Contact Meirowitz & Wasserberg, LLP today for a free consultation on your wrongful death lawsuit. All discussions are confidential. We represent victims and their families throughout New York. The sooner we get started, the better your chances of obtaining full and fair compensation under New York law.