The loss of any loved one is tragic, but when their death could have been avoided if another party had not been negligent in some way, it can feel particularly devastating. In some cases, family members may choose to file a lawsuit against the party responsible for the victim’s death. If you’re in this situation, finding a wrongful death lawyer can help ensure that your case is heard and that you receive the compensation you deserve.
Wrongful death claims are a type of civil case filed in New York State Supreme Court against the party responsible for a person’s untimely death. Wrongful death cases are brought on the basis of negligence, which is the failure to exercise a reasonable level of care and prudence in a particular circumstance. The legal definition of negligence also includes a breach of duty, such as a failure to take action when that action is required.
In the case of a wrongful death claim, there are a number of types of damages that can be awarded to surviving loved ones. These include financial losses and the cost of any funeral expenses and lost income. In addition, surviving spouses and children can recover non-economic damages such as mental pain and suffering.
When choosing a wrongful death lawyer, you should look for an attorney who is experienced in handling these types of cases. You should also consider their level of communication and how they approach each client’s case. You should ask potential attorneys for references from past clients, and it is a good idea to read testimonials. These will give you a better idea of the attorney’s experience, how they work with their clients, and their overall level of success.
During the course of the lawsuit, the wrongful death attorney will gather evidence to support your claim. They will review police reports, witness testimony, and any available medical records. They will also work with experts to establish a fair valuation of your losses. This includes a life expert and an economic loss expert who can evaluate your financial losses and calculate the amount of your current and future expenses.
The wrongful death lawyer will negotiate on your behalf with the responsible parties’ insurance companies. They will seek maximum compensation for your losses. In many cases, a wrongful death settlement will be reached prior to trial. However, if it does go to trial, your attorney will prepare you for the process of opening statements, witness testimonies, cross-examinations, and closing arguments.
It is important to remember that no amount of money can bring back your loved one. However, the compensation you receive can help cover funeral costs, loss of income, medical bills, and other losses. You can even receive punitive damages if your loved one’s death was the result of gross negligence, reckless conduct or malice. These additional damages are intended to punish the responsible party and deter others from engaging in similar behavior. If you have questions about filing a wrongful death lawsuit, contact an experienced attorney today.