When a loved one dies because of another person’s misconduct or negligence, family members and other survivors may be able to file wrongful death lawsuits. A skilled wrongful death lawyer can investigate the accident and determine who is at fault, then seek compensation from them for your losses.
A wrongful death lawyer can also help you deal with the practical and emotional aftermath of your loss. There are many things that must be done immediately, including arranging funeral services, addressing outstanding bills and financial obligations, and working through estate matters. Your attorney can provide support and guidance through this difficult time and work with other professionals to ensure all legal issues are addressed.
Wrongful death lawsuits are civil cases filed in the Supreme Court of New York against individuals and companies who violate safety rules or legal duties. The lawsuits typically involve damages for monetary loss suffered by the survivors of the deceased, but they can also include punitive damages meant to punish the defendant and serve as a warning to others.
What Must Be Proven to Win a Wrongful Death Lawsuit?
A successful wrongful death claim must prove that the victim’s death caused actual harm to the survivors, and this includes physical, emotional, and financial damage. A monetary award is given to cover the cost of any expenses related to the death, such as medical bills, funeral costs, lost wages, and pain and suffering. The amount awarded can be further enhanced by a number of factors, including the victim’s age and earning potential, the impact on their children or spouse, and the effect on any inheritance they would have received.
The victim’s death must have been directly caused by the at-fault party’s actions. The at-fault parties can be anyone from a driver who causes an accident to an insurance company that refuses to pay a claim. Other common at-fault parties are trucking companies, doctors or medical professionals who commit malpractice, and manufacturers of medications or other products that are defective in some way.
Most wrongful death claims settle out of court. Your wrongful death attorney will negotiate with the insurer on your behalf to arrange a settlement that covers all of your financial losses. However, if the insurance company is not willing to offer a fair settlement, your wrongful death lawyer can take the case to trial to protect your rights.
If you have lost a loved one because of someone else’s careless or negligent behavior, a qualified wrongful death lawyer can provide compassionate representation. Contact Meirowitz & Wasserberg, LLP today for a free consultation. We will thoroughly discuss your case and help you determine if there is grounds for a wrongful death lawsuit, identify who is responsible, and file a lawsuit against them. Your discussions with us are confidential even if you decide not to hire our firm. We handle all wrongful death cases on a contingency fee basis, meaning we only get paid if we win your case.