How a Wrongful Death Lawyer Can Help You Pursue a Lawsuit

The loss of a family member can be one of the most traumatic experiences in life. For many people, it can lead to depression, feelings of hopelessness, financial difficulties, and other health-related problems. If you have lost a loved one due to the negligent or reckless actions of another person, an experienced wrongful death lawyer can help you pursue legal action and obtain compensation.

Wrongful death lawsuits are civil cases filed in New York Supreme Court against those responsible for a person’s death. The lawsuit is brought by the personal representative of the deceased’s estate. This is typically a close family member who files for letters of administration in Surrogate’s Court and is appointed by the court to testify at trial, sign documents, and represent the deceased’s estate.

Unlike personal injury claims, which have a standard of proof called reasonable doubt, wrongful death lawsuits require proof of actual damages in order to recover compensation. A skilled wrongful death attorney will know how to gather evidence and present it to a jury or judge in a way that convinces them that your loss was the result of another person’s negligence or wrongdoing.

New York’s wrongful death statute allows for both economic and noneconomic damages to be awarded to a victim’s family. Economic damages include funeral and burial costs, medical bills, lost earnings, the value of services provided by the deceased to his or her family, loss of future inheritance, and any pain and suffering incurred prior to the death of your loved one. Noneconomic damages are less tangible, and can include mental anguish and the loss of companionship, guidance, love, and affection.

In addition to proving that your loved one’s death was the result of someone else’s negligence, your wrongful death lawyer will also be able to negotiate on your behalf with the insurance company representing the person or entity who caused your family’s loss. They can help you determine which parties are liable, file the proper paperwork, and get your case before a judge or jury to obtain maximum compensation for your losses.

Most wrongful death claims are resolved by a settlement. This is because most at-fault parties carry insurance policies that cover their negligence or wrongful acts. An experienced wrongful death lawyer can negotiate with the insurance company and work on your behalf to get you a fair settlement without having to go to trial.

When a family loses a loved one due to the careless, reckless or intentional actions of another person or business, it is understandable for their grief and anguish to overwhelm them. A wrongful death lawyer can provide support to grieving families and help them navigate the complex legal system.

Wrongful deaths can occur in many different ways. For example, a wrongful death accident may happen when someone is driving while intoxicated or speeding. The driver could lose control of the vehicle and crash into a pedestrian or other motorists, leading to a fatal injury. A skilled wrongful death lawyer could prove that the driver was at fault for the accident.