A wrongful death lawsuit is a type of legal action that can be taken against an individual or corporation that has caused the death of another person via negligence or misconduct. This type of death can be considered accidental or intentional. In this kind of situation, the family of the person who died might be able to get money to make up for their losses. This could include the costs of the death as well as the income and company that their loved one would have given them.
If you or someone you care about has died because of someone else’s carelessness or wrongdoing, you may want to look into hiring a wrongful death lawyer to take legal action on your behalf. A wrongful death lawyer is a legal professional who specializes in handling cases like this and can help you get through the complicated legal process.
Why This Service Is Beneficial
One of the first things a New York wrongful death lawyer will do is investigate the events leading up to the death. Evidence will be gathered and witnesses will be questioned as part of this process to determine who may be legally responsible for the death. To build a compelling case on your family’s behalf, the attorney will work with experts in a variety of fields, including medical specialists.
Another critical component of a wrongful death lawsuit is calculating the monetary value of the damages to which you and your family are legally entitled. This may include costs associated with the decedent’s death, such as funeral and burial expenses, as well as lost income and companionship. You may require the assistance of a wrongful death attorney to calculate these damages and negotiate with the opposing party to ensure you receive a fair settlement.
It is critical to understand that cases alleging wrongful death are subject to a statute of limitations, which means that there is a time limit within which a case can be filed. An experienced wrongful death attorney can help you understand the statute of limitations that applies in your state and ensure that your case is filed within the time limit.
In general, navigating the process of wrongful death litigation can be difficult and emotionally draining for a family. Hiring a wrongful death attorney to handle the legal aspects of the case and fight for the financial compensation that your family is entitled to can help to alleviate the burden of this responsibility. If you or a loved one has lost someone due to the negligence or misconduct of another, you should consider hiring a wrongful death attorney.
Features of the Service
We understand that you may be experiencing significant emotional distress in addition to significant financial difficulties. As a result, if you decide to become our client, we will propose managing your case on your behalf and taking on the responsibility of completing the necessary legal activities related to your case. Our wrongful death lawyers in New York have the following objectives in mind when assisting you with your case:
- Assist you in expressing your anguish and sorrow in a legally permissible manner.
- Trying to determine who might be held responsible for the passing of your loved one, might require the filing of many claims or lawsuits.
- We are assisting you in your fight for restitution for emotional suffering, medical bills, burial costs, emotional trauma, and other losses you and your family have suffered.
- To establish a precedent
- Making decisions that may prevent other people from experiencing the same things you have
- We will use our legal resources to find evidence that can be used in your case.
We are aware that several unnamed parties may have been involved in your loved one’s untimely death. As a result, we will conduct a thorough investigation to ensure that everyone responsible is brought to justice. Even though the investigation is typically a difficult procedure, our legal experts will handle all of the critical aspects of the case for you while you focus on funeral and burial arrangements.
Trials and Negotiations
You are not required to appear in court if you file a wrongful death claim. If the circumstances surrounding your loss allow for it, you may be able to pursue compensation outside of the courts. We can assist you during the negotiation process by performing calculations to determine the potential financial support you may receive and mediating conflicts to prevent intimidation techniques.
However, there may come a point in the negotiations when the tone becomes hostile or even counterproductive. In situations like these, we’ve discovered that taking a step back and arguing your case in front of a judge is the best course of action. Although you must rely on a judge and jury to determine the appropriate amount of compensation for you, the legal system’s intervention can make the bargaining process more amicable.
Settlement Offers in Wrongful Death Cases
Furthermore, our group will keep an open mind about the possibility of resolving this issue through negotiations. When the investigation yields evidence, many third parties prefer to settle out of court the majority of the time. On the other hand, we will never advise you to accept a settlement amount that is less than what you are legally entitled to.
You can rely on us to provide an in-depth evaluation of the best level of financial support for you if your case is resolved through negotiations outside of court. We will keep this number in mind while acting on your behalf. Our wrongful death attorneys in New York will work tirelessly to ensure that you receive the financial and emotional support you require following a tragic loss. You will have the opportunity to learn more about how the amount of a personal injury settlement is determined during one of our early appointments.
Assess Your Damages to Value Your Case
In the context of a personal injury case, the party who has been injured has the legal right to seek compensation for the damages sustained. These damages could include both monetary and non-monetary losses. If the injured party dies, his or her heirs or a legal representative of the estate may file a wrongful death claim in his or her name.
Your loved one’s injury may entitle you to compensation for a variety of damages, such as medical bills, emotional distress, burial costs, property damage costs, and property replacement costs if the property was lost or destroyed.
Some family members must have the personal representative of the deceased file a claim on their behalf to receive compensation for the death of a loved one. The following is an explanation of how the legal system works.
Submitting Wrongful Death Lawsuits within the Allotted Time Frame
A personal representative of the deceased has two years from the date of death to bring a wrongful death lawsuit on behalf of the family. This time limit begins ticking on the day your loved one died, not on the date of the accident that caused their injuries.
Because failing to file a lawsuit by the deadline could result in your case being dismissed, our team of New York wrongful death attorneys can keep track of it for you and file the necessary paperwork on time. If something like that happened, you would be unable to seek compensation.
Accidents caused by various types of negligence can result in wrongful death.
Accidents That Can Result In Wrongful Death
If an accident can result in injuries, it can also result in fatalities. The term “wrongful death” refers to a broad area of law that encompasses a wide range of situations that can result in death, including but not limited to car accidents and product defects.
The following are examples of common lawsuits, along with brief descriptions of how one party’s negligence resulted in the plaintiff’s death. If your loved one met any of the criteria listed above, you may be able to file a wrongful death claim or lawsuit.
Vehicle Accidents
Vehicle accidents are another possible cause of unnatural death. Driving while intoxicated, reckless driving, excessive speeding, or inattentive driving can all lead to situations like this one. If a driver commits one of these violations and a person dies as a result, the driver may be held liable for the victim’s wrongful death.
However, if the fatality was the result of substandard road infrastructure, the government agency responsible for that area may be held liable. If this is the case, a New York wrongful death attorney from our firm can advise you on how to pursue legal action against the relevant municipality.
Pedestrian Accidents
These mishaps and deaths occurred because someone was preoccupied with something else at the time. The majority of these lawsuits are filed because the drivers were speeding excessively, driving while intoxicated, or failing to yield at an intersection when they were involved in an accident. If one of your immediate family members died in this manner, one of our wrongful death attorneys in New York City can help you file a compensation claim.
Defective Products
The last thing on people’s minds when they buy something is the possibility that using that item will shorten or end their lives. Nonetheless, the use of specific items has resulted in the deaths of some consumers and the injury of others. Medical equipment, prescription pharmaceuticals, consumables, camping or sporting equipment, and even automobiles or vehicle parts are all examples of defective goods.
Users have suffered serious injuries and even lost their lives as a result of using defective items, which can be the result of poor design, poor manufacturing, or insufficient safety regulations. Whether your injuries are the result of a sudden accident or long-term medical issues, our team can help you determine the best way to recover completely.
We Can Prove Liability in a Case Involving Wrongful Death
Regardless of the circumstances surrounding the death, a wrongful death lawsuit can be filed in civil court. However, due to the complexities of these circumstances, it may be difficult to determine who is at fault. You can use previous cases and evidence to determine who should be held accountable for your losses. An attorney, on the other hand, can provide you with guidance and advice along the way.
In cases involving wrongful death, the parties held accountable may range from government representatives to freelance drivers to global manufacturers. While you concentrate on getting better, our experts will determine to whom you should direct your complaint and, as a result, what type of compensation you may be entitled to.
Need Help with a Wrongful Death Case in Huntington, NY? Contact Us Today!
At Silverstein & Kahn P.C., we are aware that the passing of a family member or close friend is a trying and emotional time for the surviving members of the family. If a member of your family passed away because of the carelessness or wrongdoing of another person, you must give serious thought to retaining the services of a wrongful death attorney to represent your family in a wrongful death lawsuit. Our firm in Huntington, NY has extensive experience managing situations similar to yours, and we are prepared to guide you through the intricate legal process.
Our experienced wrongful death lawyer has years of experience with wrongful death cases, and they have a solid awareness of the laws and regulations that are linked to the sorts of cases that they handle (such as product liability cases). We have a demonstrated record of completing cases and can provide the direction and support you require during this challenging time thanks to our track record. Contact us at (631) 424-6850 to schedule an appointment today.
