A wrongful death lawsuit provides compensation for the loss of your loved one. A lawyer familiar with wrongful death laws can help you file the claim.
The legal team may also investigate to establish if your loved one’s death was due to medical malpractice or another type of incident that could qualify as wrongful death. Wrongful death cases must be filed within a specified time frame, and the law can be complicated. Contact Duluth Wrongful Death Lawyer now!
Wrongful death laws in New York require that a party found liable for the misconduct that directly led to someone’s death pay compensation to their victim’s family. In most cases, this will come from the responsible party’s insurance policy (auto insurance, homeowners insurance, renters insurance, or medical malpractice insurance) if they have one. If the responsible party does not have enough insurance to cover the full extent of the victims’ losses, a lawsuit can be filed to recover additional damages from them personally.
The amount of compensation awarded depends on a wide range of factors including the victim’s income before their death, their expected future income, the level of dependence their family members had on them, and more. A wrongful death lawyer will know how to accurately calculate the value of these damages in order to properly present them to a jury and maximize the chances of getting a fair settlement.
New York is also unique in that it does not put caps on pain and suffering damages, allowing victims’ families to get the maximum possible settlement. Other states place limits on this kind of damage, often to prevent sympathetic juries from awarding too much money.
Finally, a wrongful death lawsuit may include punitive damages. These are intended to punish the at-fault parties and deter them from engaging in similar conduct in the future.
Sadly, no amount of money can replace a loved one, but a financial settlement will help family members focus on moving forward and healing from their loss. It will also allow them to afford any future expenses related to the accident.
Wrongful deaths happen every day, and they are often caused by the negligent actions of another person or business. If you have lost a loved one due to the actions of another, speak with a NYC wrongful death attorney at Gregory Spektor & Associates P.C. today to see how a wrongful death lawsuit could help you. Call now to schedule a free, no-obligation case review. Our attorneys are here to support you and your family during this difficult time.
Pain and Suffering
A person’s death can take a physical and emotional toll on the family. A wrongful death lawsuit can compensate the surviving family members for their loss. These damages can cover medical expenses, funeral costs, pain and suffering, and lost financial support that the deceased would have earned in their lifetime.
Pain and suffering is a category of damages that is awarded in personal injury cases as well as in wrongful death lawsuits. It is based on the pain and discomfort that the victim experienced before their death, which can be hard to quantify. The jury will consider factors like pre-impact terror and fear of impending death, and the length and severity of the pain.
When a person dies as a result of negligence, the victim’s estate can file a wrongful death suit on their behalf. Wrongful death lawsuits are brought as civil actions rather than criminal cases. The plaintiff is the victim’s estate or family members. A wrongful death lawyer can help you determine who is eligible to file the case.
Often, the death of a loved one is due to medical malpractice or another form of negligence. Doctors are licensed and highly trained professionals, but they can make mistakes. Sometimes they can get distracted while treating a patient or they may follow the wrong protocol for an operation. Other times, a patient could suffer from a misdiagnosis or delay in treatment due to a lack of medical staff or resources.
Medical errors are the third leading cause of death in the US, and they can be fatal. The most common types of medical errors are surgical errors, medication errors, and diagnostic errors. A wrongful death lawyer can review any available medical records and other evidence to identify any potential negligence in a person’s death.
The death of a loved one can cause unimaginable distress to family members and friends. A wrongful death lawsuit can bring closure and help surviving family members move on with their lives.
The lawyers at our firm can handle the complicated legal aspects of your wrongful death claim so you and your family can focus on mourning and healing. Our attorneys can investigate the fatal accident, work with qualified experts, submit confusing legal paperwork and manage other aspects of your case.
Medical Expenses
Although no amount of money can replace the loss of a loved one, the compensation recovered through wrongful death lawsuits can help offset unavoidable expenses such as funeral costs and medical bills. Wrongful death lawsuits also allow surviving family members to receive damages for the pain and suffering they endured because of their deceased family member’s untimely death. In fact, juries often award a wide range of damages including lost future income, pain and suffering, mental anguish, and the loss of companionship.
Regardless of the type of accident that caused your loved one’s death, you should hire an experienced lawyer who can evaluate your claim and ensure that you receive full and fair compensation for your losses. In addition to the financial compensation you may be entitled to, your attorney can also deduct legal fees incurred in pursuing your case. This includes court filing fees, deposition fees, photocopying fees, and the cost of obtaining medical records and other documents. However, it’s crucial to consult with a tax professional prior to filing a claim to ensure you are complying with all IRS rules and regulations regarding the deduction of legal fees in a wrongful death claim.
If you decide to sue the person or company responsible for your loved one’s death, you should do so within two years of their passing. This time limit is called a statute of limitations and is established by New York law. If you wait too long, your wrongful death case will likely be dismissed.
Whether your claim involves a car crash, medical malpractice, or another kind of negligence, you must prove that your loved one’s death was caused by the defendant’s breach of duty and that their conduct directly led to their death. You must also demonstrate that your losses were a result of this harm. This can be done through proof such as financial records, witness testimony, and your own personal experience. If you are suing someone who is facing criminal charges, you can file your wrongful death lawsuit after their conviction or acquittal. In such cases, you must demonstrate that their conduct was illegal.
Funeral Expenses
Funeral expenses are a common and unfortunate part of losing a loved one, especially if the death was caused by someone else’s negligent actions. Fortunately, families don’t have to shoulder the financial burden alone. Wrongful death laws hold the at-fault party responsible for paying funeral costs and other end-of-life expenses for surviving family members.
It’s important to keep detailed records of all funeral-related expenses to present to your wrongful death attorney when filing a claim. This includes invoices, receipts, and correspondence with funeral homes and service providers. This documentation is necessary to demonstrate the need for compensation that covers these costs. It also helps a wrongful death lawyer make a stronger case on your behalf.
Funeral costs vary widely from place to place, and can be quite expensive for a family that may have been left unexpectedly with the responsibility of arranging a funeral. Some of the most common funeral costs include a casket or cremation fee, cemetery fees, memorial flowers, and headstones. However, there are a number of other costs that may be eligible for compensation, including any upcharges on funeral reception rentals and publishing an obituary.
The best way to ensure your wrongful death case is strong enough to win maximum compensation is to hire an experienced New York wrongful death lawyer. A seasoned attorney will review your case during a free consultation and assess whether you’re eligible for compensation under New York law. They can then file a lawsuit on your behalf, working within the statute of limitations to secure a verdict by the deadline.
Wrongful death lawsuits allow surviving loved ones to recover damages for the emotional trauma and financial hardship they’ve suffered from their deceased relative’s untimely death. Damages typically include lost companionship and financial support, reasonable funeral expenses, medical expenses incurred in the final days of a victim’s life, and other administrative costs related to the accident.
Losing a loved one is always heartbreaking, but it can be even more difficult for surviving family members to cope when they’re stressed out financially. An experienced wrongful death attorney can help you file a claim against the responsible party and recover the compensation that you need to pay for your loved one’s funeral and other expenses.