Losing a loved one due to someone else’s negligence is not the sort of experience anyone wishes to go through while on the road. In New York, wrongful death laws are practiced to provide families with a legal pathway for seeking justice and financial compensation. While nothing can come close to making your loved one’s death justifiable, securing experienced legal representation from a New York wrongful death lawyer can help you to put things into a better perspective.
Wrongful Death Cases in New York
According to New York’s wrongful death statute, a wrongful death occurs when a person’s death is caused by negligent or intentional actions of another. New York’s wrongful death statute outlined in the Estates, Powers, and Trusts Law (EPTL), legally defines a “wrongful death” as the demise of a person due to a “wrongful act, neglect, or default”.
What happens in wrongful death cases is quite similar to accident cases handled by a personal injury law firm nyc where you have the grounds to pursue a personal injury claim. However, in the case of a wrongful death case, family members, such as spouses, children, and parents, can file a wrongful death lawsuit to seek compensation for the emotional and financial losses resulting from their loved one’s death.
The Role of a New York Wrongful Death Lawyer
Hiring an experienced New York wrongful death lawyer is essential to build a strong case as insurance companies and defendants try to minimize their liability by offering settlements that are less than what the family deserves. A skilled wrongful death lawyer has the ability to negotiate with these parties to secure a fair settlement.
In addition, a personal injury law firm nyc has access to a network of experts such as medical professionals and accident reconstruction specialists who can provide testimony to support the case.
The role of a Brooklyn wrongful death lawyer also extends to providing emotional support to grieving families. Unlike other accident cases, a wrongful death case is a sensitive situation where legal experts should be empathetic toward the pain and loss the families are going through.
How to File a Wrongful Death Lawsuit in New York?
According to New York statutes, a wrongful death lawsuit can be brought by a child, a parent, a spouse, and also the personal representative for the estate of the descendent.
These are the steps to file a wrongful death lawsuit in New York:
Step 1
First, you need to determine who can file the lawsuit. You can consult a Brooklyn wrongful death lawyer if you have difficulties with identifying who can initiate the wrongful death lawsuit.
Step 2
Once you have figured out who is eligible to file the wrongful death lawsuit, consult an experienced personal injury law firm nyc who will assist you with their legal team by assessing the case and determining the next steps.
Step 3
Your wrongful death lawyer in New York will conduct an investigation to gather evidence. A trusted personal injury law firm nyc will consult experts to identify all liable parties and build a strong case to bring justice for your loved one.
Step 4
The wrongful death lawsuit must be filed within two years of the deceased’s death, as per New York’s statute of limitations. Your wrongful death lawyer will submit all the necessary documents to the court.
Step 5
After the case has been filed, there are two things that can happen; either the case may enter a negotiation phase or it will proceed to trials. At the negotiation phase, your wrongful death attorney will seek a fair settlement with the at-fault party. However, if neither party can agree on a settlement, the court determines liability and awards damages.
Step 6
At the settlement stage, the court will award damages to the estate. Compensation can come in the form of funeral expenses, lost wages, medical bills, and loss of companionship.
