When a loved one passes away due to someone else’s negligence, families are left with significant losses. While no amount of money can make up for the loss, a skilled wrongful death lawyer can work to help family members recover fair compensation. Wrongful death lawsuits seek to reimburse families for both their economic and non-economic damages. They hold defendants to a higher standard of proof than criminal trials, but are held to a lower standard than the proof needed to convict a criminal offender.
When selecting a wrongful death attorney, it is important to choose one with significant experience in the specific accident type that caused your family member’s death. This will give them a better chance of settling your case out of court or winning it at trial. In addition to looking for lawyers with relevant experience, you should also consider their track record when handling wrongful death cases. This includes how many of these types of cases they have won or settled, and what their success rate is at trial.
Generally, the spouse, children, siblings, parents, and other relatives of a deceased person can file a wrongful death claim in New York. However, in order to be awarded compensation, the claim must be filed by a personal representative of the deceased’s estate. This individual can be named in the deceased’s will or estate plan, or assigned by a judge during the probate process. The personal representative is required to place any award in trust for the benefit of the deceased’s beneficiaries, heirs, and survivors.
Wrongful death lawsuits can be difficult, particularly if the at-fault party has powerful insurance companies and attorneys who are dedicated to preventing victims’ loved ones from recovering full and fair compensation. The experienced team at Adelman, Connors & Krevolin has handled these cases and can assist you in filing a wrongful death lawsuit against the liable parties.
The most common wrongful death damages are for the victim’s pain and suffering prior to their death. These can include both physical and psychological trauma. In some cases, it may be necessary to hire a psychologist to help explain the extent of the victim’s suffering and how it contributed to their death.
It is also common to receive compensation for funeral and burial expenses. This can include a headstone and casket, as well as any medical bills paid by the victim’s family. Families also have the right to be compensated for lost companionship, guidance, and love from a deceased parent or child.
It is important to contact a New York City wrongful death lawyer as soon as possible after your loved one’s passing. The clock starts ticking as soon as you lose someone, and it takes time to build a strong case. Schedule a free consultation today to learn about your legal options. Contact us at 866-ATTY-LAW. We represent victims of medical malpractice, car accidents, faulty products, and more.