If someone you love died as a result of another person or entity’s negligence, you might want to consult with a wrongful death lawyer. Wrongful deaths can occur in a variety of situations, including car crashes, medical malpractice, workplace accidents, and more. The goal of a wrongful death lawsuit is to recover financial compensation for your losses. An experienced lawyer could help you determine whether a lawsuit is appropriate and pursue the best possible outcome for your case.
The first step in filing a wrongful death claim is to establish that your family member’s death was caused by another person or entity’s actions. This is typically done by demonstrating that the defendant had a duty to use a standard of care under the circumstances and that they breached this duty. For example, a driver might be held liable for hitting a pedestrian in the crosswalk when they were texting.
Negligence can also be proven by arguing that the deceased person would not have died but for the negligent action or inaction. A doctor might be held liable for misdiagnosing an illness, for example, or a factory worker might be held responsible for a fatal workplace accident. In the latter case, a worker might have been killed by a defective machine or by an employer’s failure to adopt proper safety precautions.
Wrongful deaths can be incredibly difficult for families to endure. It’s important to choose a wrongful death lawyer with extensive experience handling similar cases and a strong track record of financial recovery. When you meet with a potential attorney, ask to review their case history in wrongful death cases and how many of those cases they took to trial.
You can also find out what their typical settlements were and whether they recovered the maximum amount possible. This can give you a good idea of how aggressive they are in their pursuit of compensation for your losses.
Another consideration is determining who can file the wrongful death suit. The law differs from state to state, with some limiting eligibility to only spouses and children. In New York, for instance, the personal representative named in a deceased person’s will or estate must file the suit. This person will be responsible for distributing any financial awards to eligible family members.
An experienced wrongful death attorney will know how to calculate the value of your claim. This is a crucial part of the process since insurance companies typically try to settle cases for the lowest sum possible. A seasoned lawyer can help you avoid being taken advantage of by the insurance company and secure the compensation you deserve. Contact us today to learn more about your legal options after losing a loved one. We offer free initial consultations and no fees unless we win your case. Our firm serves clients in New York City, Albany, Schenectady, and the surrounding areas. Our offices are located in downtown Manhattan and in the Bronx. We can also travel to your home if needed.