Losing a loved one is difficult enough, but when that loss could have been prevented by someone else’s negligence or reckless conduct, the pain can feel overwhelming. Fortunately, a New York wrongful death lawyer may be able to help you seek justice by filing a lawsuit against the responsible party and bringing the matter to court.
Wrongful death lawsuits are very different from standard personal injury cases and require a skilled attorney to handle. The laws governing who can sue, what damages are available, and the proof required to prevail in this type of case vary by state. For example, a wrongful death claim must be brought within the statute of limitations set forth in your state’s laws and you must satisfy several legal requirements, including showing that the at-fault party owed a duty to the deceased person which they breached, and that this breach caused your loved one’s death.
The first thing your attorney attorney for wrongful death lawsuit will need to establish in a wrongful death suit is that the at-fault party owed the deceased person a duty of care. This may be as simple as a doctor’s duty to treat patients in a reasonable manner or as complex as a driver’s duty of care to other drivers on the road. Once your attorney establishes that the at-fault party owed your loved one a duty of care and that they breached that duty, the next step is to demonstrate that your family suffered measurable financial losses due to the death. These financial losses can include medical and funeral expenses, loss of income, and lost inheritance. Non-economic damages, like loss of companionship and emotional distress, may also be recoverable in certain cases.
Your wrongful death lawyer will review any available evidence to build your case, such as police reports and statements from eyewitnesses. Your attorney will also examine any video recordings that may have captured the accident or the events leading up to and following it. These videos can be extremely valuable in proving the actions of the at-fault party and identifying what type of damages your family should receive.
Once your wrongful death attorney has gathered the evidence needed to prove your claim, they will prepare a settlement demand for the at-fault party and their insurance company. Often, a successful settlement is reached through negotiations. However, if you and the insurance company cannot agree on a fair settlement amount, your lawyer will be ready to take your case to trial to ensure that your interests are well-represented in front of a judge and jury. At Faraci Lange, LLP, we have handled thousands of wrongful death claims for families throughout Monroe, Wayne, Ontario, Livingston, Steuben, Yates, and Genesee Counties in western New York. We will fight to get you the compensation that you deserve for the loss of your loved one. Call us today to schedule a free consultation.