Wrongful death occurs when someone else’s negligent actions lead to the untimely and unexpected loss of a loved one. It’s a tragic and devastating event that can be extremely challenging for family members to cope with. A qualified Wrongful death attorney assisting grieving families can help families through the legal process, helping them receive the compensation they deserve for their losses.
The sudden loss of a loved one can leave surviving family members struggling with many emotional and financial issues. They may have to pay funeral and burial expenses, medical bills from the end of life care of their loved one and more. They also lose the financial support that their deceased relative was providing them with and the assistance, services, companionship and love that they were able to provide as well.
While no amount of money will bring their loved one back or make up for the loss they have suffered, it can help to ease some of their financial burdens and provide peace of mind that their children’s futures are secure. In New York, family members who have lost a loved one as a result of another’s negligence are entitled to file a wrongful death claim. Working with a wrongful death attorney can give families the best chance of securing the maximum settlement that they are entitled to under state law.
A good wrongful death attorney will be experienced in handling these types of cases and have a strong understanding of how they should be presented in court. They should also be able to handle difficult legal and financial issues such as the calculation of non-economic damages. Insurance companies often attempt to take advantage of the ambiguity surrounding these claims and offer grieving families a settlement that is far below what they are actually entitled to.
Finding a wrongful death lawyer that is experienced in the field can be challenging for grieving families. A personal referral from a family member, friend or coworker is often the best way to find one. In addition, you can check the attorney’s credentials and track record to see if they have successfully handled wrongful death cases in the past.
The person who files a wrongful death claim on behalf of a family member is called the “personal representative.” They can be appointed by the deceased person’s will or estate, or they can be appointed by a court of law through an administrative proceeding. In addition to filing the claim, the personal representative is tasked with ensuring that all financial and other losses incurred by family members are recovered from those responsible for the deceased person’s death. This includes pursuing a wrongful death claim against the at-fault party as well as a survival action lawsuit against anyone who contributed to their loved one’s injuries or death. In some cases, this may include medical providers who fail to adhere to the accepted standard of care or landlords who neglect to maintain their properties. This type of claim is known as a “survival action.” In these types of situations, the victim’s family can sue the responsible parties for medical malpractice as well as wrongful death.