If a family member passes away due to someone else’s carelessness, such as a doctor’s error or a car accident, you may be responsible for their medical expenditures, funeral costs, and emotional anguish. You would have a right to financial compensation if the negligence of another person brought about the death of a loved one. 

A wrongful death case can help you get that and punish those responsible for your loved one’s death; whoever is responsible for your loved one’s death, whether a negligent doctor or a careless driver, should be held liable. Pursuing a claim for wrongful death may alter your future in significant ways. You can get some financial relief by agreeing to a settlement, and you can get closure by bringing the offending party to court.

An experienced wrongful death lawyer will be crucial if you choose this route. A lawyer for wrongful death in NYC can help with that. They will explain the legal procedure of filing a wrongful death complaint and walk you through getting justice for your loved one’s passing. Let’s examine this procedure in greater detail.

The Workings of a Wrongful Death Case

For more information on how a wrongful death claim works and how it might apply to your situation, you may want to schedule a free consultation with a law firm. For the most part, this is the path a wrongful death claim might take: 

  • If you believe that the government of your town or city is responsible for your deceased family member, you can file a notification of claim with their insurance provider. 
  • Damages from a wrongful death claim are calculated, and a demand letter is sent to the responsible party demanding payment. 
  • In some cases, the insurance provider or the government entity may evaluate your claim, determine who was at fault and make a settlement offer based on those factors. 
  • With the help of your lawyer, you look at the settlement offer to see if it makes sense. If that happens, your lawyer might send back the offer and start negotiating on your behalf. 

Even though settlement offers are often made after claims negotiations, not all of them lead to a deal. Your lawyer may tell you to file a “wrongful death action” to get money for losing a loved one. Processing a claim can take anywhere from a few days to more than a year. Your lawyer can explain the steps and keep you up to date on how the case is going.

When is a Wrongful Death Suit Permissible?

If the deceased person could have filed a personal injury claim against the negligent party, their heirs may do so in a wrongful death lawsuit instead. Since they are no longer alive, a family member or executor of the estate can file an insurance claim on their behalf to compensate for the losses. 

Four components must be proven to file a wrongful death claim on behalf of a deceased loved one: 

  • Breach of Duty 

Everybody has a moral and ethical obligation to avoid putting others in danger. It would help if you showed that the defendant owed the deceased individual a duty of care to win a wrongful death lawsuit. 

Instances where care must be taken, include;

A driver in a car or truck has a responsibility to stay alert and follow all traffic regulations at all times. 

Doctors are ethically obligated to protect their patients’ health at any cost. 

It would help if you established that the defendant owed you a duty of care and that they broke that duty to win a negligence case. The family of a person killed in a car crash, for instance, would have to prove that the other driver owed them a duty of care to avoid endangering lives on the road and that they violated that obligation by, say, texting and driving. 

  • Negligence and Causation 

Those who claim wrongful death must additionally prove the defendant’s recklessness or carelessness played a role in the decedent’s death. As a result of their carelessness, the victim tragically lost their life.

If the defendant is proven to have caused the decedent’s death, they must pay the deceased’s family compensation for their losses. 

  • Listing Damages 

The final element of a lawsuit for wrongful death damage. Any of the following must be consequences of the victim’s death: 

  • Healthcare expenditures 
  • Revenue decline 
  • Funeral and burial expenses 
  • Grief over a lost friend or companion 
  • Misery and agony damages

Who May Submit a Wrongful Death Assertion?

Generally, blood relatives are given priority. Talk about who will file the claims if the person who died didn’t have an official administrator for their property. Check the will of the person who has died to see if there are any heirs who are due something. 

In most instances, the surviving spouse must file a claim for wrongful death. We also welcome applications from biological or stepchildren. If the person who died did not have a partner, you should talk to any siblings or step-siblings who are still alive. 

Those who depended on the person who died financially, physically, or emotionally have a strong case for wrongful death compensation. When a minor dies, their parents or guardians might file a lawsuit on their behalf. Most of the time, it gets harder to press charges the further away you are from the person who died.

How a Lawyer Can Be of Service

It cannot be easy to lose a loved one suddenly and unexpectedly. One who specializes in cases of wrongful death may be capable of helping you in your quest for justice. A legal representative can interview you and other relatives about the incident, examine the matter, and compile evidence to support your claim. 

To figure out who was to blame for your family member’s death, the lawyer may look at the medical records and the police report, talk to law enforcement and medical professionals, and talk to experts. 

The lawyer can figure out the short-term and long-term financial and emotional costs of your loved one’s tragic death, such as the cost of medical bills and a funeral. The attorney can think about how much money and benefits your family lost when a loved one died. 

The lawyer can take into account the emotional pain you and your family have been through since the death of a family member. The lawyer will use this information to create a fair settlement offer

The lawyer will file a formal petition or petition with the court, outlining the circumstances surrounding the death of the client and the legal basis for filing a wrongful death suit. Your lawyer will also serve the defendant with a summons, letting them know they are being sued. The location of the court hearing will be included in the summons. 

Then, your lawyer will work with the defendant’s lawyer to exchange all the necessary paperwork. If the parties could work out their differences without going to court, they might be able to reach a deal. This would save them time and money. If it doesn’t work, the case must go to court. 

At the trial, both the prosecution and the defense will make their cases, and the jury will decide if the defendant is to blame for the death of your loved one. If this is true, the jury will decide how much money you should get as compensation.