Bringing a wrongful death lawsuit requires the help of an experienced attorney. A good lawyer knows how to collect evidence, present a strong case, and clarify that the at-fault party breached their duty of care to the victim.
Although no amount of money can replace a deceased loved one, financial compensation can help ease the burden on those left behind. A wrongful death lawsuit can include compensation for medical expenses, funeral costs, and more. Contact Duluth Wrongful Death Lawyer now!
When someone you love dies as a result of another person’s negligence, the loss is overwhelming. While no amount of money can replace your loved one, compensation can help ease the financial burden and allow you to move forward with your life without a significant financial setback.
A wrongful death lawyer can help you file a claim against the responsible party to obtain financial compensation for your losses. This is especially true if you were dependent on your deceased family member for income or other benefits like health insurance or Social Security. Depending on your situation, you may be entitled to damages for lost future earnings, funeral expenses, emotional distress and grief, pain and suffering, and other economic losses.
While most wrongful death claims are settled out of court, some cases require a trial by jury to hold the responsible parties accountable. An experienced wrongful death lawyer will be prepared to take your case all the way to a verdict. This demonstrates to the other party and their insurer that you are serious about holding them accountable for their actions.
Wrongful death claims are based on legal theories of negligence and loss. They involve proving that the defendant owed your loved one a duty of care, breached that duty by acting negligently or recklessly, and that this action directly led to your loved one’s untimely death.
Proving this can be complex. For example, in a wrongful death case stemming from a car accident, your attorney must demonstrate that the defendant failed to yield the right of way, drove under the speed limit, or engaged in other unsafe behavior. In addition, your wrongful death lawyer must be able to show that your loved one suffered severe injuries in the accident as a result of these actions and that this injury was a direct cause of their death.
Your lawyer should also be able to establish your family’s financial losses, including medical bills, funeral expenses, lost wages, loss of inheritance and college funds, and other monetary losses. Your attorney may consult experts such as economists and doctors to identify the full extent of your losses and provide proof of them in your case.
Knowledge of Statutes
Wrongful death is defined by state law as the “death of an individual caused by the negligent, willful, or wrongful act, neglect, or default of another.” These claims are similar to personal injury lawsuits that survivors would file against responsible parties for damages, but a wrongful death lawsuit must be filed within a set period of time known as a statute of limitations.
This limits how long survivors can wait to file a claim and ensures that valuable evidence is not lost over time. Wrongful death attorneys familiar with your state’s laws can explain the details of the process and help you understand the deadlines.
In many cases, a wrongful death lawyer must prove that the deceased person could have brought a personal injury lawsuit against the responsible party for the same incident had they survived. This means that there must be a duty of care owed, and this duty was breached. It is common for wrongful death lawsuits to be brought against doctors who commit medical malpractice, for example, when they fail to follow standard procedure or diagnose the patient correctly.
However, not all wrongful death victims are immediate family members. Instead, some states allow a wrongful death suit to be brought by the estate representative on behalf of surviving family members. This is often the executor of the deceased person’s estate.
Wrongful death cases also include non-economic damages like loss of companionship and mental distress or anguish. A skilled wrongful death lawyer can present evidence to support these claims and help you win a fair settlement.
The attorneys at Block O’Toole & Murphy have handled numerous wrongful death cases, including those involving fatal car accidents, construction site injuries, and nursing home abuse and negligence. We are committed to ensuring that the families of those who have suffered the wrongful death of a loved one receive justice.
New York wrongful death cases are heard in the Supreme Court of the State of New York. They have a lower burden of proof than criminal cases which are heard in the state’s felony courts.
Expertise in Calculating Damages
The death of any family member is a tragedy, but when that death could have been avoided because of another party’s negligence or reckless behavior, it is especially painful. A wrongful death claim can seek compensation for losses suffered by surviving family members. A qualified attorney can identify the liable parties, file lawsuits, and negotiate with insurance companies to get a fair settlement.
Wrongful death claims typically include both economic and noneconomic damages. Economic damages may cover medical bills, funeral expenses, lost income, the value of services and support that your loved one provided to your family, and the pain and suffering you endured because of their loss. In addition, a jury may award punitive damages that punish the liable party for particularly egregious conduct.
Often, it is difficult to determine the extent of your family’s financial losses, and it can be even more complicated to calculate the monetary value of your loved one’s life. An experienced wrongful death lawyer can use industry standard valuations and economic data to establish the amount of your family’s economic losses. These experts also have the skills to present complex matters in an understandable way to a jury.
It is also essential to know the law regarding how much each surviving spouse, parent, or child should receive as part of the settlement. This requires careful consideration of each survivor’s relationship to the deceased, and a thorough analysis of tax records, payroll information, job duties, pay standards, and expected promotions as well as fringe benefits.
A skilled wrongful death attorney will also have a solid understanding of the state statutes and rules concerning who can file a wrongful death claim, as well as the time limit within which a lawsuit must be filed. This will ensure that important evidence does not expire, and that the case can be resolved quickly.
The Rochester wrongful death lawyers at Faraci Lange, LLP, are experienced in handling wrongful deaths and other personal injury cases. We can help you pursue the maximum compensation possible for your losses, including funeral costs, lost income, and other financial and emotional losses.
Knowledge of Insurance Companies
The loss of a loved one is always tragic, but when that death was avoidable through negligence or other culpable conduct, it can feel even more devastating. That is especially true when a family’s financial needs are not adequately met after their loved one’s death. The Rochester wrongful death lawyers at Faraci Lange understand this well, and we have helped many families seek fair compensation after their loved ones’ deaths.
A wrongful death case involves more than just proving the cause of your loved one’s death and filing a lawsuit against the responsible party. You must also work with insurance companies to secure a fair settlement. This is where a skilled wrongful death attorney can make a huge difference in the outcome of your case. Wrongful death attorneys are able to navigate negotiations with insurance companies by conducting thorough assessments, gathering evidence, calculating damages and crafting compelling demand packages.
Establishing the value of a wrongful death claim is complex and involves evaluating a variety of factors including your loved one’s lifetime earning potential, the medical expenses they incurred before their death, the cost of funeral services, and any lost income from the deceased’s employment. In addition, juries often award non-economic damages such as pain and suffering, loss of companionship, and emotional distress. A wrongful death lawyer can help you gather and organize this evidence and present it in a cohesive manner, maximizing the value of your case.
When it comes to negotiating with insurance companies, keeping your cool and remaining professional is key. During the course of the negotiation, an experienced wrongful death attorney will ensure that your demands remain reasonable while making sure that all possible sources of compensation are pursued. They will also help you negotiate counteroffers and adjustments while leveraging their own knowledge of the insurance industry’s practices.
Wrongful death cases that settle out of court often require family members to decide how their compensation should be divided. This can be a sensitive conversation, but an experienced wrongful death attorney will be able to help you facilitate it in a way that maximizes the value of your case.