What Qualifies As A Wrongful Death Lawsuit
What Qualifies As A Wrongful Death Lawsuit
For your personal injury case to qualify as a wrongful death lawsuit, you will need to prove that another party’s actions caused your loved one’s passing. You will need to use evidence to support your case. Some pieces of information that could help your wrongful death lawsuit include your loved one’s medical records, the accident or incident report (if one is available), statements from eyewitnesses, expert testimony, and other evidence.
To secure fair and just compensation for each and every type of your wrongful death-related damages, you should retain the services of an experienced and dedicated New York wrongful death lawyer. They can gather evidence, identify the liable party or parties, and fight for the compensation you deserve.
Types of Accidents That Could Result in a Wrongful Death
It is essential to determine what caused your loved one’s passing because not every accident-related death results from negligence. For example, if your loved one fell down a staircase at a mall, you may not be able to sue if there was nothing wrong with the staircase.
However, if your loved one died after falling down a staircase with a loose floor tile or handrail, you may be able to file a wrongful death claim. If you can prove that negligence was involved, you could bring a claim against whoever was responsible for maintaining the staircase.
For instance, if the mall’s owner was informed of a loose floor tile on the staircase but failed to repair or replace it, you may hold them accountable for the fatality.
Some situations that can give rise to wrongful death lawsuits include:
- Construction and workplace accidents
- Motor vehicle collisions
- Bicycle accidents
- Premises liability incidents
- Trip or slip and fall accidents
- Nursing home abuse or neglect
- Medical malpractice
Many other situations can cause fatal injuries. A New York City wrongful death lawyer can review your accident, determine if you have a case, and help you recover compensation on behalf of your loved one.
For a free legal consultation, call (212) 732-2929.
Possible Compensatory Damages in a Wrongful Death Case
After losing a loved one, you may incur significant financial damages. For instance, if your loved one was the primary wage earner in your household, you may face disruption to your financial stability. A wrongful death claim or lawsuit could help you recover the money your family lost in income, health, and pension benefits.
The damages your family may be entitled to vary based upon unique facts and circumstances. Generally, however, the American Bar Association sets out the full range of damages available in a wrongful death claim:
- The wrongful death victim’s pain and suffering
- Funeral expenses
- Burial expenses
- Lost income
- Medical expenses
- Loss of services around the home
- Loss of parental guidance
- Loss of health insurance, pension, retirement, and union benefits
Depending on the facts of your case, your family may be able to recover money for many other types of additional damages you suffered that are not included on this list.
Our Lawyers Can Help You Recover Compensation
When you hire the New York wrongful death lawyers at Dansker & Aspromonte Associates LLP, we will fight for your legal rights so that you can focus on your recovery.
Some of the many steps our lawyers will undertake to promote the best outcome for your family may include:
- Advising you as to your conduct throughout the lawsuit process. This may include answering your questions, making sure that you gather all necessary information, retaining records, and not speaking to anyone about the accident who is not associated with your lawyers.
- Conducting a careful and thorough investigation of the accident including gathering all police and incident reports, interviewing witnesses, securing evidence such as video footage, visiting the site of the accident, taking and gathering photographs, demanding sworn statements from the at-fault parties, consulting experts, collecting all EMS, ER and hospital records and analyzing all lost wage and economic data.
- Filing all legal paperwork in a timely manner.
- Building a strong claim that establishes legal evidence of fault as well as proof that the wrongful death was the result of such fault. Establishing each and every aspect of damage that was suffered by your family through extensive interviews and supporting evidence. Every case is prepared for trial in order to telegraph to the opposing side that we are willing to proceed to trial before a jury in court.
- Negotiating with representatives of the at-fault party or parties for a fair and just financial settlement.
- Presenting your case in court before a jury at trial, if necessary.
Our lawyers may employ other legal measures besides those listed here. While every case is different, you can expect our lawyers will take all necessary steps to maximize your family’s recovery.
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Call Dansker & Aspromonte Associates LLP for Help with Your Case
If your loved one died as the result of an accident, your family may be entitled to substantial money damages. Even if you are not sure whether you have the right to bring a lawsuit, call Dansker & Aspromonte Associates LLP for a free consultation. Many accidents may not appear at first to be the result of negligence but a careful investigation of the facts reveals otherwise. Our lawyers have been representing victims of serious accidents since 1988. Let us review the facts of your case. Call us today. Don’t delay, however, since there are deadlines that limit your rights to recover compensation. If you fail to file your claim by the deadline, you may be forever barred from receiving the compensation you deserve.
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What Situations Warrant Wrongful Death Claims?
Wrongful death suits allow family members to seek justice for a loss of life in the form of financial compensation. Therefore, if you lost a loved one due to someone else’s negligence and the death caused your family to undergo losses, you may be eligible to pursue a wrongful death claim.
The Centers for Disease Control and Prevention (CDC) reports that unintentional injuries are the third-leading cause of death in the U.S. These accidents form the basis of wrongful death claims.
Examples of unintentional accidents include:
- Medical malpractice: A medical professional breaches their duty to provide reasonable care to all patients.
- Nursing home neglect: Nursing home staff fail to provide adequate care to residents.
- Motor vehicle accidents: Negligent car, truck, bus, or motorcycle drivers cause the death of your loved one.
- Workplace accidents: Employers fail to provide safe workplaces, resulting in fatal accidents.
- Premises liability: Property owners or occupiers do not maintain secure premises, and their negligence causes fatal injuries.
Receiving a Wrongful Death Settlement
There is no way to know how long it will take to settle a wrongful death claim. Every case is unique. The timeline typically depends on how quickly you pursue legal action, the complexity of the claim and if the liable insurance company agrees to make the settlement.
Once your wrongful death lawyer gathers and evaluates all evidence of fault and damages, they can determine a fair recovery, which they demand from the at fault party or parties.
Hire a Lawyer to Prove Your Wrongful Death Claim
It can be challenging to prove a wrongful death claim. In the wake of losing a loved one, taking legal action can be emotionally draining. But a wrongful death attorney from Dansker & Aspromonte Associates LLP can assist by gathering the necessary evidence to support your claim while you and your family focus on healing. We have been fighting for injury victims and their families since 1988.
Contact our law firm if you reside in the New York City metropolitan area and want to learn more about filing a wrongful death claim or lawsuit. Our team of experienced wrongful death lawyers is always ready to help you. Call for a free consultation now. If we agree to accept your case, you will not be required to pay us any money upfront. We only collect a legal fee when you recover compensation.
Call or text (212) 732-2929 or complete a free case evaluation form.
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