Losing a loved one is always heart wrenching, but it becomes even more traumatic and debilitating when the death was preventable. If you’ve lost someone as a result of another person’s negligence, you might be entitled to financial compensation. A wrongful death lawyer can investigate the circumstances and determine who may be liable. They can also aggressively negotiate with insurance companies to obtain a fair settlement. A wrongful death case is a civil matter that’s heard in the Supreme Court of New York or the Civil Court of the City of New York. Wrongful death cases are different from criminal cases, which are prosecuted in the County where the crime occurred.
How to Choose a Wrongful Death Lawyer
If you’ve suffered the loss of a family member as a result of another person’s negligent behavior, it’s important that you consult with a skilled NYC wrongful death attorney as soon as possible. The state’s statute of limitations may limit the amount of time you have to file a claim, so an attorney who is familiar with your jurisdiction’s laws can help you navigate the process and ensure that your legal rights are protected.
You’ll have to prove that your loved one’s death was due to the defendant’s negligence, and that the defendant breached a duty of care owed to your loved one. This is usually established by showing that the defendant acted with a lack of care or skill that an average person would have used in similar circumstances.
The other issue to establish is the extent of your losses and expenses. The most obvious economic damages are funeral and medical costs, but you may be able to recover noneconomic damages as well. These include your loss of companionship, affection, moral support, guidance, and more. They are often calculated as a means of compensating you for the emotional distress that your loss has caused you.
Wrongful death claims are typically filed by the deceased’s estate, with a close relative filing letters of administration at the Surrogate’s Court and becoming the personal representative of the deceased person’s estate. This person will have to testify at the trial and sign court documents, so choosing a trusted family member is important. If the lawsuit is successful, the personal representative will be awarded damages for the loss of your loved one.
Some states allow for a separate action to be brought on behalf of your loved one’s estate for pain and suffering that was experienced prior to their death. This is known as a survival action and is filed by the decedent’s estate. It is common for the survivors to be entitled to both types of damages, depending on your state’s law.
In a wrongful death lawsuit, a jury can award a variety of damages, including punitive damages to punish the responsible party for their egregious actions. How this is decided is based on the circumstances of your case, but generally speaking, juries will consider the value of your loved one’s life, their age, health, and expected life expectancy, their intelligence and earning capacity, and more.