The death of a loved one can have profound emotional and financial consequences for family members. Wrongful death claims seek compensation for those losses.
Compensation for economic damages includes funeral expenses, lost income, and pain and suffering before the deceased’s death. Survivors also have the right to compensation for non-economic losses. Contact Duluth Wrongful Death Lawyer now!
When a loved one dies because of another person’s negligence or wrongdoing, it can be emotionally devastating for family members. In addition to mourning the loss of a cherished member of the family, survivors may also be concerned about paying bills or taking care of other obligations that result from the death. The deceased’s heirs are often entitled to financial compensation to help offset these expenses.
A wrongful death claim is a civil lawsuit brought by the victim’s family or estate against those responsible for the victim’s death. It is similar to a personal injury claim but with more severe consequences. Wrongful death claims seek compensation to pay for funeral and burial expenses, medical bills before the victim’s death, loss of future income, emotional distress, and more.
Proving that your loved one’s death was a result of another party’s negligent act can be difficult, even with the help of a seasoned wrongful death lawyer. Your attorney will review police reports and interview eyewitnesses and other relevant parties to understand what happened and how your loved one’s death was a direct result of another party’s actions.
The length of time a wrongful death case takes varies widely, depending on the nature of the accident and how thorough your lawyer’s investigation is. Additionally, the statute of limitations – which is the amount of time plaintiffs have to file a lawsuit – varies by state.
If the underlying cause of your loved one’s death is something such as an auto accident or work-related injury, there is more than likely sufficient evidence to support your wrongful death claim. However, it is critical to consult with a NYC wrongful death attorney as soon as possible so that they can begin investigating the facts of your case and determining who should be held responsible.
Moreover, your wrongful death lawyer can help you recognize and prove the full financial losses associated with your loved one’s death. This may include loss of companionship, grief counseling or other support costs, legal fees, property expenses, and more. Your lawyer can also seek punitive damages if they feel it is appropriate given the circumstances.
Damages
The financial consequences of a loved one’s wrongful death can be immense. A successful claim can compensate surviving family members for their losses and help them get back on their feet. This can include burial expenses, loss of future income, the value of a deceased person’s services to his or her family, and the cost of care that was provided before death.
In addition to monetary damages, survivors may be awarded compensation for non-economic damages such as pain and suffering and loss of companionship. These damages are meant to acknowledge the emotional and psychological distress that family members experience as a result of the wrongful death of their loved one.
A wrongful death lawsuit can also serve as a deterrent, helping to prevent similar incidents in the future. For example, if the jury determines that a driver was driving recklessly or while intoxicated, the defendant could face criminal charges. This could lead to increased awareness of the dangers of impaired driving and improved safety standards for everyone on the road.
Proving negligence or misconduct can be challenging. A wrongful death lawyer can help a family build a strong legal case. They can help gather evidence and compile a list of all the damages they have suffered. They can then present the evidence to a jury to determine the appropriate amount of compensation for the wrongful death of their loved one.
It is important to note that the amount of damages recoverable is limited. A wrongful death lawsuit must be filed within the statute of limitations, which varies from state to state.
There are a few exceptions to this rule. A wrongful death claim can be filed by a surviving spouse, children, siblings, parents, and grandparents of the deceased person. It can also be filed by the personal representative of the deceased person’s estate. For example, a Sarasota mother filed a wrongful death lawsuit against IKEA after her 2-year-old daughter died from the collapse of a defective dresser purchased from the store. The grandmother was not a statutory beneficiary, so the Appellate Division ruled that she could not receive compensation for her deep emotional distress. The lawyer she hired appealed the decision to the State Court of Appeals, which reinstated her claim.
Time Limits
The loss of a loved one due to someone else’s negligence or wrongdoing can bring a wide range of devastating consequences. A wrongful death lawsuit may help families receive much-needed financial relief and bring closure to their tragic situation. However, a successful claim is only possible when the case is filed within the designated statute of limitations. The exact time limit will vary by state, and there may be specific exceptions or extensions that apply in certain circumstances. Consulting with a wrongful death lawyer as soon as possible will allow you to ensure that your rights are protected and you meet the relevant deadlines.
In most wrongful death cases, the statute of limitations begins to run from the date of the victim’s death. This two-year deadline applies regardless of whether the lawsuit is being brought against a private individual or a public entity, such as a government agency or a municipal or county government. However, there are a number of important exceptions to this rule.
For example, if the victim was a minor at the time of their death, the statute of limitations may be delayed until they reach age 18. If the person who is filing the lawsuit has been declared mentally incompetent or is incapacitated, the statute of limitations may be paused until they are able to resume their legal duties. If the defendant is missing or in hiding, the statute of limitations may be paused for as long as it takes to locate them.
Regardless of the nature of the case, failing to file the death suit within the required timeline can lead to serious consequences. The most obvious consequence is losing the right to seek compensation. In addition, the passage of time can weaken or destroy evidence, and witnesses’ memories can fade over time, making it more difficult to prove liability and damages. Delays in seeking legal representation can also lead to increased costs as attorneys need to spend more time gathering and analyzing evidence.
While coping with the loss of a loved one is a challenging time, you should prioritize your family’s emotional well-being while seeking justice for their untimely death. Contacting a compassionate and knowledgeable wrongful death attorney promptly can prevent you from missing critical legal deadlines and help you navigate the complex legal process effectively.
Representation
A wrongful death lawyer can handle all the legal aspects of your case so that you and your family can focus on mourning and healing. They will investigate the accident, gather evidence of fault, work with qualified experts, submit confusing legal paperwork and handle many other aspects of your case so that you do not have to worry about it. They can also negotiate a settlement or take your case to trial if they cannot reach an acceptable agreement with the responsible parties.
Wrongful death lawsuits seek compensation for financial losses that are associated with the loss of a loved one. These losses include costs for medical care received prior to the death, funeral and burial expenses, lost income that your loved one would have earned over their lifetime and pain and suffering that your family member experienced due to the negligence of others.
In New York, a wrongful death lawsuit is a civil case filed in the Supreme Court of the county where your loved one’s death occurred against those responsible for their negligent actions. While this type of case is not a criminal act, it still has many of the same rules as a personal injury claim, including the burden of proof and statutes of limitations.
If your loved one was not criminally convicted, the person who files this type of claim is known as the personal representative. This is typically the spouse, children, or other relatives who were dependent on your loved one for support. This individual must file a wrongful death claim and is responsible for providing proof of financial losses.
In wrongful death claims, awards are typically awarded to cover both economic and non-economic damages. These can include costs for medical care your family member received prior to their death, funeral and burial expenses, lost income and loss of companionship and guidance. In some cases, punitive damages may be awarded. These additional damages are meant to punish a party for particularly egregious actions and serve as a deterrent against similar behavior in the future. If you have questions about filing a wrongful death claim in New York, speak with an attorney at Torgan Cooper + Aaron.