When you are still mourning the death of your loved one, filing a lawsuit against the party that caused the demise might not be a priority. However, having an Albany wrongful death lawyer on your side can allow your case for compensation to move forward while you focus on your grief.
Morelli Law Firm represents Albany families in wrongful death cases. Call us (212) 751-9800 to discuss your case with a member of our team. We may be able to represent you and manage the legal work in your case, including investigation, evidence gathering, settlement negotiations, and taking a wrongful death lawsuit to trial, if necessary.
Elements of Wrongful Death
Morelli Law Firm understands the laws, essential deadlines, and legal elements that pertain to wrongful death cases.
Typically, wrongful death cases have four parts that you need to prove to win your claim for damages:
Negligence
For a successful wrongful death lawsuit, there must be evidence that there was a correlation between the death and neglect of the accused. Accordingly, a wrongful death lawsuit may be brought about from fatal injuries that result from:
- Failure to warn guests about dangerous hazards on their property
- Drunk driving
- Failure to maintain safe public areas
- Faulty products
- Medical malpractice and birth injuries
- Unsafe working environment
- Texting while driving
- And more
Breach of Duty
You need to have evidence that the accused person owed your deceased loved one the duty of care. For example, health professionals should deliver care by treating patients using standard medical procedures. Surprisingly, medical errors are the third leading cause of wrongful deaths in the U.S., reports Johns Hopkins University.
An Albany wrongful death lawyer from Morelli Law Firm may be able to make the connection between the deceased’s death and the failure of the defendant to maintain their duty of care.
Causation
Other than proving the existence of negligence and the breach of responsibility by the accused, you also need to show how carelessness contributed to your loved one’s death. Therefore, you have to demonstrate that without the circumstances, your loved one would still be alive.
Damages
Lastly, you have to show that death has made you suffer some losses, which could be emotional, psychological, or financial. There are some general wrongful death damages to consider, such as:
- Pain and suffering
- Medical and funeral expenses
- Loss of wages
- Loss of protection and support
- Loss of potential earnings
- Loss of prospect of inheritance
The total value of the claim may be the sum of all these damages.
Filing for Compensation After a Wrongful Death
There are several factors that the courts may consider when determining who can be awarded as the beneficiaries of the deceased. These include the survivors’ life expectancy and their ages, their relationship to the dead, the deceased’s wealth, and the replacement value of the deceased’s services.
So, who is eligible to file for a wrongful death claim?
Spouse
The death may cause damage to the spouse in various ways, such as loss of consortium and companionship, loss of protection and support, and emotional suffering. Therefore, the spouse may have an entitlement to such injuries.
Children
The deceased’s minor children may seek payment for loss of guidance, companionship, instruction, leadership, advice, protection, and emotional pain and suffering.
Parent
If the dead is a minor, their parents may seek to recover damages for mental pain and suffering, loss of companionship, funeral costs, and psychological expenses.
To discuss your loved one’s death and your potential for recovering compensation in a wrongful death lawsuit, call Morelli Law Firm at (212) 751-9800 now for a free case evaluation.
Albany Wrongful Death Lawyer Near Me 877-751-9800
Proving Fault in a Wrongful Death Case
An Albany wrongful death lawyer from our firm can help you to gather evidence that is pertinent to your case when we represent you.
There are several standard tools that you can use to provide proof of fault, including:
- Footage of surveillance cameras
- Accident reconstructions
- Pictures and videos of the accident scene
- Previous complaints about the defendant or their property
- Witness statements
- Data from the vehicle
- And more
The Burden of Proof
Wrongful lawsuits are civil cases, not criminal cases. Thus, the bar of evidence is not as high as in criminal cases. For success, you do not need to prove your case beyond any reasonable doubt; you may be able to win based on the predominance of proof.
However, a wrongful death lawyer still may be of great service as they frame a strategy for you, scrutinize and investigate the complaint, choose experts to consult, trace eyewitnesses, and research the applicable laws.
The Statute of Limitations in Your Case
If you are considering a wrongful death action, do not delay. Per EPT §5-4.1, most wrongful death lawsuits in New York have a two-year statute of limitations.
If you allow this time limit to pass without taking legal action, it could prevent you from recovering compensation in a wrongful death lawsuit.
Contact Morelli Law Firm Today
Wrongful death can come with many expenses, such as medical bills and burial costs. The compensation you can get out of a successful wrongful death lawsuit may be vital to your family.
An Albany wrongful death lawyer from Morelli Law Firm may be able to offer you proper legal representation if you have lost a loved one in such circumstances.
When you hire us, we can identify the liable party, gather evidence in your defense, and initiate a wrongful death claim against their insurance company. If they are not willing to make you a fair settlement offer, we can take your case to trial and defend your rights there.
Call Morelli Law Firm today at (212) 751-9800 for a free case evaluation.