There is nothing more traumatic than losing a loved one due to someone else’s negligent actions. Whether you lost someone you love to a reckless driver, a health care provider’s error, or a defective product, you could have the right to recover damages on their behalf in Albany. Having a wrongful death lawyer from our firm 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 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.
How do You Know if You Have a Wrongful Death Claim in New York?
When you file a wrongful death claim, it is comparable to a personal injury claim your loved one would have filed for their damages if they had not passed away due to their injuries.
This means you may have a right to recover financial losses stemming from when they were injured and their sudden passing. A lawyer from our firm who handles wrongful death cases in Albany, NY, can investigate your case, determine liability, and pursue compensation on your loved one’s behalf while your family continues to mourn in private.
Who Can File 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 deceased, 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 decedent is a minor, their parents may seek to recover damages for mental pain and suffering, loss of companionship, funeral costs, and psychological expenses.
A team member is standing by to discuss your loved one’s death and your potential for recovering compensation in a wrongful death lawsuit during a free case evaluation.
Albany Wrongful Death Lawyer Near Me 877-751-9800
The Statute of Limitations in Your Albany Wrongful Death 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. The statutory clock starts ticking on the day of your loved one’s passing.
If you allow this time limit to pass without taking legal action, it could prevent you from recovering compensation in a wrongful death lawsuit. An attorney from our firm who handles wrongful death cases in Albany is familiar with the state laws and statutes and can ensure all paperwork is filed on time in the courts.
Elements of Wrongful Death That You Need to Prove in Your Claim
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:
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.
Breach of Duty
Once you establish the at-fault party’s duty toward your loved one, you must show how they failed in that duty. Continuing with the example above, you would need to show how a healthcare professional failed to provide your loved one with the proper standard of care. Medical errors are the third leading cause of wrongful deaths in the U.S., reports Johns Hopkins University.
Causation
For a successful wrongful death lawsuit, there must be evidence that there was a correlation between the death and the accused’s actions. Accordingly, a wrongful death lawsuit may be brought when fatal injuries 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
You have to demonstrate that without these circumstances, your loved one would still be alive. A 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.
Damages
Lastly, you have to show the damages that resulted from the death. For example, your losses 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.
Proving Fault in a Wrongful Death Vase in Albany
A wrongful death lawyer from our firm can help you gather evidence 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 (black box data)
The Burden of Proof
Wrongful lawsuits are civil cases, not criminal cases. Thus, the burden of proof 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 from our team may still be of great service, as our team can frame a strategy for you, scrutinize and investigate the complaint, choose experts to consult, trace eyewitnesses, and research the applicable laws.
What our Clients are Saying About Their Past Experiences with our Team
At Morelli Law Firm, we are passionate advocates for our injured clients. Our legal team will fight for you during insurance negotiations or in court. Check out what our past clients have posted about our commitment and dedication in Google reviews.
- “From the moment Ben Morelli appeared, I was confident we’d made the right decision. Morelli was straightforward, empathetic, and above all, a no-nonsense communicator.” – Mike Walsh (One of the recipients of a $265 million settlement for passengers injured in the Amtrak 188 derailment)
- “One thing is for sure, we were incredibly lucky and truly blessed. Throughout the process you have been amazing.” – Janine Boswell (A confidential settlement was reached for Boswell and her daughter, who were severely injured when a tractor-trailer collided with their car)
- “He was in complete control of the case… he was there to comfort them and to assure them that everything will be alright.” – Victor Gallego (A confidential settlement was reached for the family of a mother and daughter severely injured in a Connecticut bus accident)
We have obtained millions of dollars in settlements and court awards for our clients. Allow us to fight for compensation on behalf of your loved one who died as a result of someone else’s negligence. We can begin the journey to justice today.
Contact the Attorneys at 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. A wrongful death lawyer from Morelli Law Firm may be able to offer you proper legal representation in Albany 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 for a free case evaluation.