You and/or your family might be entitled to collect compensation on behalf of your loved one if their death was caused by the negligence of a person, company, or government entity. If your loved one passed away in a preventable accident in Hempstead, you can choose to hire a Hempstead wrongful death lawyer to help you fight for compensation to cover sudden expenses left to you to handle as a result of your loved one’s passing, among other damages.
Call Morelli Law Firm today at (212) 751-9800 to learn more about how a lawyer from our team may be able to help you. A representative of our firm can evaluate your case for free and explain what options may be available to you based on the circumstances of your case.
You Can Hire a Lawyer to Help You Prove a Wrongful Death Occurred
When a personal injury occurs, the injured party must prove how the opposing party’s negligence caused the accident that led to their injuries. Plaintiffs do this by arguing how the four elements of negligence were in play due to the defendants’ actions or inactions, which is why they are entitled to compensation.
However, when an injury ends in a person’s death, the injured party is not available to make this argument. Instead, the individual’s personal representative and surviving family members may make this argument and file a wrongful death claim or lawsuit on their behalf.
Like personal injury cases, wrongful death cases have certain elements that need to be proven for plaintiffs to receive compensation. According to EPTL § 5-4.4, these elements involve arguing that:
- A death occurred.
- The defendant caused the death because of their negligent or wrongful behavior.
- The deceased individual (referred to as the decedent) would have filed a personal injury claim or lawsuit had they still been alive.
- The decedent’s surviving family members, such as a spouse or child, suffered damages as a result of the decedent’s passing.
- Some or all of these damages can be recovered and entitle you to compensation.
The Decedent’s Personal Representative Must File the Claim or Lawsuit
In many states, family members of the decedent are allowed to file a wrongful death claim or lawsuit to recover compensation. However, in New York, the decedent’s personal representative must file the claim or lawsuit.
This does not mean family members are not entitled to compensation, just that the decedent’s personal representative, who is responsible for their estate, must go through the appropriate motions to redistribute awards accordingly. When it comes to who may be able to receive compensation, the following may be entitled to collect compensation:
- The decedent’s spouse
- The decedent’s children
- The decedent’s parents
- Other legal heirs and beneficiaries of the decedent
Hempstead Wrongful Death Lawyer Near Me 877-751-9800
Surviving Family Members May Be Able to Recover Some or All Damages
Whether you file a wrongful death claim or a lawsuit, you may be able to recover expenses to cover your loved one’s funeral arrangements, any medical expenses they incurred, and potential loss of income if they contributed to the family’s net worth.
However, should you decide to pursue a wrongful death lawsuit, you may be able to recover additional damages not covered by insurance policies, such as:
- Pain and suffering
- Loss of consortium
- Costs related to property damage if applicable
- Mental anguish, including grief
- Post-traumatic stress disorder (PTSD)
- Caretaking services
- Emergency medical treatment
- Loss of future income from the decedent
Each wrongful death case is different, so other damages you might be entitled to collect may not be listed in this article. If you would like to have a Hempstead wrongful death lawyer review your case and calculate how much compensation you might be entitled to receive, you can call our law firm and begin describing how your loved one passed away in a free case evaluation with our team. Call (212) 751-9800 today.
Wrongful Death Cases Have a Deadline
According to EPTL § 5-4.1, the decedent’s personal representative generally has two years to file a wrongful death lawsuit.
It should be noted that the statutory deadline for wrongful death cases are general and can vary if other factors are involved. For example, if your case involves taking action against a municipality, then GMUL § 50-3 dictates that you actually have 90 days to send a notice of claim to the government entity about your loved one’s wrongful death.
Consult your legal team about the timeframe your case has. It is better to act now rather than later.
Contact Morelli Law Firm to Help You Fight for Compensation
Losing a loved one unexpectedly in an accident can cause intense grief for immediate family, significant others, and friends. It is understandable if you do not feel emotionally or mentally up to the task to manage a wrongful death claim or lawsuit on your own, which is why Morelli Law Firm wants to help you.
We understand how taxing the litigation process can be on the decedent’s loved ones. You do not have to fight this battle on your own and can instead look toward our team to represent you on behalf of you and your late loved one.
Contact Morelli Law Firm at (212) 751-9800 for a free consultation with a member of our staff. We can explain the process of filing a wrongful death claim or lawsuit and begin setting you up with a Hempstead wrongful death lawyer. Call today to start the process of having your loved one’s story heard.