Losing a loved one is one of the hardest things we will ever have to face. When someone is taken before their time because of someone else’s actions or negligence, insult is added to the grief. However, you can take steps to get financial compensation in these cases.
Morelli Law Firm is the place to turn to when you need representation from a wrongful death lawyer in Huntington. We can help you cover the financial burdens of losing your loved one so suddenly and in so cruel a manner. Here’s how our team can assist you during this devastating time.
Areas of Compensation in Wrongful Death Claims
There are three main areas of compensation in wrongful death claims. The first is the final funeral and burial expenses, medical expenses, and other final costs related to the death. These are the easiest to calculate.
The second area is the loss of income to the family over the death. Both lost wages and lost benefits can damage the financial health of a family. Morelli Law can help you pursue those damages as well to reduce the financial shock of losing a breadwinner.
The last area is the psychological and other non-economic damages that comes from losing a loved one. From the loss of parental care and guidance to children, to the loss of a marital partner and all its consequences (loss of consortium), we can pursue those costs under the state laws for wrongful death.
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Can I File a Wrongful Death Claim?
This is a crucial question for wrongful death claims. Not everyone qualifies to file one. In New York, there are only four parties that can file a wrongful death claim. These are the spouse, the children, the parents, or the decedent’s personal representative. If the child is a minor, an adult guardian can assist them to sue on their behalf.
Another requirement is there must be an executor of the decedent’s estate. If they had a will, they will be named there. If they died without one, known as being intestate, the court will have to appoint one. In either case, our Huntington wrongful death attorneys will make sure these requirements are met before filing to ensure your case does not get rejected by the courts.
Building a Wrongful Death Case
Proving a wrongful death case falls much under the same rules as other personal injury cases. We need to prove negligence by showing duty, breach, causation, and damages. Here’s what those terms mean.
The party you’re suing needs to have had a duty of reasonable care toward the decedent. Some activities cause people to assume one automatically. If you get behind the wheel of a car, the law states you have a duty of care toward everyone using the roads.
In complicated situations, like a death at a construction site, there may be many parties with a duty of care. Finding the right ones to sue is part of the job of a wrongful death lawyer. They need to have a duty and also the assets to make them worth suing.
Breach is the breach of the duty of care. The party we’re suing has to have created a situation to put your loved one’s life at risk. This breach can happen through a deliberate action or through a negligent action.
Sometimes, this action is clear-cut, like a reckless driver, but not always. Sometimes, breaches are spelled out in laws and regulations. And sometimes, we have to rely on expert witnesses to explain how someone’s actions were unreasonable enough to cause a breach.
Breach alone is not enough to win a lawsuit. We must show that the breach caused your loved one’s death. This is usually a straightforward thing to prove, though there can be challenges. The coroner’s examination and your loved one’s medical records play a crucial role in proving causation.
Damages are the consequences and costs you’re trying to recover through compensation. We have to show how you’ve been damaged and argue for the amount of compensation you need to be made whole again.
If all four can be shown, and there are no other legal obstacles like a breach of the statute of limitations, you can win your case. Proving these four things is the key task for your wrongful death lawyer.
Let Us Prove Negligence for Your Wrongful Death Case
Let us help you hold the negligent party responsible for your loved one’s death. Call Morelli Law Firm or request a free case evaluation to see if you have a case. If you do, and you agree to our terms, we will get started on the process.
Once you have one of our Huntington wrongful death lawyers on your side, you can focus your attention on processing your loss and we can focus on the legal details.