If you lost a loved one due to another person or party’s negligent or reckless actions, you have the right to seek compensation for your losses. Our wrongful death lawyers in Long Island, NY, can investigate the details of your case, assign liability, and pursue recoverable damages in a wrongful death claim or lawsuit.
Recovering unexpected expenses due to the preventable death of a loved one can help lessen the burden of your grief. Our wrongful death attorneys at Morelli Law Firm have helped many people win compensation from those who negligently killed people. Here’s how we can help you.
Damages You Can Recover from a Wrongful Death Claim
After the death of your loved one, you may incur many costs from final expenses and suffer psychological problems. Compensation from the at-fault party could help to reduce some of these burdens.
There are various costs you can recover from a wrongful death claim, such as:
- Funeral and burial expenses
- Lost wages and benefits
- Pain and suffering
- Medical care expenses
- Missed parental care and guidance
This is not an exhaustive list of damages you can seek in a wrongful death claim. There are plenty of different circumstances that may warrant damages. Our team will explore all possible options to pursue the compensation you need during this time.
Can My Family Claim Pain and Suffering?
In the past, families were not allowed to seek damages for their own pain and suffering after a loved one’s passing. However, a bill before the governor of NY may change that law soon. The Grieving Families Act will permit pain and suffering, mental anguish, and other non-economic damages for wrongful death cases.
It will also expand the statute of limitations and expand who can file a wrongful death claim. However, as of January 2023, this bill has not been signed. We are watching this bill carefully, so please ask us about it during your consultation. If it passes, your possible compensation could rise sharply.
Long Island Wrongful Death Lawyer Near Me 877-751-9800
Who Can File a Wrongful Death Claim on Long Island?
Not everyone qualifies to file a wrongful death claim. Only certain family members of the deceased can file. Those who are legally eligible to do so include the spouse, children, parents, or the decedent’s personal representative. In cases where a minor is filing, an adult guardian can help the minor file the claim.
There also needs to be an executor of the estate. This may be named in your loved one’s will or may need to be appointed by the court. Our lawyers can assist you with what to do in case your loved one needs an appointed executor.
What You Need to Build a Comprehensive Wrongful Death Case
In the event of wrongful death, many parties may be involved. Those who participate in wrongful death cases are usually the defendants, insurance companies, and the authorities. The process of investigation consists of addressing:
- Where the death occurred
- The cause of the death
- The gathering evidence
- Statements from witnesses
The investigation process can be a painful event for people going through grief, thus making it hard for them to do it on their own. An attorney from our firm will help you collect and preserve evidence before initiating a claim process.
Types of Wrongful Death Cases We Can Help with
In any accident, there is the potential for a preventable death. Wrongful deaths can occur as a result of various events and factors, such as:
- Truck, car, and motorcycle accidents
- Construction accidents
- Defective products
- Slip or trip and fall accidents
- Exposure to dangerous conditions or materials
- Medical malpractice
Wrongful Death Claims and Insurance
In most wrongful death cases, an insurance company makes the final payout to the family. These companies hire teams of lawyers to help them pay as little as possible to victims and their families. You should never try to face them alone, especially when so much is on the line.
If an insurance company tries to offer you or a family member a settlement for what happened, do not take it before speaking with one of our attorneys. If you take it, you could leave a lot of money your family needs on the table. A quick call to us, and we can tell you if it’s fair.
A Wrongful Death Attorney on Long Island Can Give you the Guidance You Need to Help Your Case
During the process of building your case, you may receive a settlement offer from the insurance company that is less than what is necessary for your losses. It may seem tempting at the time to take the offer, but don’t be fooled by it until you’ve spoken with a lawyer.
Our team has the resources to investigate your claim, calculate the actual value of your losses, and pursue compensation on your behalf. We can do all the following for you:
- Handle negotiations and discussions with the at-fault parties
- Investigate the cause and circumstances of the death
- Seek compensation on your behalf
- Evaluate settlement offers to see if they’re fair or not
- Engage with expert witnesses for testimony relevant to your case
- Protect the deceased from blame
Do not hesitate to get in touch with our team regarding your wrongful death case on Long Island to seek help from a lawyer. You deserve the peace to mourn. You might be busy with burial and funeral arrangements, so you may not have time to fight a lawsuit as you grieve.
How Do You Negotiate a Fair Settlement?
Never assume that the first offer you receive will be enough to cover your losses. With the help of a lawyer who handles wrongful death cases on Long Island, you can calculate the actual value of all your losses and know what to seek in a fair settlement.
Some of the factors your lawyer will consider when they evaluate a settlement offer include:
- The value of the damages
- The value of any insurance policies involved
- Any applicable damage caps
- Any circumstances that may add liability on the part of the deceased
- Whether court may be a necessary option to receive a fair settlement, and whether the risks are worth it.
What If You Need to Litigate Your Claim in Court?
The responsible parties may refuse to offer a fair settlement during the negotiation process. In case that happens, we will dispute the case in court to fight for your rights.
At Morelli Law Firm, we have fought and won millions of dollars for our clients in wrongful death cases. The following are some of our results:
- We won $12 million for the estate of a 75-year-old man who was struck by an MTA bus and passed away due to his injuries.
- We won $4.4 million for the 43-year-old victim of a gas leak that killed her husband and mentally handicapped son.
- We won $2.5 million for the estate of a mother of two who died following routine surgery for kidney stone removal, where her doctors were found to be negligent.
There are many more results like the ones above we have secured for our clients. At Morelli Law Firm, we believe the family of wrongful death victims should not have to bear the financial burden of someone else’s negligence.
Who Will Receive the Damages?
The family member who files the case will be the person awarded the damages, but whoever files should make arrangements with other family members to pay back debts incurred by your loved one’s death.
For instance, if one family member pays for the funeral and another family member files the lawsuit, there should be an arrangement to pay them back. Your Long Island wrongful death attorney can help you make these arrangements and keep track of who in your family deserves a share of the winnings.
This is especially important for damages for survivors of the immediate family. Children of the deceased may be awarded damages, and care should be taken to ensure they get them when they become of age.
What If My Case Fails?
Whenever you go to trial, there is always a chance you could lose your case. If you should fall into this situation, you will not need to worry about a fee from our team. Wrongful death attorneys on Long Island work on a contingency basis. You only pay us if we win your case.
The contingency fee is a percentage of the total winnings from a settlement or judgment. When you come to us for a consultation and we judge you have a case, we will go over the details of our contingency fee as part of the contract explanation.
Contact Our Attorneys Today to Help You Handle Your Long Island Wrongful Death Case
At Morelli Law Firm, we believe in holding negligent parties accountable. One of our Long Island, NY wrongful death lawyers can help you seek justice for your loved one on Long Island. Please remember, though, that under EPT §5-4.1, you only have two years to file a wrongful death lawsuit.
Call us or request a free consultation, and we will get started on processing your case. With one of our Long Island wrongful death lawyers on your side, you can focus on your grief, and we can focus on the legal details of your wrongful death claim.