The loss of a loved one can be devastating to your family. Furthermore, you may be struggling to face having to pay for someone else’s negligence or careless actions. A New Rochelle wrongful death attorney is committed to helping your family get through this challenging time by providing comprehensive legal services.
A legal team can oversee your claim by investigating the accident, helping you to assess your losses, and fighting to get you fair compensation for your damages. No amount of money can bring your loved one back, but it can at least help you manage the expenses.
What Is a Wrongful Death Claim?
If someone dies due to another person’s wrongdoing, negligence, or careless actions, the survivors of the family may file a wrongful death claim against the at-fault party or their insurance company.
When you file a claim for a wrongful death suit, you may pursue compensation for damages. Damages may include both economic and non-economic losses that occurred after the death of your loved one.
However, there are some important things to know about filing a wrongful death claim you should review that could affect the strength of your case.
A New York Law Firm Can Help You Recover Your Losses
Losing a loved one in an accident can cost your family thousands of dollars and reduce the amount of income your household is accustomed to earning. The party responsible for your loved one’s death should be responsible for covering your financial losses.
A wrongful death attorney in New Rochelle can help you get a fair settlement from the insurance company so that you can recover your financial losses.
Pre-Death Medical Expenses
Did your family member receive treatment prior to death? If so, you may be able to recover up to 100% of all medical expenses including ambulatory services, emergency medical care, ICU-related expenses, or surgical procedures.
Burial Costs
Your family may pay out thousands of dollars in burial costs. These include purchasing the tombstone, burial plot, casket, or memorial. They may also have to pay for the upkeep of the burial plot. You may be entitled to a full settlement of all your burial costs.
Funeral Preparation and Ceremony
Funeral home expenses can skyrocket quickly. You may have to pay for body preparation, use of the funeral home facilities, flowers, arrangements, catering, and other common expenses associated with funerals.
Loss of Household Income
In addition to the amount paid out, the deceased may have been a primary provider in the home. As a result, your family may now be losing significant income. A lawyer can assess the total amount of lost income, retirement, insurance, or other benefits and add it to your claim.
Pain and Suffering
Your loved one may have experienced physical or mental anguish prior to death, and you can receive compensation for this. Similarly, you and your family will be affected by pain and suffering due to your loved one’s untimely death.
A New Rochelle wrongful death attorney can fight to get you the maximum compensation possible based on the extent of your economic and noneconomic damages.
New Rochelle Wrongful Death Lawyer Near Me 877-751-9800
Wrongful Death Cases Our Lawyers Take On
How your loved one’s accident occurred is important in determining who is at fault, how much your claim is worth, and if it qualifies as a wrongful death. We take on wrongful death cases pertaining to numerous situations, including:
- Car accidents
- Workplace accidents
- Premises liability
- Product liability
- Medical malpractice
- Bicycle and pedestrian accidents
- Dog bites/animal attacks
Regardless of how complex your case is, an experienced personal injury law firm should have the staff and resources necessary to manage your case and guide you through the litigation process. With a legal team on your side, you may have the leverage you need to win your case and recover your damages.
How an Attorney Can Prove Liability in Your Wrongful Death Case
To win your case, attorneys must prove that the other party was responsible for your damages. They can investigate your case to explore evidence of fault and liability such as:
Police/Accident Report
The police that arrived at the scene will often fill out an accident report, detailing how the accident occurred, the extent of the injuries, and who is responsible. The police report can be a vital piece of evidence that verifies your claim.
Medical Records
Although medical records do not prove who is at fault for your injuries, they can prove the correlations between your injuries and the accident. Furthermore, they can be used to demonstrate that the other party’s negligence is what ultimately led to your injuries.
Photo/Video Footage
There are more cameras placed along New York roads and highways than ever before. This makes it easier to catch an accident. A wrongful death lawyer in New Rochelle may be able to find photos or camera footage of the accident to determine how it occurred.
Eyewitness Statements and Expert Testimony
Getting testimony from eyewitnesses can be an effective way to prove your case. In addition, your lawyer may hire medical experts, accident reconstruction experts, or other experts who can testify on your behalf.
The more evidence your New Rochelle wrongful death attorney has to support your claim, the greater your chances are of getting the compensation you deserve.
Statute of Limitations for Wrongful Death Cases in New York
According to the New York Statute of Limitations, your family has two years to file a wrongful death lawsuit against the at-fault party or their insurance company. The clock starts ticking the day of your loved one’s death.
If you fail to file a lawsuit within the statute, your family may no longer be eligible to pursue compensation for your damages. Your lawyer can help you file a claim to ensure that you meet the deadline.
Who Can File a Wrongful Death Claim in New York?
Wrongful death claims in the state of New York can be filed by the following family members of deceased, including:
- The spouse and/or children of the deceased
- The mother and/or father of the deceased if there is no surviving spouse or children
- A brother and/or sister of the deceased if there is no surviving spouse, children, or parent
- A grandparent of the deceased if the deceased left no surviving spouse, child, parent, or sibling surviving
Family members who have lost a loved one unexpectedly due to another party’s negligence can turn to a wrongful death attorney for details on their legal rights to justice and compensation.
Evidence Required in a New Rochelle Wrongful Death Claim
Alongside your wrongful death attorney in New Rochelle, you will need to collect evidence that proves to the insurance company that:
- If they had lived, the negligent act would have entitled the victim to file a personal injury claim
- There are surviving distributees, children, or dependents of the victim
- Monetary damages were accumulated as a result of the victim’s death
Get Started With Your Wrongful Death Claim Today
Morelli Law Firm represents families of victims in wrongful death cases and can help you determine whether or not pursuing a wrongful death lawsuit is something to consider. We will work alongside you throughout the process, explaining your rights and managing your claim.
Don’t go through it alone. Call a New Rochelle wrongful death lawyer from our firm or fill out a case evaluation request form today for a free assessment. We will fight to protect your rights during this difficult time.