If you lost a loved one because of another party’s actions, you have rights as their surviving family member. If you are the estate administrator or executor, you can file a wrongful death lawsuit on behalf of the deceased’s dependents and other beneficiaries. These lawsuits can result in compensation for outstanding medical expenses, loss of household income, and pain and suffering – among other damages.
There is no average wrongful death settlement, so how much you and your family could recover depends on the case’s specific facts. Since accurately estimating pain and suffering after a death can be difficult, our attorneys offer to handle the wrongful death action for you.
Wrongful Death Damages You Could Recover
When our lawyers calculate wrongful death damages, we consider how the death affected your family financially and emotionally. For example, you could recover compensation for:
- Medical expenses: Your loved one may have incurred medical expenses to treat their injuries or illness before they passed away. Because your family is left to manage these expenses after the death, we could include these damages in the lawsuit.
- Burial and funeral expenses: The costs to lay your loved one to rest are often as overwhelming as they are unexpected. It is expensive to host a funeral, and your loved one’s life insurance – if they had any – may not cover it.
- Administrative expenses: Administrative expenses can include tax returns, execution of the will, and matters that you must handle before your family can move on after losing a loved one.
- Loss of household income: If your loved one provided financially for the household or supported any dependents, you can list this loss of income in your wrongful death case. This can include the wages your loved one missed while suffering from the injury or illness and any future income they would have earned if they had not passed away.
- Loss of guidance and support: This compensation addresses the loss of a parent. Your loved one may have left behind children who need their moral support and guidance.
- Loss of services: This type of compensation helps families move forward when they are missing a vital member of their household who once did so much.
- Loss of companionship: A surviving spouse could collect compensation for the loss of their relationship.
- Pain and suffering: Some states allow surviving family members to collect compensation for the pain and suffering this loss causes.
When you hire our firm, we must identify and calculate each of the damages in your wrongful death case. Some require us to examine receipts, invoices, paychecks, and other financial documents. With non-monetary damages like pain and suffering, we must assign value based on industry practices.
We Must Take Care When Calculating Case Value
Rather than estimating an average wrongful death settlement, our attorneys fight to ensure that each client seeks all the compensation that may be recoverable in their case. First, we listen to how the loss has affected your family and examine these damages. Then, we take time to evaluate each damage before assigning value to it.
Our team will never assign an arbitrary number to your family’s pain and suffering. We take holding the liable party accountable for their actions seriously and will build a case that accurately reflects your damages.
Who Can File a Wrongful Death Case?
While it is traumatic for friends and family members to lose a loved one, only specific individuals have the legal right to file a wrongful death claim. In general, those who can sue for damages after a loved one’s unexpected passing include:
- Direct family members, including a spouse, children, parents, or siblings
- An estate that is dispersing funds or property to others according to a last will and testament
If you are unsure if you can file suit, our team is ready to review your case for free and explain your legal options. Ultimately, your case cannot move forward unless qualifying people are seeking damages.
How Long You Have to Seek Wrongful Death Damages
Note that each state sets a time limit for filing a wrongful death lawsuit. Some states outline as little as one year, while others give you up to three. Identifying the correct deadline early on in your case is critical, as it determines how long you have to build a case against the liable party. When you choose our team, we will use the time available to construct a solid case and file before you lose the right to do so.
What a Wrongful Death Attorney Can do for Your Family
Hiring our personal injury firm can have several benefits for your case. For example, our team can explain how a wrongful death claim works and walk you through the process. While keeping you updated, we will handle each step for you, including:
- Collecting evidence against the liable party
- Assigning case value
- Submitting insurance and legal paperwork
- Initiating a lawsuit within the time limit
- Negotiating for a settlement
You will never have to face the legal process alone with our wrongful death attorneys by your side.
Reach Out for a Complimentary Consultation
Reach out to Morelli Law Firm for a free consultation regarding the loss of your loved one. We want to help you hold the liable party responsible for your family’s damages. Call 212-751-9800 to learn about your legal rights and determine how best to move forward.