Losing a loved one is one of the most painful experiences a person can endure, and it becomes even more difficult when that loss happens because of someone else’s negligence. When a family member dies in a preventable accident or due to someone’s careless actions, the emotional weight can be overwhelming. On top of dealing with the grief, there is the challenge of handling legal matters. If you’re considering filing a wrongful death claim in New York, having an attorney by your side can be crucial. They can help guide you through the complex legal process and ensure that justice is served for your loved one. At, Andrews, Bernstein & Maranto, PLLC , we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding What a Wrongful Death Claim Is
In New York, a wrongful death claim can be filed when someone dies as a result of another party’s wrongful act or negligence. This means that the death could have been avoided if the responsible party had acted differently. Common cases of wrongful death include car accidents, medical malpractice, workplace accidents, or even criminal acts. These types of claims allow surviving family members to seek compensation for the financial and emotional damages caused by the loss. The purpose is not only to ease the financial burden but also to hold the responsible party accountable for their actions.
The laws surrounding wrongful death in New York can be complicated, and understanding them fully can be difficult without legal help. For example, not just anyone can file a wrongful death claim. In New York, only the personal representative of the deceased person’s estate can bring the lawsuit. This representative may be a family member, but it could also be someone the deceased appointed before passing away. An attorney can help make sure the right person is representing the estate and ensure all the necessary steps are followed.
The Importance of Proving Negligence in Wrongful Death Cases
One of the key elements in a wrongful death case is proving that the death was caused by someone else’s negligence. This means that the other party acted in a way that was careless or reckless and that their actions directly led to the death. For example, if a person dies in a car accident caused by a drunk driver, the driver’s negligent behavior caused the accident, and they can be held liable for the death. However, proving negligence can be a complex process that requires gathering evidence and presenting it in a clear and convincing way.
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An attorney can play a vital role in this aspect of the case. They can investigate the details surrounding the death, collect evidence, and consult with professionals who can testify about what happened. Without this level of legal help, it can be difficult to meet the burden of proof required in wrongful death cases. Additionally, the defendant may try to argue that the death was caused by something other than their actions, and without strong legal representation, it could be challenging to counter these claims.
Calculating the Damages in a Wrongful Death Case
Another reason why having an attorney is so important in a wrongful death case is the complexity of calculating damages. When a person dies due to someone else’s actions, their family can seek compensation for both financial and emotional losses. Financial damages include things like funeral costs, medical bills, and lost income if the deceased person was a breadwinner for their family. Emotional damages can include the pain and suffering experienced by the family members who have lost their loved one.
Determining the amount of compensation can be tricky. For example, how do you put a dollar value on the emotional pain of losing a spouse or a parent? Courts consider many factors when calculating damages in wrongful death cases, including the age and health of the deceased person, their future earning potential, and the emotional impact on their family members. An attorney can help ensure that all these factors are considered when calculating the compensation you are entitled to. Without legal representation, you may not receive the full amount you deserve.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.” - Jane D.
Meeting the Legal Deadlines in New York Wrongful Death Cases
In New York, wrongful death cases must be filed within a certain time frame, known as the statute of limitations. The law in New York allows only two years from the date of the person’s death to file a wrongful death lawsuit. This might seem like a long time, but the legal process can take months or even years, and there is a lot of preparation that needs to be done before filing a lawsuit. Missing this deadline means you lose the chance to seek compensation for your loss.
An attorney can ensure that all the legal deadlines are met and that your case is filed within the required time frame. They can also help with gathering evidence, building a case, and negotiating with the other party to try to reach a settlement. The legal process can be stressful and time-consuming, but having an attorney handle the legal aspects of your case allows you to focus on healing and moving forward after your loss.
The Role of an Attorney in Negotiating a Settlement
Many wrongful death cases are settled before they go to trial, which means that the two parties agree on a compensation amount without having to appear in court. However, negotiating a settlement can be difficult, especially if the other party is unwilling to accept responsibility for the death or tries to offer a low settlement amount. Insurance companies and defendants may try to minimize the amount they have to pay, and without legal help, you may end up receiving less than you deserve.
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An attorney can handle the negotiation process on your behalf. They have experience dealing with insurance companies and other attorneys and can push for a fair settlement. If the other party refuses to offer a reasonable amount, your attorney can prepare to take the case to trial. Knowing that you have strong legal representation can also make the other party more likely to agree to a fair settlement, as they may not want to risk going to court.
How a Wrongful Death Case Can Provide Justice for Your Loved One
While no amount of money can ever truly make up for the loss of a loved one, a wrongful death case can provide some measure of justice. It holds the responsible party accountable for their actions and sends a message that negligence will not be tolerated. For many families, seeking justice through a wrongful death case is about more than just financial compensation—it’s about honoring the memory of their loved one and ensuring that the same tragedy does not happen to someone else.
Filing a wrongful death lawsuit can also provide closure for families. Knowing that you have taken steps to hold the responsible party accountable can help with the healing process. While the legal process can be long and difficult, having an attorney to guide you through it can make a huge difference. They can provide you with the support and knowledge you need to make informed decisions and help you every step of the way.
Why Hiring an Attorney Is Essential in Wrongful Death Cases
Dealing with the aftermath of a wrongful death is incredibly difficult, and the legal process can add even more stress. However, having an attorney by your side can make this challenging time a little easier. They can help you navigate the complex legal system, gather the evidence needed to prove negligence, calculate the damages you are entitled to, and ensure that all legal deadlines are met. Without an attorney, you may struggle to handle the complexities of a wrongful death case and could miss out on the compensation and justice that your family deserves.
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Additionally, wrongful death cases often involve powerful defendants, such as large corporations or insurance companies, who have their own legal teams working to minimize their liability. Having your own attorney ensures that you are on equal footing and that your rights are protected. You should not have to face this legal battle alone, and an attorney can be your advocate throughout the entire process.
If you have lost a loved one due to someone else’s negligence, you do not have to go through this difficult time alone. The attorneys at Andrews, Bernstein & Maranto, PLLC understand the challenges you are facing and are here to help you seek justice for your loved one. They can guide you through every step of the legal process and fight to ensure that your family receives the compensation you deserve. Contact Andrews, Bernstein & Maranto, PLLC today to learn more about how they can assist you during this challenging time.