When Can Personal Attorneys Help with Wrongful Death Claims?
A sense of injustice can make grieving for a loved one even more difficult if their death was the result of someone else's carelessness or wrongdoing. In these situations, family members and loved ones may choose to pursue a wrongful death claim to seek compensation and hold the responsible parties accountable. This is where the expertise of personal attorneys and personal injury lawyers near me becomes invaluable. These legal professionals play a crucial role in guiding families through the complexities of wrongful death claims, ensuring that their rights are protected, and that they receive the justice and compensation they deserve.
In this blog, we will explore when and how personal attorneys can help with wrongful death claims, the legal intricacies involved, and the types of compensation that may be available to surviving family members. We will also discuss the importance of hiring skilled personal injury lawyers, like those at Winkler Kurtz LLP—Long Island Lawyers, who specialize in wrongful death cases.
Understanding Wrongful Death Claims
What Constitutes Wrongful Death?
Wrongful death occurs when a person’s death is the result of another person or entity’s negligence, recklessness, or intentional actions. Unlike criminal cases, which are prosecuted by the state, wrongful death claims are civil lawsuits brought by the deceased person’s family or estate. The primary objective of a wrongful death claim is to obtain financial compensation for the family's loss.
Some common situations that may lead to a wrongful death claim include:
Car Accidents: Negligence by another driver, poor road conditions, or defective vehicle parts can all contribute to fatal accidents.
Medical Malpractice: When a healthcare provider fails to meet the standard of care, resulting in the patient’s death.
Workplace Accidents: Unsafe working conditions or employer negligence can lead to fatal injuries.
Defective Products: Manufacturers can be held liable if a defective product causes death.
Criminal Acts: Intentional harm, such as homicide, can also result in a wrongful death claim, separate from any criminal proceedings.
Who Can File a Wrongful Death Claim?
Close relatives of the deceased can file wrongful death claims in most states. This typically includes:
The spouse of the deceased
Children of the deceased
Parents of the deceased (in some cases)
The personal representative of the deceased’s estate
In some cases, more distant relatives, such as siblings or grandparents, may be eligible to file a wrongful death claim, depending on the specific laws of the state where the claim is filed. In New York, for example, the personal representative of the estate is the only party that can file a wrongful death claim, and they do so on behalf of the beneficiaries of the estate.
The Role of Personal Attorneys in Wrongful Death Claims
When a wrongful death occurs, personal attorneys play a crucial role in ensuring that the family members of the deceased receive fair compensation. These attorneys, particularly personal injury lawyers with experience in wrongful death cases, offer essential guidance and support throughout the entire legal process. Let’s break down how they assist during different stages of a wrongful death claim.
1. Assessing the Validity of the Claim
The first step in any wrongful death case is determining whether there are grounds for a claim. A personal attorney will carefully review the circumstances surrounding the death to assess if it was caused by negligence, recklessness, or intentional harm. This involves gathering evidence such as medical records, police reports, witness statements, and expert opinions.
In this phase, the lawyer will evaluate:
Causation: Was the defendant’s action or inaction directly responsible for the death?
Duty of Care: Did the defendant have a duty of care toward the deceased, and was this duty breached?
Damages: What financial losses has the family suffered as a result of the death, including medical expenses, funeral costs, lost income, and loss of companionship?
If the attorney determines that a wrongful death claim is valid, they will advise the family on the next steps and start preparing the necessary legal documents.
2. Filing the Wrongful Death Lawsuit
Once a wrongful death claim is deemed viable, the next step is filing the lawsuit. The personal injury lawyer will handle this process by drafting the legal complaint and filing it with the appropriate court. This complaint outlines the facts of the case, the legal basis for the claim, and the compensation being sought.
It is important to file the wrongful death claim within the statute of limitations, which varies by state. In New York, the statute of limitations for wrongful death claims is generally two years from the date of the deceased’s death. If the lawsuit is not filed within this time frame, the family may lose the right to seek compensation.
Personal attorneys ensure that all paperwork is completed accurately and on time, and they also make sure that the lawsuit is filed in the correct jurisdiction.
3. Gathering Evidence and Building a Strong Case
In any wrongful death claim, gathering and presenting compelling evidence is critical to proving the case. This is where the expertise of personal injury lawyers becomes invaluable. These attorneys work with investigators, medical experts, accident reconstruction specialists, and other professionals to build a strong case.
Some key types of evidence may include:
Medical Records: To demonstrate how the negligence or misconduct led to the death.
Accident Reports: In cases of car accidents or workplace fatalities, official reports can provide critical information.
Eyewitness Testimonies: Statements from witnesses who saw the incident or were aware of the circumstances leading up to it.
Expert Opinions: Medical experts, economists, and other professionals can provide testimony on the cause of death and the financial impact on the family.
An experienced personal attorney will know how to gather, organize, and present this evidence effectively to build the strongest possible case for the wrongful death claim.
4. Negotiating a Settlement
Many wrongful death claims are settled out of court, meaning that the parties reach an agreement on compensation without going to trial. Personal attorneys are skilled negotiators who can communicate with insurance companies and the defendant’s legal team to seek a fair settlement.
It’s common for insurance companies to offer a low initial settlement, hoping that grieving families will accept the offer to avoid the stress of litigation. However, personal injury lawyers know the true value of wrongful death claims and will negotiate aggressively on behalf of the family to ensure that they receive full and fair compensation.
During negotiations, the lawyer will consider various factors, such as:
The financial losses suffered by the family, including medical bills, funeral expenses, and lost wages.
The emotional pain and suffering caused by the loss of companionship, guidance, and emotional support.
Punitive damages in cases where the defendant’s actions were especially reckless or malicious.
If a fair settlement cannot be reached, the lawyer will advise the family on whether to proceed to trial.
5. Representing the Family in Court
If a wrongful death case goes to trial, having a skilled personal attorney is essential. The trial process involves presenting evidence, questioning witnesses, and making legal arguments before a judge and jury. Personal injury lawyers with trial experience are adept at courtroom strategy and can effectively advocate for the family.
During the trial, the lawyer will aim to prove that the defendant’s negligence or misconduct caused the wrongful death and that the family is entitled to compensation. This can be a complex process, as the defense may argue that the death was not the result of negligence or that the damages being sought are excessive.
A skilled personal attorney will prepare a compelling case, cross-examine witnesses, and make persuasive arguments to ensure that the family’s rights are upheld in court.
Types of Compensation Available in Wrongful Death Claims
One of the primary reasons families pursue wrongful death claims is to recover financial compensation for their loss. Personal injury lawyers can help families understand the types of damages they may be entitled to, which generally fall into two main categories: economic and non-economic damages.
Economic Damages
These damages are meant to compensate the family for the financial losses directly caused by the death. They can include:
Medical Expenses: Any medical costs incurred before the deceased’s death, such as hospital bills and emergency care.
Funeral and Burial Costs: The expenses associated with laying the deceased to rest.
Lost Wages and Benefits: The income the deceased would have earned if they had lived, including salary, bonuses, and pension benefits.
Loss of Services: Compensation for the value of household services the deceased provided, such as childcare or home maintenance.
Non-Economic Damages
These damages compensate for the emotional and psychological toll that the death has taken on the family. They can include:
Pain and Suffering: The emotional distress and anguish caused by the death.
Loss of Companionship: Compensation for the loss of love, support, and companionship that the deceased provided.
Loss of Parental Guidance: For minor children, compensation for the loss of parental care, guidance, and nurturing.
In some cases, punitive damages may also be awarded. These are intended to punish the defendant for particularly reckless or malicious behavior and to deter similar conduct in the future.
Why Hiring a Personal Attorney Is Crucial
Wrongful death cases are complex, emotionally charged, and legally challenging. For families grappling with the sudden and tragic loss of a loved one, navigating the legal process can feel overwhelming. This is why hiring a knowledgeable personal attorney or personal injury lawyer is critical.
Attorneys experienced in wrongful death claims, like those at Winkler Kurtz LLP—Long Island Lawyers, bring several advantages to the table:
Expertise in wrongful death law: They understand the legal standards required to prove negligence and can navigate the intricacies of state-specific laws.
Emotional support: A compassionate attorney can provide guidance and support, allowing families to focus on healing while their legal case is handled.
Maximizing compensation: An experienced lawyer knows how to evaluate the full value of a wrongful death claim, ensuring that families receive the compensation they deserve.
In summary, personal attorneys are instrumental in helping families pursue justice and compensation in wrongful death cases. From filing the initial claim to negotiating settlements and representing families in court, personal injury lawyers offer critical legal support during a time of immense emotional and financial difficulty.
If you are facing the tragic loss of a loved one due to someone else’s negligence, seeking legal counsel from an experienced wrongful death attorney is the first step toward achieving justice. Winkler Kurtz LLP—Long Island Lawyers has the expertise and compassion to guide you through this challenging time and ensure that your family’s rights are protected.
Why Choose Us?
At Winkler Kurtz LLP, we are committed to delivering personalized legal representation with a proven track record of success. With decades of experience in personal injury law, our dedicated team fights tirelessly to ensure that accident victims receive the compensation they deserve. We offer compassionate, client-focused service and tailored strategies and work on a contingency fee basis, meaning you don’t pay unless we win. Trust Winkler Kurtz LLP for professional, knowledgeable, and results-driven legal support. Let us be your advocates in seeking justice and securing your future.
Winkler Kurtz LLP—Long Island Lawyers
1201 NY-112, Port Jefferson Station, NY 11776, United States
631-928-8000
https://www.winklerkurtz.com/personal-injury-lawyer-long-island
