The death of a loved one is undoubtedly one of the most painful experiences in life, and it can be even more heart-wrenching if the passing on resulted from another person’s action, misconduct, or negligence.
In these challenging moments, it’s paramount to seek justice for the deceased and ensure those responsible are held accountable. To support you during this time, Leav & Steinberg LLP’s wrongful death attorneys in NYC are here to represent you and help you recover.
Here are important steps for seeking justice for your loved one following a wrongful death incident.
What Is Wrongful Death in New York?
Wrongful death occurs when a person dies because of a willful, wrongful, or negligent act by another person, company, or entity. A wide range of scenarios can result in wrongful death, including:
- Car accidents
- Intentional attacks
- Defective products
- Medical malpractice
- Workplace accidents
- Police misconduct
- Exposure to hazardous conditions
Even though the unlawful killing of an individual may include criminal prosecution, a wrongful death case in New York is a civil lawsuit for monetary damages suffered after losing a loved one.
Beneficiaries, including the decedent’s parents, partner, children, and other financially dependent people, can file a wrongful death lawsuit against the responsible individual or company. A personal representative of the departed person can also file a wrongful death suit on behalf of specific beneficiaries.
Critical Steps for Seeking Justice for Your Loved One
Consult a wrongful death attorney
If you suspect someone else’s action or negligence caused your loved one’s passing, the first thing you should do is consult a wrong death attorney in NYC for legal assistance.
During the initial consultation, be sure to provide an in-depth account of the incidents leading to the wrongful death and raise any questions or concerns you have regarding the case. Notify the attorney of any previous legal actions linked to the case and share your goals and expectations.
Your wrongful death attorney will evaluate the case to determine if you have a valid claim. They will also explain your rights and actions under New York laws and stipulate what to expect moving forward.
Gather substantial evidence
For a wrongful death case to be valid in New York, the law requires the plaintiff to prove that the culprit’s action, or lack of, directly resulted in a loved one’s demise.
Work together with your attorney to collect pertinent evidence associated with the wrongful death to establish liability. You can obtain police documentation, medical documentation, autopsy reports, or witness statements providing comprehensive insight into the incident, depending on how the death occurred.
Properly document all the collected pieces of evidence or maintain them in their original form to preserve their integrity for legal proceedings. Collaborating with your wrongful death attorney in NYC will streamline the process and increase the likelihood of collecting relevant evidence.
Evaluate the extent of damage
Apart from gathering evidence, assessing the damages attributed to the wrongful death is critical.
These damages can be financial, including medical expenses, burial costs, and lost income or financial support. Non-economic damages like pain, suffering, emotional distress, and consortium loss can also be considered. This is in addition to punitive damage, mainly if the defendant engaged in advertent wrongdoing.
Carefully evaluating your case is essential since damages often vary based on various factors, such as the age and health of the deceased person, your relationship to the plaintiff, death circumstances, and jurisdiction. Taking these factors into account will help you determine the actual extent of damages caused by the wrongful death for appropriate compensation.
File a wrongful death lawsuit
If the investigations reveal evidence of wrongful action or negligence as the cause of death, your wrongful death attorney in New York will file a lawsuit. This will start the formal process of pursuing justice for your loved one through the judicial system.
In New York, the statute of limitations for wrongful deaths requires beneficiaries to file a claim within two years of the date of the deceased’s death. Nevertheless, the time limit may be extended if the cause of death is not immediately discoverable. The statute of limitations for deaths resulting from medical malpractice is two years and six months, although the time may vary from one case to another.
Ensure you don’t wait too long to take action because your right to file a wrongful death claim will be barred if the statutes of limitations expire.
Negotiation and settlement
In some cases, the plaintiff and defendant can agree to negotiate and settle a wrongful death case out of court.
The structured process starts with your wrongful death attorney sending a demand letter to the defendant. This letter specifies the legal basis of the wrongful death, the losses suffered, and a demand for a specific amount of compensation.
Upon receiving the letter, the defendant — through their legal representative or insurance company — can accept the demand or respond with a counteroffer. The offer and counteroffer negotiations may go back and forth until all parties involved in the case reach an agreement. You will sign a settlement agreement indicating you’ve decided to settle and close the case.
Court trial
If you and the defendant can’t reach a settlement agreement, the case will have to proceed to trial before a judge or jury.
During the trial, your wrong death lawyer will present relevant evidence and make convincing arguments to support your lawsuit. They will also cross-examine witnesses to find inaccuracies in their statements, further strengthening your case. Expert witnesses, such as forensic pathologists and accident reconstruction specialists, may be involved to provide unbiased opinions about the matter. Once the case has been fully submitted, the judge or jury will take some time to make a final decision.
The trial duration for a wrongful death case can take days to years, based on several factors, including:
- Number of witnesses
- Case complexity
- Judicial process
- Post-trial appeals
- Unforeseen delays
Resolution and closure
If the lawsuit is successful, the judge or jury will deliver a verdict for compensation.
Although a wrongful death claim can’t bring your loved one back to life or hold the perpetrator criminally liable, it’s an excellent way for you to seek justice amidst grieving. You will not only have satisfaction knowing the individual or company that caused the wrongful death was held accountable but also receive compensation for damages after the lawsuit.
The monetary compensation can also help recover the economic losses you suffered as a result of the wrongful death.
If your loved one passed on because of wrongful action or negligence by an individual or company, don’t hesitate to seek legal assistance from a wrongful death attorney in New York.
Talk With a Wrongful Death Attorney in NYC Today
The dedicated attorneys at Leav & Steinberg LLP are experts in wrongful death and can help you seek justice for the deceased by getting a settlement or court verdict. We treat each case uniquely and provide specialized services to ensure you receive the compensation you deserve. Our attorneys are always accessible — we can even visit your home if you can’t travel to our office.Contact us today to schedule your free consultation and start discussing your case.
