After a traffic accident, there are sometimes disputes between the parties “who should bear the responsibility of the accident”, “what degree of responsibility should be taken” and so on. If such a dispute occurs, the parties need to use evidence to prove the other party’s responsibility. In addition to the following disputes related to the amount of damage, car accident lawyers San Diego can also help customers with disputes over liability. In addition, the dash-cam, Drive Recorder may be very good evidence. Contact Brad Nakase if you need seo tips for attorneys.
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What is a wrongful death lawsuit claim? Death by negligence or wrongful death is a sudden, unexpected, and tremendously difficult loss. Adding to the emotional trauma is a financial burden. A wrongful death claim can raise enough money to cover expenses and try to compensate survivors for the loss of that loved one.
What is a Wrongful Death or Wrongful Death Claim
A wrongful death lawsuit is a lawsuit or civil action when the victim dies from the negligence of another in order to obtain compensation for damages. It is very similar to a criminal lawsuit but less strict regarding the standard of proof. (If you want to know more about this topic, read our article )
The New York State wrongful death or wrongful death statutes determine the times before these types of lawsuits can be initiated. As of today, in New York, this term is 2 years. A lawyer who specializes in wrongful death will help you navigate the law and defend your rights.
So the first step before filing a lawsuit against a person or company believed to be responsible for your loved one’s death is to choose a competent lawyer to handle the case, with whom you can have a solid working relationship.
Who Can Start a Malpractice Death Claim?
The wrongful death lawsuit is designed to provide compensation to family members who depend on the deceased for financial support. But in New York State, you must appoint a representative for the deceased’s assets to start the wrongful death lawsuit. Of course, a family member can be appointed representative.
Who Can Be Compensated for Someone’s Wrongful Death
In New York, only certain people have the right to be compensated for the loss of a loved one due to negligence or an intentional act. These are the people who have suffered a loss due to the wrongful death of the deceased.
What to Claim as Wrongful Death Damage in New York
Determining the value of a wrongful death claim is complicated. It involves evaluating the nature and extent of the injury that led to the person’s death, recoverable financial losses and determining the liability of those related to the situation. The court where the trial will take place and the person’s health and age also influence the compensation assessment of a wrongful death lawsuit.
In New York, these claims can cover the medical and funeral expenses, lost wages of the deceased, the value and the services that he provided to the survivors, interest generated by the compensation from the moment of death, among others. Depending on the circumstances, a punitive damages lawsuit may also be filed.
Since insurance companies have vast experience in evaluating wrongful death claims and will seek to obtain the lowest possible settlement, it is important to have an attorney experienced in fighting with insurers. In general, it is best to hire an attorney who regularly handles wrongful death claims and will be prepared to initiate litigation on your behalf if the insurance company is unwilling to resolve your claim for reasonable and fair value.
If you have suffered the loss of a loved one in a wrongful death case, we are very sorry for the loss you have suffered and which has led you to this part of our website. If you think we can help you and want to discuss your situation with a lawyer with extensive experience in these types of cases, call us to request your free consultation. Without any obligation.