How Can a Lawyer Help with a Wrongful Death Claim in New York?
A wrongful death lawyer works to build a strong case that clearly demonstrates the defendant’s liability in causing the death of a family member. This process involves a thorough investigation into the accident, which includes the meticulous collection of evidence. Further, they have the experience and the resources to file a claim swiftly and efficiently, which helps prevent errors or delays.
A skilled wrongful death lawyer in New York City at Douglas & London can focus on the case so you can focus on healing. Following the untimely loss of a family member, our team can help you fight for the compensation you need to rebuild your life. Whether the responsible party is an individual, a large corporation, or even a government entity, our firm is prepared to stand with you and ensure justice is served.
What is a Wrongful Death Claim?
In New York, a wrongful death claim arises when someone dies due to the negligence of another party—such as a careless driver, healthcare provider, or a defective product manufacturer. It seeks to hold those responsible accountable for their actions.
To pursue such a claim effectively, you need to understand the elements for a wrongful death claim in New York, which include proving the death was caused by the defendant’s negligence and that the surviving family members have suffered damages as a result. In addition, be aware of the wrongful death statute of limitations in New York, which is generally two years from the date of the death.
Investigating the Wrongful Death
One of the primary roles of a wrongful death lawyer is to build a strong case that clearly demonstrates the defendant’s liability. This involves a thorough investigation and meticulous collection of evidence. Our attorneys are committed to uncovering every relevant detail, including accident and police reports, surveillance or traffic videos, medical records, and witness statements.
Depending on the specifics of the case, we may also work with experts such as forensic pathologists, accident reconstructionists, and medical specialists. They often provide critical insights and testimony that can unravel complex elements of the case.
Calculating Your Losses and Securing Compensation
A wrongful death lawyer will carefully evaluate all the damages and losses your family has sustained, from the immediate financial costs, e.g., burial and funeral arrangements, to the long-term effect on your life, such as calculating lost income and medical bills before your loved one’s passing. We also address the pain and suffering of the deceased before their death. Factors like the decedent’s age, life expectancy, and earnings are also considered when calculating damages.
By thoroughly evaluating all aspects of your loss, we strive to ensure that you receive fair and adequate compensation that addresses every dimension of your family’s suffering and future needs.
Negotiate A High Settlement or Take Your Case To Trial
Wrongful death attorneys know precisely how much your claim is worth and fight for fair compensation. Negotiating a settlement involves a strategic dialogue between your lawyer, the insurance company, or the defendant’s legal team. Insurance companies often prefer to settle out of court to avoid the unpredictability of a trial. However, their initial offers may be far lower than what you deserve.
A skilled wrongful death lawyer at our firm understands the tactics used by insurance companies to minimize payouts and will counter these with solid and fact-based arguments. By maintaining pressure and demonstrating a willingness to go to trial, your lawyer can often secure a fair settlement without a lengthy trial. However, if a settlement cannot be agreed on, taking the case to trial becomes necessary. We are prepared to advocate in court on your behalf.
Contact the Wrongful Death Attorneys at Douglas & London for a Free Consultation
It is imperative that you work with an attorney who has successfully litigated wrongful death cases in New York. Douglas & London has helped grieving families collect millions in restitution for the loss of their loved ones. Our services are offered on a contingency basis, meaning there are no attorney fees unless we win money damages in your case. If you have questions or are ready to take action, contact us today to schedule your free, confidential consultation.
