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Wrongful Death Lawsuits and How a Wrongful Death Lawyer Can Help

When a person dies due to someone else’s reckless or negligent conduct, surviving family members may file a wrongful death lawsuit. A successful wrongful death claim can help ease the financial burden placed on survivors and offer some form of justice. A significant settlement can also send a strong message to the at-fault parties, potentially spurring changes in behavior that could prevent similar tragedies in the future.

In some cases, a wrongful death settlement will take years to complete as the case requires time for careful investigation and gathering evidence. During that time, the victim’s family is grieving and struggling to come to terms with their loss. This can make it difficult to concentrate on the case and work through the complex legal matters involved.

A wrongful death lawyer will be able to manage the legal aspects of the case and ensure that the family’s rights are protected. They will also be able to negotiate with the insurance company and ensure that the maximum amount of compensation is recovered.

Wrongful death claims are often complex because they require the involvement of a number of experts to prove how a person’s death was due to another party’s negligence. For example, an accident investigator will need to examine the scene of the crash, interview witnesses, and review medical records in order to establish the cause of a fatal injury. Then, a physician or a life care planner will need to explain how the death was caused by a specific medical condition or the manner in which the person died.

A skilled wrongful death lawyer will understand how to gather and analyze the evidence and use it to build a strong case for their client. They will be able to negotiate with the insurance company to secure a reasonable settlement amount and may decide to go to trial if they are unable to settle the matter. It can be a challenging and time-consuming process, but it is important for families to seek justice and receive the compensation they deserve.

The wrongful death laws in New York state assign the responsibility for filing a wrongful death suit to the decedent’s personal representative, who is named in their will or estate plan. The personal representative can recover both economic and non-economic damages. Economic damages include funeral expenses, lost income, and medical bills, while non-economic damages can include pain and suffering and other mental anguish.

In addition, a family member can pursue punitive damages against the responsible party if their attorney can demonstrate that their loved one’s death was egregious or malicious. While no amount of money can bring back a deceased loved one, a wrongful death settlement can help ease the financial burden and provide closure for the family.

At Williams, Walsh & O’Connor, we understand the impact that losing a family member can have on a person and their families. We have helped many families recover fair and just compensation for their losses. If you have questions about a possible wrongful death suit, contact us for a free consultation.