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Losing a loved one because of someone else’s negligent actions is an unimaginable tragedy, and it’s natural for the survivors to demand justice. New York law allows the families of those who die because of the wrongdoing of others to seek monetary compensation for their loss. However, these cases involve complex rules and procedures, which makes it critical to work with an experienced and compassionate wrongful death attorney.
The Syracuse wrongful death lawyers at Carden Dotzler Hammond, PLLC firmly believe in advocating for families who have lost someone through another party’s negligent or intentional actions. Here we take a look at how to file a wrongful death lawsuit and what you need to know about these cases.
New York’s Definition of Wrongful Death
A wrongful death is any loss of human life that results from another party’s negligent acts or omissions. The primary question in a wrongful death claim is whether the victim died because someone else either intentionally harmed them or failed to take reasonable measures to prevent their death.
In many ways, wrongful death is like an extension of personal injury law that applies when the victim dies from their injuries. Deaths from car accidents are common examples of wrongful deaths in New York. If someone dies because a distracted driver hit them, for instance, the distracted driver might be liable for the victim’s death.
New York Wrongful Death Claim Process
Seeking compensation after a wrongful death is a challenging process, made all the more difficult due to the grief and sudden financial impact of losing a loved one. It is important that you work with a seasoned Syracuse wrongful death attorney to ensure that you take the proper steps to file and pursue a strong claim. Those steps include:
Determine eligibility
Under New York law, the personal representative of the deceased victim’s estate is the only individual allowed to file the lawsuit. This may be a family member such as a child, parent, or spouse, or someone named in the deceased’s will. Speak with a knowledgeable Syracuse personal injury lawyer to determine if you meet the criteria to file.
Gather evidence
The plaintiff in a wrongful death lawsuit has the burden of proof, which means that having compelling evidence is crucial. You and your attorney must gather any documents or information that shows how the death happened and why it points to negligence on the part of the at-fault individual or entity. After your lawsuit is filed, you can use a formal process known as discovery to request relevant evidence from parties who are in possession of it.
Speak to witnesses
In many cases, there are witnesses who observed the events that led to the victim’s demise. These individuals, especially when they are third parties who are unrelated to the victim or the family, play an important role in the process by corroborating the claims made in the lawsuit. They may testify in court or at a deposition regarding the details of what happened.
File and serve the lawsuit
With the lawyer’s help, the personal representative needs to file the lawsuit, which starts the official legal process. Filing a lawsuit involves preparing legal documents that explain what happened and what compensation you’re asking for. The plaintiff must file the complaint and then serve it on the defendant in accordance with what are known as the rules of civil procedure.
Retain expert witnesses
Depending on the facts of your case, you may need expert witness testimony to explain complex subjects to the jury. Expert witnesses are individuals with highly specialized knowledge about topics that most lay persons don’t understand. We have a reliable network of expert witnesses who can provide valuable testimony in a wrongful death lawsuit.
Prove the required elements of your case
Remember, the burden of proof rests with you as the plaintiff. During the lawsuit, you must show how your family member’s death resulted from someone else’s negligent actions or failure to act. Your lawyer can help present evidence, argue the case, and refute the defendant’s defenses and counterarguments.
Settlement or trial
Many Syracuse wrongful death lawsuits settle out of court, saving the deceased victim’s family not only time and money but also the stress and heartache of a public trial. We will make every effort to settle your case for a fair sum of money that compensates you for your losses. If we are not able to do so, then we will take your case to trial and demand the maximum damages allowed by law.
Who Can Recover Compensation in a New York Wrongful Death Claim?
Any compensation that is won or settled in a wrongful death lawsuit is awarded to the deceased victim’s heirs. The order of awarding compensation goes as follows:
- If the deceased has a surviving spouse and surviving children, they recover compensation
- If the deceased has a surviving spouse but no surviving children, the spouse recovers compensation
- If the deceased has surviving children but no surviving spouse, the children collect the compensation
- If there is no surviving spouse and no surviving children, the deceased’s parents recover compensation
- If there is no surviving spouse and no surviving children or parents, the deceased’s living siblings collect compensation
- If no surviving spouse, children, parents, or siblings exist, the deceased’s grandparents may collect compensation
Potential Compensation in a New York Wrongful Death Case
Every wrongful death case is different in terms of the nature and amount of available compensation, known as damages. In most cases, however, plaintiffs can ask for money to cover:
- Funeral and burial expenses
- The deceased’s medical and healthcare expenses
- Lost wages and income
- Lost inheritance
- The deceased’s pain and suffering
- Loss of support and services
- Loss of parental nurturance, guidance, and education
- Loss of companionship
Compassionate Legal Representation Your Family Deserves
Wrongful death lawsuits are among the most emotional personal injury cases that exist, which is why you need professional, compassionate legal counsel to serve you. But you should not delay, because in most cases a plaintiff will have only two years from the date of the deceased victim’s death to file a lawsuit. Get started today by contacting CDH Law to schedule your initial consultation.