Despite strict safety standards, unsafe consumer products continue to get bought and sold on the market. Each year, these defective and destructive products cost the US economy a whopping $1 trillion in economic losses, but that’s not all. They also cost lives. If your loved one’s death was someone else’s fault, then it’s time to seek out a New York wrongful death lawyer to help.
Are you unclear on whether your loved one’s passing amounts to a wrongful death claim? Are you not even sure if it’s worth it to pursue a claim or how to get started?
Here at the Platta Law Firm, we understand how emotionally trying it is to lose a loved one. We also understand how frustrating and confusing it can be to suffer a loss that was someone else’s fault. Don’t direct your anger towards the other party, though. Let our wrongful death attorneys help seek justice for you and your loved one in court.
Learn everything you need to know about wrongful death claims, how to find a good attorney, and what to expect with a claim below.
Before you even think about filing a wrongful death claim, you need to understand what it is and what it isn’t. Not every death has the elements of a wrongful death claim, so you might not be eligible to seek out a claim in every circumstance. Let’s break down exactly what constitutes a wrongful death by law.
A wrongful death happens when one party’s reckless or negligent actions directly cause the death of another. There are four specific elements of a wrongful death case including:
If your situation is missing any of these elements, then it won’t amount to a wrongful death claim in court. In a wrongful death claim, the burden of proving the above elements rests on your shoulders. It’s unreasonable, though, to expect you to deal with collecting evidence and proving each element while you’re also attempting to grieve! That’s where a quality New York wrongful death lawyer should come to the rescue and take care of the legal aspects of filing your claim for you.
So, how can you prove the above elements of your wrongful death claim? First, you need to prove that the other party had a legal duty to provide for your loved one’s care. Often, this is one of the easiest elements to prove. That’s because most individuals (and especially professionals) have a legal duty to take reasonable steps to ensure the safety of their fellow peers. This legal duty applies to medical professionals, drivers on the road, dentists, property owners, business owners, employees, product manufacturers and even the government.
Next, you’ll need to prove that the other party breached their duty to care for your loved one’s safety. Often, that means the other party must have either known or reasonably known about the dangerous condition that harmed your loved one. If the hazardous condition was unforeseen and unexpected, it will be difficult to prove the other party breached their duty of care. A good New York wrongful death lawyer can help you determine whether negligence was a factor in your loved one’s death. Often, this will be the deciding factor on whether or not you should pursue a wrongful death claim.
Next, you must prove that the breach of duty caused your loved one’s death. To prove this element, you need to show how the other party’s negligence resulted in your loved one’s accident, injury, or illness. This usually gets proven through incident reports, a medical diagnosis, video surveillance, photographs, and witness statements.
Finally, you’ll need to prove the damages that resulted from the wrongful death of your loved one. On top of your emotional distress, there are plenty of other financial losses you’ll endure, too. The point of seeking out a wrongful death claim is to get reimbursed for these losses. You can prove your losses in the form of bills, receipts, and other documents. We’ll go into more detail about the losses associated with a wrongful death case below.
Do you think your situation fits one of the types of wrongful death cases above? Do you feel like your situation has the elements of a wrongful death claim, and are your losses starting to stack up? If so, then it’s in your best interests to seek out a wrongful death claim.
If you don’t seek out a claim, then you’ll end up needing to bear the brunt of the financial losses associated with your loved one’s passing. Funeral costs alone are very expensive, but you may also have to contend with medical bills from before your loved one’s passing, a loss of spousal support, and even debts your loved one left behind. Unless paying off those costs is not an issue for you, a wrongful death lawsuit might be necessary.
Check Out Our Results with Previous Cases
If you’ve decided to seek out a wrongful death claim, then you’re likely wondering whether hiring a lawyer is necessary. If you think you can navigate the ins and outs of a wrongful death lawsuit on your own, then you do not have to hire a lawyer.
That’s not what most people do, though.
After losing a loved one, fighting your case in court is probably the last thing on your mind. You need time, space, and a lot of support while you go through your grieving. It won’t help you in the long run to get consumed in a time-consuming court case that brings up details about your loved one that you haven’t quite accepted, yet. Saving yourself the emotional trauma of going through the details of your loved one’s case is the number one way a quality New York wrongful death lawyer can help you.
On top of that, a lawyer gives you a competitive advantage in court. Good lawyers know how to collect evidence, hire the right expert witnesses, and do everything they can to prove your losses. They’ll also help ensure that you don’t accept an unfair settlement. The right New York wrongful death lawyer will make sure that the compensation you accept covers all your losses.
Are you too concerned about the costs of hiring a wrongful death attorney to consider your options? If so, then you’ll be interested to learn that most wrongful death lawyers work on a contingency fee basis. That means you won’t have to pay your lawyer up front. Instead, they’ll only get paid if you win your case!
In general, you only have a limited amount of time to pursue a wrongful death claim in New York. In most situations, that time limit is two years from the date of your loved one’s passing. If you wait longer than two years to initiate a claim, then you’ll no longer be eligible to seek out a lawsuit. Instead, your claim will get immediately denied. If you have questions about the time limit to file a claim in your case, then it’s advised you reach out to a New York wrongful death lawyer with your concerns.
Are you convinced that hiring a New York wrongful death lawyer is crucial to your claim’s success? If so, then your next question will likely be – how do I find the best wrongful death attorney in New York?
The best lawyer for your case will have experience with similar cases, and they’ll be in your local area. They should also have time to take on your case, and they need to be affordable, too. Above all, you need to feel comfortable communicating with your attorney. Always be sure to have a consultation with your lawyer before hiring them. That way, you can determine whether you’ll work well together or not.
Check Out Our Results with Previous Cases
If your loved one passed away due to the negligence of someone else, then you might have the right to pursue a wrongful death claim in court. Doing so will help you recover losses in the form of medical bills, funeral expenses, pain and suffering, and even a loss of spousal support. You and your loved one deserve justice, so don’t hesitate to explore your legal options after the unthinkable happens.
Are you hoping to find a New York wrongful death lawyer that you can rely on during this time of need? If so, then our office is prepared to help you every step of the way. If you’re ready to get in touch with us, then leave your contact information on our online form. We’ll reach out to you about your situation, and we’ll help you start to move forward during this trying time.
42 Broadway Suite 1927
New York, NY 10004
Tel: (212) 514-5100
Fax: (212) 514-9300