When a loved one dies as a result of the negligence or wrongful act of another, the surviving family members may be able to file a wrongful death lawsuit. Wrongful death lawsuits are intended to compensate the family for financial losses, emotional suffering, and mental anguish. It is critical to understand what a wrongful death lawsuit is and how to file one.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action brought by the surviving family members of an individual who died as a result of the negligence or wrongful act of another person or entity. Surviving family members may include the deceased’s spouse, children, parents, or other relatives who relied on the deceased financially. The decedent’s estate may also file a wrongful death suit in some states.
A wrongful death lawsuit seeks compensation from the person or entity who caused the death. Economic damages, such as burial expenses, medical expenses, and lost wages, as well as noneconomic damages, such as pain and suffering, may be sought in a wrongful death lawsuit.
Overview of Wrongful Death Lawsuits
Wrongful death lawsuits are civil actions brought by surviving family members to seek compensation for their loved one’s wrongful death. The damages sought in a wrongful death suit differ from those sought in a criminal trial because the purpose of a wrongful death suit is to compensate the family for economic and noneconomic losses. As a result, wrongful death lawsuits can be filed in addition to any criminal charges filed against the responsible party.
The laws governing wrongful death are governed by the state, with some variations between states. In general, wrongful death laws require the plaintiff (the party bringing the lawsuit) to demonstrate that the defendant (the party being sued) was negligent or acted wrongfully.
Elements of a Wrongful Death Lawsuit
To bring a successful wrongful death lawsuit, the plaintiff must prove the following elements:
- The death of a person.
- The deceased’s death was a result of another person’s wrongful act or negligence.
- The plaintiff is a surviving family member of the deceased.
- The plaintiff suffered financial losses as a result of the death.
If the plaintiff can prove all of these elements, the defendant may be held liable for the wrongful death.
Types of Wrongful Death Lawsuits
There are many types of wrongful death suits, and each type depends on the circumstances surrounding the death. Below are some common types of wrongful death cases:
- Medical malpractice: This type of wrongful death suit is brought against a doctor or other medical professional who was negligent in their treatment of the deceased.
- Car accidents: This type of wrongful death lawsuit is brought against a driver or other party who was responsible for the car accident that caused the death.
- Product liability: This type of wrongful death suit is brought against the manufacturer or seller of a defective product that caused the death.
- Premises liability: This type of wrongful death suit is brought against a property owner or occupier whose negligence or wrongful act caused the death.
- Intentional Killing -A wrongful death case can also be established when one person intentionally kills another. While the defendant is facing criminal charges in connection with the decedent’s death, the decedent’s estate and family may decide to file a civil wrongful death suit against the offender. In this type of case, the wrongful death case is handled civilly, while the murder case is handled criminally.
Other types are deaths resulting from fatal falls, poisoning, suffocation, plane crashes, drowning, fire accidents, industrial deaths, and firearms-related accidents.
Understanding Wrongful Death Claims
To comprehend wrongful death claims, it is necessary to distinguish between a wrongful death claim and a wrongful death action.
A wrongful death claim is a demand for restitution on behalf of the deceased’s surviving family members.
A wrongful death action is a civil case filed by surviving family members seeking restitution for their losses.
It is also critical to understand that wrongful death claims and actions are not the same as criminal cases. In a criminal case, the defendant may be found guilty of causing the death and sentenced to prison or other criminal penalties if found guilty. In a wrongful death claim or action, the defendant may be found liable for the damages suffered by the surviving family members and ordered to pay monetary compensation.
How to File a Wrongful Death Claim
The surviving family members must first hire a wrongful death attorney before filing a wrongful death claim. The lawyer will go over the facts of the case to see if the surviving family members have a valid claim. If the lawyer determines that the surviving family members have a valid claim, a wrongful death action will be filed in court.
The surviving family members will then be represented in court by the wrongful death attorney. The lawyer will work to establish the elements of the wrongful death claim and will argue for the highest possible amount of compensation. To reach a settlement agreement, the lawyer may also negotiate with the defendant’s insurance company or attorneys.
What Are the Claimable Damages in a Wrongful Death Lawsuit?
The damages that can be claimed in a wrongful death lawsuit depend on the facts of the case and the state laws. Generally, the damages that can be claimed include:
- Economic losses, such as medical expenses, lost wages, and funeral expenses.
- Noneconomic damages, such as pain, suffering, and lost companionship.
- Punitive damages are also available in some states. Punitive damages are meant to punish the defendant and deter them from engaging in similar conduct in the future.
Statute of Limitations for Wrongful Death Lawsuits
It is important to note that each state has different wrongful death statutes. This means that surviving family members must file a wrongful death lawsuit within a certain time after their loved one’s death. If the wrongful death lawsuit is not filed within the statute of limitations, the surviving family members may be barred from recovering any compensation.
Wrongful Death Lawsuit FAQs
Q – What is the difference between a wrongful death claim and a wrongful death action?
A – A wrongful death claim is a demand for restitution on behalf of the deceased’s surviving family members. A wrongful death action is a civil lawsuit filed by surviving family members to seek restitution for their losses.
Q – Who can file a wrongful death case?
A – In most states, the deceased’s surviving family members can file a wrongful death lawsuit. This includes the deceased’s spouse, children, parents, or other relatives who relied on him or her financially. In some states, the estate of the deceased may also file a wrongful death claim.
Q – What damages can be recovered in a wrongful death lawsuit?
A – The amount of damages that can be recovered in a wrongful death lawsuit is determined by the facts of the case as well as state laws. Economic losses, such as medical expenses, funeral expenses, and lost wages, as well as non-economic losses, such as pain and suffering, can generally be recovered. In some states, punitive damages can also be sought.
Q – What is the acceptable duration for filing a wrongful death lawsuit?
A – For wrongful death lawsuits, each state has a statute of limitations. This means that surviving family members must file a wrongful death lawsuit within a certain time after their loved one’s death. If the wrongful death lawsuit is not filed within the statute of limitations, the surviving family members may be barred from recovering any compensation.
Why You Should Seek Legal Action After a Wrongful Death
When a loved one dies as a result of someone else’s carelessness or recklessness, the family may be able to seek legal redress. A wrongful death lawsuit allows families to seek restitution for the pain and suffering caused by premature death. Families can sue the responsible parties in a wrongful death lawsuit to hold them accountable for their actions. This can provide a sense of closure, as well as financial compensation to help with funeral expenses.
If you have lost a loved one as a result of someone else’s negligence or recklessness, it is critical that you seek legal counsel. A wrongful death lawyer can help you understand your rights and guide you through the legal process. They can be of invaluable assistance in determining how to proceed and what to expect throughout the process. A lawyer can also ensure that you receive the compensation you deserve when negotiating with insurance companies.
No amount of money can replace a loved one, but getting the legal assistance you require can make the process go more smoothly. So, if you’re dealing with the aftermath of a wrongful death, don’t delay in contacting a lawyer.
How A Wrongful Death lawyer Attorney Can Benefit you.
If you have been wrongfully killed, you may be entitled to compensation. Hiring a wrongful death lawyer is the best way to ensure you get the justice you deserve.
1) A wrongful death lawyer can help you understand your rights and help you determine if you have a case.
2) They can also assist you in filing a wrongful death claim and gathering evidence to prove your case. Furthermore, a wrongful death attorney can negotiate with insurance companies and other parties to obtain the best possible outcome for you.
3) They understand the law and have dealt with wrongful death cases, so they can give you the best advice and assist you in navigating complex legal procedures.
4) A wrongful death attorney will assist you in obtaining the justice you deserve and ensuring that those responsible are held accountable.
Need A Competent Attorney To Help You File For a Wrongful Death Lawsuit? Call Gregory Spektor and Associates Today
If you or a loved one has suffered the wrongful death of a family member as a result of the negligence or wrongful act of another person or entity, contact Gregory Spektor and Associates in Queens, New York. Our wrongful death attorneys can help you understand your legal options and ensure that you receive the compensation you deserve.
Gregory Spektor and Associates is a professional law firm in New York’s Queens neighborhood. We are personal injury attorneys who specialize in evaluating wrongful death cases. Our attorneys care about and understand the emotional trauma that a family experiences when a loved one is killed due to the negligence of others. As a result, we make certain that you reap the full benefits of hiring a professional lawyer to handle your wrongful death claims.
Our wrongful death lawyers will guide you through the complicated legal processes required to prove wrongful death cases. These procedures are typically time-consuming for a deceased person’s family to complete.
Gregory Spektor and Associates’ attorneys are very sympathetic to the deceased’s family. They are always dedicated to winning their cases and receiving full compensation for all of their losses and economic damages, such as lost wages, burial expenses, and medical expenses. We will be there for you and support you in any way we can as you mourn the loss of a loved one.
We handle all of the paperwork associated with the filing of injury and wrongful death cases. We meticulously prepare all of the evidence and witnesses needed to win your case.
Working with Gregory Spektor and Associates lawyers gives you peace of mind because there are no legal fees for the initial consultation and advice.
Call us today at (888) 797-7735 and book an appointment.
You can also email us at [email protected], and we will respond promptly to all your inquiries.
Alternatively, you can visit us at our office at 1 Cross Island Plaza, Suite 203C, Queens, NY 11422.
