Duluth Wrongful Death Attorney can help families with funeral arrangements, settle remaining bills and financial affairs, and address other administrative matters. They can also help determine important deadlines, such as the statute of limitations for wrongful death claims (which in New York is two years).
They can also help ensure that families receive fair compensation, including damages for medical expenses, funeral costs, lost income, and emotional suffering.
To win a wrongful death lawsuit, you must prove that the responsible party breached their duty of care to your loved one. This means they failed to use the caution a reasonably prudent person would have under similar circumstances. This could mean, for example, that a driver didn’t keep an eye on the road and ran a red light, leading to a fatal crash. It could also mean that a doctor neglected to check for signs of underlying illness before prescribing medication or filling it or that a manufacturer produced a defective product.
A wrongful death attorney can help you build a strong case with evidence like witness statements, medical records, and physical evidence. They can also work to determine how the accident occurred and who is liable. They will also ensure that your claim complies with legal requirements and that all possible avenues of compensation are explored. They will be a steadfast ally, guiding you through the process, answering your questions, and assuaging your concerns.
Another important issue is causation or the direct link between the defendant’s actions and the victim’s death. To establish this, your attorney will present proof that the defendant’s breach of duty caused the victim’s death or significantly contributed to it. For example, your attorney may argue that a car accident could have been prevented if the driver had kept their eyes on the road and obeyed traffic laws or that the victim’s illness was directly linked to the medication a doctor gave them.
You may be able to collect both economic and noneconomic damages. The former can include the cost of medical care your family member received before their death, funeral and burial costs, lost income, and a loss of inheritance. The latter covers more intangible losses, such as the loss of companionship and guidance. In some cases, punitive damages may be awarded, which serve to punish the liable party for particularly egregious conduct and deter others from engaging in similar behavior.
The liable parties will likely try to blame your loved one’s death on other factors or even on their own negligence. They may argue that their own actions or inaction contributed to the accident, or that your loved one died from a preexisting condition. Your wrongful death attorney will counter these arguments with evidence from experts in the field and from witness testimony.
Gathering Evidence
Losing a loved one is difficult enough, but when that death was caused by someone else’s negligence or wrongdoing, the grief and pain can be especially intense. A wrongful death claim can provide the family members left behind with financial compensation, but a successful lawsuit requires strong evidence of causation and damages.
A wrongful death attorney will review the circumstances surrounding your loved one’s death and work to gather as much evidence as possible. This could include police reports, medical records, and eyewitness accounts. In some cases, your lawyer may be able to obtain footage from nearby surveillance cameras that may have recorded the collision or other events leading up to and immediately following the victim’s death.
Once your lawyer has gathered all relevant information, they will then begin the process of establishing how your loved one died. They will start by identifying what was known about the incident at the time and how it might have been prevented. For example, if your relative was killed in a car crash, your attorney will need to review the accident report and talk with any eyewitnesses who may have seen it occur. They will also want to obtain copies of the death certificate and, if available, the autopsy report.
As part of your case, your wrongful death lawyer will also seek to establish the defendant’s duty of care towards your loved one. They will then demonstrate how that duty was breached and that this breach directly caused your loved one’s death. Your lawyer will then need to prove your loved ones’ losses, which might include funeral expenses, loss of companionship, and household services. They might also pursue punitive damages, which are designed to punish the defendant and deter similar conduct in the future.
Pursuing a wrongful death lawsuit is often complex, lengthy and time-consuming. When you’re already struggling to cope with the death of a loved one, trying to understand your legal rights and file an effective claim can be overwhelming. That’s why it’s important to enlist the help of an experienced New York wrongful death attorney as soon as you can.
Negotiating a Settlement
While nothing can bring a deceased loved one back, a wrongful death claim can compensate family members for their loss. Your wrongful death attorney will work to get you a fair settlement, including compensation for medical expenses, funeral costs, lost income and other damages. Your lawyer may also seek punitive damages to punish the defendant for particularly egregious conduct and serve as a deterrent against future wrongdoing.
Wrongful death attorneys have experience negotiating with insurance companies, and they understand the strategies that can help you secure the highest possible settlement. They will carefully review counteroffers from the insurer and determine whether there is room for negotiation. They will take into account the strength of your case, the value of other available claims and other factors. Your attorney will work to build a demand package that highlights your strengths and demonstrates the justification for the requested compensation.
When it comes to determining the value of a wrongful death claim, no two cases are alike. Reliable data on wrongful death settlements isn’t readily available, and each situation has its own unique set of circumstances. Your wrongful death lawyer, with the help of experts, will identify your claim’s potential value and advise on whether any offer is reasonable.
Once the wrongful death lawsuit is settled, the at-fault party’s insurance company will send a check to your attorney. After they deduct their fees and other legal costs, your lawyer will then distribute the remaining funds to the heirs of the deceased person.
Wrongful death settlements are typically taxable, but they can be deducted from federal taxes if the surviving family members use them to pay for necessary expenses. A qualified injury attorney can explain the tax implications of a wrongful death settlement and help you navigate this process. Wrongful death lawyers are skilled negotiators and will fight tirelessly for your rights. They will be your advocate, preparing thoroughly for each phase of the litigation and ensuring that your rights are protected throughout the process. A reputable injury law firm will have an established network of trusted experts and a proven track record of success.
Trial
Losing a family member is never easy, but it can be even more challenging when that loss comes as a result of another person’s negligent or reckless actions. If your loved one’s death was caused by another party, that person may be liable to compensate you and your family for your losses. Our wrongful death attorneys can help you build a case to hold the at-fault parties accountable for your losses.
As with personal injury claims, the main element of a wrongful death lawsuit is demonstrating causation. Your attorney will work with experts like medical professionals and accident reconstruction specialists to provide authoritative insights into the incident’s specifics, helping you to establish undisputed facts. Police and accident reports, witness testimonies and financial records are other important pieces of evidence in a wrongful death case. These documents will be used to compile a comprehensive narrative, allowing your legal team to demonstrate how the deceased’s life was negatively impacted by the defendant’s actions or inaction.
Your lawyer will pursue monetary awards covering both economic and noneconomic damages for you and your family members. Economic damages might include expenses for the medical care your deceased family member received prior to their death, funeral and burial costs, and lost future income from the deceased’s earnings. In some cases, your legal team can also seek punitive damages, which are intended to punish the liable party for especially egregious actions and serve as a deterrent against similar actions in the future.
While no amount of money can replace your deceased family member, a successful wrongful death claim can provide some peace of mind and alleviate the financial stress that follows such a devastating loss. A settlement can cover current and future financial obligations, helping you to pay for things like medical bills, funeral costs, lost income, and emotional distress. Our wrongful death attorneys are ready to review your case and help you determine the best next steps. Our firm’s commitment to your well-being is at the heart of everything we do. Call today to learn how we can help you.