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Who can file a wrongful death claim?
Filing a Wrongful Death Lawsuit – Lawyers Serving Manhattan and Greater New York City
If you have suffered the tragic loss of a loved one due to another party’s negligence, you are eligible to file a wrongful death lawsuit. Our lawyers serving Manhattan, greater New York City, and surrounding communities can evaluate your case and help you choose the best course of legal action. Our attorneys are dedicated to providing the trustworthy legal counsel grieving family members need and deserve. We will work diligently to bring your case to a favorable conclusion so that you can concentrate on putting your life back together.
- Elements of a Wrongful Death Lawsuit
- Issues in a Wrongful Death Lawsuit
- Experienced Wrongful Death Lawyers
Elements of a Wrongful Death Lawsuit
A wrongful death claim can arise from a number of circumstances, including deaths caused by medical malpractice, car accidents, product liability, and complications of catastrophic personal injuries. In order for a wrongful death lawsuit to be successful, the family of the victim must be able to prove that the negligence of another party caused the death, resulting in financial hardship for . The family must also appoint a personal representative for the victim’s estate.
Contact Proner and Proner today to learn more about filing a wrongful death lawsuit. Our lawyers serve Manhattan and greater New York City. We can schedule a complimentary consultation, during which we will evaluate your case and advise you of your options.
Issues in a Wrongful Death Lawsui
Negligence
In any wrongful death case, proving the defendant’s liability is the determining factor in obtaining a settlement or jury award. To prove wrongful death liability, it must be established that the defendant failed to act as a prudent person would under similar circumstances and, by this failure, caused the death in question. Demonstrating negligence and liability in a wrongful death case requires skill that only experienced wrongful death lawyers possess, since the laws governing such cases are complex and since the defendant, too, will likely have attorneys working diligently on his or her behalf.
Pecuniary Injury
The degree of pecuniary injury to the family of the deceased is a significant factor in determining the compensation they will receive in a wrongful death lawsuit. Pecuniary injuries include the loss of income or services the deceased would have contributed to the family had he or she lived, loss of parental guidance, loss of inheritance, medical expenses, and funeral expenses. (In addition to covering these costs, most wrongful death settlements include interest from the date of the death.) In determining pecuniary injury, the judge or jury will consider several factors, including the age, income, earning capacity, and character of the deceased.
Statute of Limitations
In most states, there is a time limit, or statute of limitations, within which a plaintiff must file a wrongful death lawsuit. The laws are complicated as to whether the time limit begins at the time of death or at the time the family discovered the death or learned that it was wrongful. Some states allow special considerations for wrongful death actions that derive from other claims – for example, those that stem from personal injury claims in which the victim died, or those in which the family could not have discovered the cause of death within the time limits.
Experienced Wrongful Death Lawyers
Although the rights of surviving family members are protected by law, filing a wrongful death lawsuit is not easy. It requires a thorough understanding of pertinent state and federal personal injury and wrongful death laws and, equally importantly, an ability to apply those laws in the family’s favor. At Proner & Proner, our wrongful death lawyers have years of combined experience in wrongful death litigation. When you enlist the services of our firm, we will handle every aspect of your case – from the gathering of evidence to the handling of court documents – thereby minimizing the stress on you and your family.
Contact Proner & Proner
If you have lost a loved one and you believe the death was wrongful, contact Proner and Proner today to learn more about filing a wrongful death lawsuit. Our lawyers serve clients in Manhattan, greater New York City, and surrounding communities. We will provide the exceptional legal counsel you need to make sure that your rights are protected.
