What Can a Wrongful Death Attorney Do for Families Following a Tragedy?

 

When a loved one dies suddenly, it leaves a family with emotional, financial and questions about what happened. If there is another person who may have been negligent in causing the death, it can be important to make sure the family knows its rights and options if it decides to take action. While it is never a way to change the circumstances of a tragic event, it may be a means for a family member to seek accountability and resolve some financial issues if the event was caused by negligence or misconduct.

Wrongful death differs from a standard personal injury case in that the injured party has passed away and the legal action must be taken in the name of the estate and any rightful beneficiaries. Families in Long Island, NY should be familiar with who can file a claim, which evidence is relevant, what types of damages can be recovered and how state law may impact the claims. Early information can help to avoid needless confusion amidst an already challenging time.

What is Involved in a Wrongful Death Claim?

Wrongful death claims typically occur when someone dies due to another party's wrongful act, neglect or default, and the relevant law is met. The situation could be a car accident, unsafe premises, a workplace accident, or a medical negligence. New York law has specific rules and procedures that must be followed in such cases, such as who may bring the action and what kinds of losses are available.

Determine the circumstances surrounding the death.Find out the cause of the death.

It's very important to understand how a fatal incident happened. Accident reports, witness statements, medical documentation, photographs and other documents may have to be looked at by investigators. Technical experts are available in some instances to explain if the accident was caused by a failure in safety, by careless action, or by a failure to follow accepted professional practices. There needs to be enough evidence to show a legal connection between the alleged misconduct and death.

Understanding Who May Bring the Claim

Wrongful death cases in New York are typically filed by the person who is managing the deceased's estate (called the personal representative) for the benefit of those who were entitled to receive the assets. This representative can be someone named in a will or appointed by the court in the proper fashion. Family members should not presume that each family member is able to file the same claim. It is important to know the status of the estate prior to deciding the course of a case.

Here's why legal guidance can be so helpful to families.

What can be a fairly straightforward legal matter with a fatal accident can be more complicated than it seems. An incident may have been caused by many parties or no party may be responsible for the whole event, insurance companies may disagree who is responsible and evidence may need to be preserved before it is too late. A wrongful death lawyer  attorney can help families know what to do, determine evidence they need, and determine if a wrongful death claim would be allowed under New York law.

Examining the potential financial losses is an important step in the process.

Typically, New York wrongful death claims are directed at financial losses suffered by the legal beneficiaries of a wrongful death. These can range from the loss of financial support, some benefits lost, funeral costs, medical costs before death depending on the situation. Information on the deceased's expected future financial support, household contributions, employment benefits and earnings may be needed to calculate these losses. Details in proper records can aid in determining the actual loss consequences.

When deciding whether to file a Separate Survival Action, you should also take into account the following facts:

Wrongful death claims and survival actions are two different types of claims. If the person had still been alive, a survival action might be used to seek damages for conscious pain and suffering leading to their death. The availability of such a claim will depend on the particular facts and the law. Comparing both claims can make sure that there are no missed recoverable losses.

Conclusion

When a family suffers a death due to negligence, it can have an emotional, practical and financial impact. It's important to know the difference between wrongful death and survival actions, who's authorized to represent the estate, and the cost of damages. Each case is unique and will rely on the facts, evidence and New York law.

Suffolk County, Nassau County, and all of Long Island, families can obtain information by consulting with a legal professional who is knowledgeable of these questions. Siben & Siben LLP is a firm of personal injury attorneys in the Long Island community that is family owned since 1934. Knowing the firm's policy on fatal injuries could help a family to determine what to do in the aftermath of their loss.