Wrongful Death Lawyer in Floral Park, NY
Losing a loved one is always heartbreaking. The situation is even more unbearable when the loss occurs suddenly and because of someone else’s carelessness. Moving forward can seem nearly impossible. On top of grief and heartache may come the realization that you are not financially prepared for life without your loved one.
In New York, certain family members can recover wrongful death compensation if another party’s negligent actions claim the life of a loved one. However, holding the liable party accountable following a tragic loss can be hard. An experienced attorney from The Tadchiev Law Firm, P.C. can explain your rights in a free consultation. Call or contact us now to speak with a Floral Park wrongful death lawyer.
How Can Our Wrongful Death Lawyers Help You?
Coping with the death of a loved one can seem like an insurmountable hurdle. Taking legal action may feel overwhelming while managing funeral and burial arrangements, consoling other family members, and struggling with the inevitable changes that come with a sudden loss. That’s where an experienced wrongful death attorney can help. A lawyer can help you seek the compensation your family deserves through an insurance claim or wrongful death lawsuit.
A seasoned wrongful death lawyer has the knowledge and resources to thoroughly investigate the cause of your loved one’s accident and identify all potentially liable parties. Your attorney will also help you submit a claim, manage communication between you and the at-fault party’s insurer, and tenaciously fight for maximum compensation.
Unfortunately, insurance companies are in the business of saving money. Lowball settlement offers are common even when families deserve so much more. Never accept any settlement without consulting a knowledgeable Floral Park wrongful death attorney. At The Tadchiev Law Firm, P.C., our lawyers do the heavy lifting so you can focus on caring for yourself and your family.
Determining Wrongful Death Compensation
Evaluating how much wrongful death compensation you and your family could recover can be challenging. The circumstances of the death, the severity of injuries before death, and other factors play a vital role in calculating how much a wrongful death claim may be worth.
Although no one can place a definitive dollar amount on a person’s life, there must be metrics to account for the value of a wrongful death case. Currently, family members may be able to obtain compensation for losses like:
- Medical expenses
- Burial costs
- Funeral costs
- Loss of wages and future earnings
- Loss of financial support
- Loss of benefits
New York’s wrongful death statute has remained relatively unchanged since passing in 1847. However, lawmakers are advocating to amend the state’s wrongful death laws so families can recover compensation for emotional suffering and loss of companionship instead of solely economic losses.
At The Tadchiev Law Firm, P.C., we pride ourselves on staying up to date with the latest legal developments in New York. We work hard to accurately calculate your case’s value based on the unique factors present in your situation.
Who Can File a Claim for Wrongful Death Damages in New York?
New York has strict guidelines on who can file a wrongful death claim. State law dictates that only the personal representative of the deceased individual’s estate has the authority to file a wrongful death lawsuit. Family members cannot file suit unless they are the appointed personal representative. Typically, the personal representative is named in the individual’s will. The court can appoint an administrator if no personal representative or executor is named.
Although family members cannot directly file a wrongful death lawsuit on behalf of a deceased family member, the money recovered from a successful wrongful death claim goes to the decedent’s estate and gets distributed to family members or beneficiaries.
Elements of a Wrongful Death Claim
New York defines wrongful death as a “wrongful act, neglect, or default” of any kind that causes the death of an individual. Wrongful death claims are much like personal injury claims. When the careless actions of another lead to injuries, the injured party can seek compensation for their financial losses. However, in wrongful death cases, the accident causes a fatality, leaving the deceased’s personal representative to file the claim on their behalf instead.
Examples of situations that may trigger a wrongful death claim include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Premises liability accidents
- Dog bites or attacks
- Defective products
- Medical malpractice
Proving your case and demonstrating that you are entitled to compensation following the death of a family member requires substantial evidence. You must establish that another party is liable for your loved one’s death and provide evidence showing how their careless actions caused the tragic accident.
Gathering evidence to build a solid wrongful death claim can be challenging. Depending on the circumstances of the accident, you may need access to confidential information, like a person’s cell phone records, to prove your case. A private individual cannot access such data, but a wrongful death attorney can subpoena personal records for legal purposes. Discussing your situation with a skilled attorney is always best. They can walk you through what it takes to prove the elements of a wrongful death case in New York.
Additionally, an attorney can help you manage the strict legal deadlines associated with wrongful death lawsuits. Generally, a personal representative has two years from the date of death to file a lawsuit. Unique circumstances can shorten or extend this legal deadline.
For example, if the case involves a government entity, the personal representative must file a Notice of Claim within 90 days. By contrast, if a minor is the sole potential beneficiary of a wrongful death claim, the statute of limitations can be delayed until the child turns 18 or is appointed a legal guardian. It is always in your best interest to discuss the specifics of your case with a wrongful death attorney as soon as possible.
Insurance Company Adjusters and Wrongful Death Claims
In some instances, you may be able to recover compensation for the death of a loved one through an insurance claim. But remember that insurance companies are for-profit businesses. They have a vested interest in keeping payouts as low as possible. Sometimes, insurance adjusters may use tactics that feel predatory to family members, preying on their grief and confusion to entice them to settle for less than what a claim is truly worth. It is seldom in your best interest to accept the first offer presented by an insurance company in any situation, especially for a wrongful death claim.
Before you accept anything from an insurance company or sign away your legal rights, you should:
- Discuss your situation with a trusted wrongful death attorney.
- Refrain from giving an official statement to insurers or answering any questions.
- Allow your lawyer to manage all communications with the insurance company. Your attorney will gather and organize the evidence and present a strong claim demonstrating why you deserve maximum compensation.
At The Tadchiev Law Firm, P.C., we know insurance companies’ strategies to keep payouts low and protect their profits. Our resourceful attorneys can build a claim with the best chance of countering the sneaky tactics insurance adjusters use to diminish or deny a claim’s value. You deserve justice and peace after losing someone you love, not the runaround.
Get in Touch with Our Floral Park Wrongful Death Lawyers
At The Tadchiev Law Firm, P.C., our wrongful death attorneys know that no amount of money can fill the gap left by the loss of a family member. However, we also know that recovering rightful compensation can put your family in a more stable financial position, giving you time and space to grieve.
You deserve justice and fair compensation for what you’ve endured. Let us help. Contact The Tadchiev Law Firm, P.C. to request a confidential case evaluation with a wrongful death lawyer in Floral Park.