Wrongful death lawyers help close family members, such as spouses, children, and parents, get justice and recover compensation after the death of a loved one. Most provide free consultations and represent clients based on a contingency fee basis.
Each state has different wrongful death laws, so how these cases work will depend on where your loved one died. A wrongful death attorney can help you build your case and navigate the process for you.
Discuss The Loss of Your Loved One With an Attorney
Discussing your loved one’s loss with an attorney after a fatal accident and allowing them to help you navigate the process are important for several reasons:
Legal Guidance
Your attorney will help you understand your legal rights and options. They explain the laws relevant to your case, including your state’s wrongful death statutes, and guide you through the legal process. They know how to handle these cases to secure maximum compensation.
Investigation
Attorneys conduct thorough investigations into accidents, gather evidence, and identify liable parties. This is crucial for building a compelling case and proving negligence and liability. Having convincing evidence enables them to negotiate a settlement or win a verdict in court.
Compensation
An attorney seeks compensation for various damages on your family’s behalf. This could include medical expenses before their death, funeral costs, lost household income, loss of companionship, and pain and suffering. They will estimate the value of your claim and use this to guide their negotiations to ensure you receive fair compensation.
Insurance Negotiation
Dealing with insurance companies can be challenging. They could use tactics that limit your financial recovery or even give them an excuse to deny your claim. This can be especially difficult when you are grieving. Attorneys handle communications and negotiations with insurers on your behalf, working to secure a fair settlement.
Litigation
If a fair settlement is not possible, your attorney will represent you in a civil lawsuit against the liable party. They will take your case to trial and ask the judge or jury to grant the compensation you deserve. Wrongful death lawyers have the experience and skills needed to present your case effectively and advocate for your best interests.
Peace of Mind
Handling the aftermath of a loved one’s loss can be overwhelming. Many people in this position face both emotional and financial struggles. It can be an extremely frustrating and stressful time. Having an attorney manage the legal aspects allows you to focus on grieving and supporting your family.
Timely Action
Statutes of limitations restrict the time within which you can file a wrongful death lawsuit. Your attorney will ensure that all necessary actions are taken promptly to preserve your right to seek compensation.
Contact an attorney as soon as possible after your loved one’s death. This will ensure they can build the strongest case with the most robust evidence and meet all applicable deadlines.
What Steps Will an Attorney Take to Help With My Wrongful Death Case?
When you hire a wrongful death lawyer to manage your family’s case, the law firm should handle all parts of building your case and seeking compensation. They will work to hold the negligent party accountable and recover the money your family deserves.
This could require them to take some or all the following steps to handle your wrongful death case:
- Case Evaluation: Law firms usually offer a free initial assessment of the facts and circumstances surrounding the death to determine the viability of a wrongful death case.
- Document Gathering: The lawyer and their team will collect all relevant documents, including relevant medical records, police reports, witness statements, and accident reconstruction reports.
- Expert Consultation: Law firms will often have vast networks of experts they use to support cases they handle. Your lawyer will engage with medical doctors, accident reconstruction specialists, and other experts to build a robust case.
- Estate Representation: When necessary, a wrongful death lawyer may help navigate the probate process and appoint a personal representative. Some states require this process before you pursue the wrongful death claim.
- Demand Letter: Your lawyer will draft and send a demand letter to the responsible parties and their insurance carriers that outlines the facts of the case and the compensation you are seeking.
- Pre-Litigation Settlement Negotiations: Often, lawyers attempt to negotiate a settlement with the liable party’s insurance company before filing a lawsuit.
- Filing the Complaint: When necessary, lawyers draft and file wrongful death complaints in the appropriate court, beginning the legal proceedings.
- Discovery Process: As a part of building the case, the legal team conducts discovery. This process includes taking depositions, submitting interrogatories, and requesting documents to gather additional evidence and information.
- Pre-Trial Motions: As needed, the lawyer files and argues pre-trial motions to address procedural issues, exclude inadmissible evidence, and help move the case toward a verdict for your family.
- Trial Preparation: Your attorney will develop a trial strategy, prepare opening statements, closing arguments, and witness examinations, and organize exhibits for presentation at trial.
- Court Representation: Your lawyer will represent your family at trial by presenting the evidence, examining witnesses, and arguing the case before a judge and/or jury.
- Settlement Disbursement: If you win a settlement or verdict, your lawyer will ensure the proper disbursement of any settlement or award, including paying any liens or outstanding medical bills and distributing the remaining funds to the beneficiaries.
An Attorney Can Determine If You Have a Viable Wrongful Death Case
Most personal injury law firms, including our offices, provide free consultations for families who lost a loved one and believe they may have a viable wrongful death case. This is the best way to learn if you can pursue compensation and hold the liable party accountable to get justice.
A viable wrongful death case typically involves a situation where the victim dies due to the negligence, recklessness, or intentional actions of the accused party.
Some examples of cases that could support a wrongful death case include:
- Car Accidents
- Truck Accidents
- Pedestrian Accidents
- Rideshare Accidents
- Motorcycle Accidents
- Bicycle Accidents
- Medical Malpractice
- Slip and Fall and Trip and Fall
- Construction Accidents
- Other Premises Liability Injuries
Each of these accidents and injuries usually occurs because of negligence. Negligence requires four elements:
- One party owes the other a duty of care
- They breach that duty
- This causes an accident
- The victim suffers injuries and passes away
Property owners, drivers, and medical care providers all owe others a duty of care, making negligence possible in any of the scenarios mentioned here. Property owners must keep their premises free from preventable hazards, doctors must provide an acceptable standard of care, and drivers must follow all traffic laws to keep others on the road safe.
Wrongful Death Lawyers Know How These Cases Work in Your State
Wrongful death laws differ from state to state. While they all generally allow immediate family members to recover compensation and hold the negligent party liable, how this works depends greatly on state law.
Some things that could differ by state include:
- How they define wrongful death and which cases support a lawsuit
- The deadline for filing a wrongful death lawsuit
- Who has a right to file a wrongful death lawsuit
- The types of damages recoverable in a successful wrongful death case
Consider these examples:
New York State
Per New York Consolidated Law § 4-1.1, an estate representative or an immediate family member can file a wrongful death lawsuit. The family members filing these cases could be a surviving spouse, an adult child, a representative of minor children, or the victim’s parents.
State law, New York EPT § 5-4.1, generally gives family members up to two years to file the complaint to begin a wrongful death lawsuit. This deadline is known as the statute of limitations on the case.
Pennsylvania
Under 42 PA CSA § 8301, only the victim’s surviving spouse, children, or parents can file a lawsuit based on wrongful death. The personal representative—also known as the estate executor or administrator—can file a lawsuit seeking monetary damages for the wrongful death under some circumstances.
Per 42 PA CSA §5524, qualifying family members may have up to two years to file a lawsuit based on a Pennsylvania wrongful death. Missing this deadline would likely mean losing the right to take the case to trial. This could make recovering fair compensation difficult or impossible.
New Jersey
In New Jersey, state law limits who can sue to the executor of the decedent’s will, also known as the personal representative of the estate. This law is found under NJ Rev Stat § 2A:31-2.
While only the estate executor can file a lawsuit, they are not necessarily the beneficiaries of a settlement or verdict. While this person is often an immediate family member, that is not true in every case.
The damages recovered go to the person’s survivors:
- The decedent’s spouse
- The decedent’s children
- The decedent’s parents
- The decedent’s siblings
- Others who can show they were financially dependent on the decedent
The statute of limitations for filing a lawsuit is set by NJ Rev Stat § 2A:31-3. It generally gives families two years from their loved one’s date of death to sue.
Managing a Wrongful Death Claim Is Difficult on Your Own
In general, families benefit from hiring a lawyer to handle a wrongful death case because of all the help the law firm provides. Most family members cannot manage a wrongful death case on their own due to:
Lack of Legal Experience
Navigating complex legal procedures, understanding wrongful death laws, and effectively arguing a case require legal experience, knowledge, and skills. Most people do not possess this experience unless they are lawyers themselves. Having the know-how on your side saves time and resources and also increases your chances of recovering the compensation your family needs and deserves.
Lack of Resources
Investigating the case, gathering evidence, hiring expert witnesses, and managing court filings require significant time, money, and resources. When you are grieving the loss of a loved one, you likely do not have time and money to spare to focus fully on developing a winning case.
In addition, law firms typically have strong networks of experts they can call on to support the case. These experts are often beyond the reach of individuals working to negotiate an insurance settlement independently.
Grief
The emotional toll of losing a loved one makes it extremely difficult for family members to focus on the demanding and often lengthy legal process, leading to potential mistakes and oversights. When you hire a lawyer to manage your family’s wrongful death case, you can trust them with your claim or lawsuit and spend your time with your family grieving your loved one.
What Should I Do If I Believe My Loved One Died Due to Negligence?
If you believe your family may have a viable wrongful death case, there are some steps you should take as soon as possible. This includes:
- Seek Legal Advice: Contact a wrongful death attorney to discuss your case, understand your rights, and determine the best action. Get your free consultation today.
- Avoid Communication with Insurers: Do not discuss the incident with insurance companies or sign any documents without legal counsel. Insurance companies sometimes employ tactics that could hurt your case.
- Document Everything: Keep detailed records of all related expenses, communications, and developments related to the incident and your loved one’s death. Documenting damages is key to a fair settlement or payout.
- Take Care of Emotional Well-being: Seek support from your friends, family, or a counselor to help manage grief and stress during this difficult time. Encourage your family members to do the same.
Discuss Your Loved One’s Wrongful Death with Our Team
Rothenberg Law Firm LLP has handled cases like yours for more than 50 years and recovered billions of dollars for our clients. We can help you, too. We represent families who lost loved ones in New York, Pennsylvania, and New Jersey. We provide free consultations for surviving family members.
Contact us today by calling (800) 624-8888 to learn more.
