Such incidents are devastating, the loss of a loved one due to the negligence of another. A wrongful death claim can at least bring some sense of justice and financial compensation. However, it is really a complex process that requires an in-depth understanding of several critical factors.
Establishing Liability
- Duty of Care: The deceased must have been owed a legal duty by the defendant. Duty can arise in many ways, through relationships of doctors and patients, employers and employees, drivers and pedestrians.
- Breach of Duty: The defendant must have been in breach of that duty, as required by the circumstances. For example, a doctor misdiagnosing a condition, or a driver breaking the law of the road.
- Causation: The plaintiff must prove that the victim’s death was a direct consequence of the defendant’s negligence. The defendant’s actions must be in direct relation with the death of the deceased.
Computation of Damages
The award in a wrongful death suit is given to the loved ones of the deceased. The following are the different kinds of damages awarded in a wrongful death action:
Monetary Losses:
These are losses that can be computed as follows:
Benefits the deceased would have provided
- Wages
- Medical help funds spent on before death
- Burial and funeral costs
- Inheritance to which survivors have been deprived of by the death
- Loss of support and services
Non-Economic Damages:
These are what may be called intangible losses, and so at the same time are much harder to quantify, including:
- Pain and Suffering of the Deceased
- Loss of companionship, and love
- Mental anguish, emotional distress as suffered by the surviving family members
Additional Considerations
Comparative Negligence:
If the decedent contributed to the accident, or was the reason for their death, their negligence may reduce the number of damages recoverable.
Limitations Of Time:
A certain period is limited by each state in which you could file a lawsuit for you case, if you missed that deadline then no matter who’s guilty you’ll case be dismissed.
Need for Expert Legal Counsel
Given the complexity and emotion associated with wrongful death cases, it is impossible to overstate the value of expert legal counseling in such situations. An experienced lawyer will help you navigate all complexities of the legal system, uncover and analyze every single piece of evidence that exists in your case, and forcefully advocate on your behalf.
How to Build a Strong Case?
The following steps can significantly enhance your potential for success:
1.Evidence Preservation:
Collect all the documents, medical records, photographs, statements of witnesses, etc.
2.Expert Witnesses:
Avail medical, accident reconstruction, or other experts to testify that will help prove your case.
3.Economic Valuation: It shall be estimated the actual monetary loss for which the surviving family members.
4.Emotional Impact: The emotional trauma of the bereaved has to be documented in terms of development of claims for non-economic damages.
The Role of Insurance
One has to be aware of the role insurance plays in a claim for wrongful death—that is, it may partly or fully provide coverage against some, or the entire damages awarded to the defendant’s insurance policy. At the same time, it is known that insurance companies have adopted tricks that enable them to pay less. Hence, a good lawyer would be important to guide and protect you from such complexities.
Wrongful death cases are extremely emotionally draining and legally intricate. However, understanding some of the key factors and obtaining proper legal advice will most likely bring fair damages and justice for your loved one.
If you want to have a free consultation with a Garden City Lawyer then call now at (718) 414-6642.
What are Some Important Factors to Consider in Case of Wrongful Death? 
