If you or someone you know has lost a loved one due to a fatal accident caused by negligence, a wrongful death lawsuit may be filed against the responsible party. A lawyer for wrongful death can help pursue compensation, which may ease the financial burden faced by those grieving the loss of a loved one.
What is a “Wrongful Death?”
A wrongful death is any death that occurs due to the actions or negligence of another person. It is not considered a crime, as wrongful deaths occur due to accidental circumstances or negligence, not out of any maliciousness or negative intent.
In order to legally qualify as a wrongful death, the accident has to be proven to be the result of another person’s action, inaction or direct negligence. Otherwise, the death is just an accident.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a claim against a person or group who could be held liable for someone’s death. Wrongful death lawsuits are usually based upon wrongful death claims that the death of an individual occurred directly or largely as a result of negligence, defective machinery or vehicles, or medical malpractice.
Wrongful death lawsuits can be complex since many factors can contribute to the circumstances that led to an accidental death, including:
- Was negligence intentional or excusable
- How many individuals were ultimately responsible
- Did the victim bear some responsibility for the accident
Wrongful death lawsuits are most often brought against individuals, companies, or other entities by family members or loved ones of the deceased.
Who Can File a Wrongful Death Claim With a Wrongful Death Lawyer?
Any relative or close loved one of the deceased, including spouses, parents, friends, or personal representatives of their estate, may be eligible to file a wrongful death lawsuit. An attorney for wrongful death can determine who is legally entitled to bring a claim based on the circumstances and applicable state law
Cases Our Wrongful Death Attorneys Handle
Car accidents caused by a driver’s negligence often result in severe injuries, and death for passengers, other drivers, and pedestrians.
A doctor or other medical professional’s negligent acts can lead to a patient’s death. This can include surgical errors, as well as misprescription and misdiagnosis that result in a patient’s death.
Employers are responsible for maintaining a safe working environment and can be held liable for accidents on premises that result in death.
Sellers and manufacturers can be held liable for deaths caused by defective products.
Property owners are responsible for maintaining safe premises and can be held liable for accidents that result in death.
Deaths caused by employer negligence including faulty machinery, unsafe conditions, and improper safety training may be considered wrongful deaths.
Wrongful death can happen as a result of an accident caused by a negligent boat operator or owner.
The negligent handling of a firearm leads to many wrongful deaths each year in the US.
Contact a Wrongful Death Lawyer
Free Consultations for All Clients
Eligibility for Claims With a Wrongful Death Lawyer
The following are are wrongful death lawsuit requirements which clients must meet in order to be eligible for filing a claim, and seeking compensation:
- A person must have died
- The death must have been caused by either negligence or provably wrongful conduct
- The negligence or conduct could have been the subject of a personal injury or similar lawsuit, and could have led to recovered damages, if the victim had survived
- One or more survivors or related victims have suffered damages as a result of the death
The last requirement means that the surviving family members or loved ones must have a reason to bring a wrongful death lawsuit to court. A wrongful death law firm can evaluate these circumstances and determine whether there are grounds for a claim. Reasons may include:
- Emotional pain and suffering
- Loss of income/livelihood (if the deceased was a provider)
- Loss of companionship
Compensation a Lawyer for Wrongful Death Can Pursue
Wrongful death lawsuits can result in damages for the following:
- Pain and suffering damages, intended to compensate victims for emotional and/or physical turmoil
- Loss of future income and financial support
- Funeral/burial costs and expenses
- Medical expenses, both for the deceased and any other injured parties in the same accident
- Loss of companionship, particularly for spouses
- Loss of inheritance
Monetary damages may cover lost lifetime earnings and the pain and suffering experienced by loved ones. Wrongful death lawyers can work with financial experts to calculate losses based on factors such as income, future earnings, and inflation.
*For New York clients: New York is one of the few states that does not cap the damages a party may receive for pain and suffering. This means that a victim’s family or estate cannot be automatically denied the full compensation they are eligible for.
Average Settlement Amounts Won by Our Wrongful Death Lawyers
The expected settlement for a wrongful death lawsuit heavily depends on the circumstances of the case and the level of negligence or liability the defendant is found responsible for. Settlement amounts can range from thousands to millions of dollars depending on aspects including:
- Estimated pain and suffering for the victim
- Damage to the victim in medical costs, both past and future
- Estimated future income based on the victim’s age – for instance, if the victim was a working father and a sole provider, damages may be awarded to his family based on his projected earnings over several years
Average settlements are also determined by the strength of the cases presented by wrongful death lawyers.
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Statute of Limitations for Wrongful Death Claims
Every state has its own statute of limitations that sets a deadline for filing a wrongful death lawsuit. Filing after this period expires may result in the claim being rejected, which is why consulting the best wrongful death attorney for your case as early as possible is important. For example, in New York, a wrongful death action generally must be commenced within two years of the death.
National Wrongful Death Statistics
Emergency Department Visits
For unintentional injuries
Unintentional Injury Deaths
Unintentional Fall Deaths
Motor Vehicle Traffic Deaths
Unintentional Poisoning Deaths
Accidental Deaths
Caused by other acts of negligence not listed above
Contact a Wrongful Death Attorney
The wrongful death attorneys at Sobo & Sobo have helped families and friends of deceased loved ones in NY, NJ and the tri-county area for over 50 years. Clients can contact them online or call 855-468-7626 to learn the value of their case in a free consultation.
FAQ’s About Wrongful Death Lawyers
After filing, your wrongful death lawyer will typically gather evidence, communicate with the responsible parties and insurers, and work toward a settlement or trial.
An attorney for wrongful death can manage the legal process, investigate liability, calculate damages, and negotiate with insurers on behalf of the family.
When searching for a wrongful death lawyer near me, consider experience with similar cases, previous results, client reviews, and knowledge of the laws in your state.
Many wrongful death attorneys work on a contingency-fee basis, meaning attorney fees are generally collected from the compensation recovered rather than charged upfront. Specific fee arrangements can vary.
A wrongful death law firm can file a claim against the responsible party and work to establish negligence and resulting damages. The case may be resolved through a negotiated settlement or proceed to court.
A lawyer for wrongful death investigates the circumstances of the death, identifies liable parties, gathers evidence, calculates damages, and pursues compensation for eligible family members.
