Wrongful death is any death that happens as a result of another person’s intentional or careless acts. Families of wrongful death victims often undergo severe emotional anguish and financial distress. A wrongful death lawyer can help families obtain financial compensation.
However, wrongful death claims can be difficult to pursue. Defendants insurers may hire teams of people to dispute various elements of plaintiffs’ cases. Further, copious amounts of evidence may be required to support wrongful death lawsuits.
If your loved one suffered a wrongful death in Melville, get help seeking the financial compensation you deserve. Contact our experienced Melville wrongful death lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.
How Our Lawyers Can Help When Filing a Wrongful Death Lawsuit in Melville
The process of recovering compensation in a wrongful death lawsuit can be stressful for victims’ families. Wrongful death cases can take months to years to complete. Furthermore, insurance companies may employ various tactics to delay your case.
Fortunately, our experienced Melville wrongful death lawyers can offer guidance and support throughout each stage of the legal process. The following are examples of ways our lawyers can help in your case:
Reviewing Your Case
After wrongful deaths, victims’ families often question if they have valid claims for compensation. Wrongful death lawsuits can come in many forms. However, in each case, the following elements must be established:
- The victim passed away
- Their death was caused by another person’s intentional or negligent conduct
- The deceased person’s family suffered damages because of the wrongful death
These elements may seem simple on their face but applying them to your case can be complicated. Accordingly, you can contact our Melville wrongful death lawyers for help determining if the aforementioned elements have been satisfied during a free case review.
Filing Your Case
Under E.P.T. Law § 5-4.1, plaintiffs will typically have two years from the date of a wrongful death to file a wrongful death lawsuit in Melville. Failure to comply with this deadline could cause plaintiffs to forfeit their case.
Furthermore, there are numerous other requirements plaintiffs must adhere to when filing a wrongful death case. Plaintiffs must attach supporting documents, file their case in the correct court, pay any required court fees, serve all named defendants, and avoid filing an incomplete claim. Accordingly, the help of our Melville wrongful death lawyers can be very valuable when filing your case.
Gathering Evidence
Furthermore, wrongful death plaintiffs in Melville must gather evidence to prove that defendants were at fault. There are several types of evidence that can be used to prove fault. The following are common types of evidence used by our Melville wrongful death lawyers:
- Photos from the scene of an accident
- Physical evidence from the scene of an accident
- Accident reports
- Surveillance footage
- Eyewitness testimony
- Expert witness testimony
- Personal recollections
Collecting the aforementioned evidence can be a difficult process. Some parties in control of relevant evidence may be difficult to communicate with. Our team can help ease plaintiffs’ stress by gathering the evidence required to support their case.
Proving Fault
Melville courts follow a pure comparative negligence rule when awarding damages in wrongful death lawsuits. This means that damages will be assigned based on percentages of fault. If a victim was 25% responsible for an accident while the defendant was 75% liable, the defendant will pay for 75% of damages caused by the wrongful death while the plaintiff will account for the remaining 25% with out-of-pocket expenses.
Defendants insurance companies will likely hire lawyers and private investigators to try and shift fault for an accident. By assigning fault onto the plaintiff, defendants will avoid paying the full value of a claim. Our experienced Melville wrongful death lawyers can help fight insurance companies and prove that a defendant was at fault.
Negotiating
Additionally, our Melville wrongful death lawyers can provide crucial support when negotiating for compensation. Insurance adjusters wish to settle cases as quickly and as cheaply as possible. Insurance defense lawyers will use various tactics to entice low settlement agreements from plaintiffs.
Communicating with insurance companies during the negotiation stage of a wrongful death lawsuit can be tiresome and frustrating. Our attorneys can lean on years of experience when negotiating for fair compensation, so you may recover the monetary damages you deserve.
Trying Your Case
Lastly, our Melville wrongful death lawyers can provide support by representing your interests at trial. Litigating a wrongful death lawsuit is a difficult task. Our attorneys can help ensure you present a convincing case.
Settling a Wrongful Death Lawsuit vs. Taking a Wrongful Death Lawsuit to Trial in Melville
Wrongful death plaintiffs will usually face the difficult choice of settling their case or going to trial. There are potential risks and benefits associated with each decision. A settlement agreement is a type of legal contract that obligates a defendant to pay an agreed-upon sum to the plaintiff in exchange for their lawsuit being dismissed. Plaintiffs that settle early will have the opportunity to recover compensation more quickly. Furthermore, those that settle early can save on the many expenses of going to trial. Parties that go to trial may incur additional attorney’s fees, administrative costs, filing fees, deposition costs and expert witness fees.
Still, plaintiffs that go to trial will have the opportunity to recover additional compensation. Not all settlement offers are adequate. Defendants may make offers that do not reflect the true value of your case. However, if you are unsuccessful at trial, you may receive nothing. Our experienced Melville wrongful death lawyers can help determine the true value of your wrongful death case, so you may decide if settling your case or going to trial is the right decision for you.
If Your Loved One Suffered a Wrongful Death in Melville, Our Lawyers Can Help
If your loved one suffered a wrongful death, seek assistance from our experienced Melville wrongful death lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free case review.