Valley Stream Wrongful Death Lawyer
Losing a loved one due to the negligent or reckless behavior of another person is a devastating experience. It should not be the burden of surviving family members to cover the expenses related to a preventable accident that claimed their loved one’s life.
If you lost a family member to someone else’s negligence, you may benefit from legal representation. An experienced Valley Stream wrongful death lawyer could explain the statutory rights loved ones have in these claims and your available legal options. Additionally, a personal injury attorney could compile persuasive evidence and handle all correspondence on your behalf.
Filing a Wrongful Death Claim
Typically, a loved one can file a wrongful death claim if the accident victim died due to another party’s negligence, recklessness, or misconduct. Wrongful death laws permit surviving family members to file a civil suit for damages, such as funeral costs, outstanding medical bills, and pain and suffering.
Only specific loved ones of the deceased can file a wrongful death claim, such as surviving spouses, parents, and children. A minor may require an adult guardian to file a claim. In certain circumstances, siblings, legal dependents, and other close family members can pursue a wrongful death claim.
A nearby wrongful death attorney could advance a loved one’s claims and help meet the burden of proving each element of the claim.
No amount of money could fully compensate family members for the loss of a loved one. However, a diligent wrongful death attorney in the area could assess the worth of a loved one’s case and fight for their maximum compensation. Wrongful death accident damages can include:
- Medical and funeral costs
- Loss of companionship
- Pain and suffering
- Loss of estimated future earnings that would have supported the loved ones
- Loss of benefits, such as a pension or medical coverage
A plaintiff should expect insurance companies to resist paying full damages. Fortunately, a Valley Stream attorney could help maximize compensation by advancing a plaintiff’s wrongful death case in court or negotiating with the opposing party.
Statute of Limitations
In most cases, a wrongful death claim must be filed entirely two years of the decedent’s death, per the statute of limitations. This is meant to ensure that lawsuits are processed promptly.
Under state law, the statute of limitations does not stop if the decedent’s representative is a minor or otherwise incapable of filing a claim. Under these circumstances, a guardian will need to file the wrongful death claim on behalf of the minor.
A loved one could risk losing their right to compensation if they file a civil action after the statute of limitations expires. A dedicated local attorney could ensure that all wrongful death paperwork is filed before deadlines to help a loved one recover compensation.
Additionally, in municipal actions, the statute of limitations may be less than two years, which is why it may be essential to speak to a lawyer immediately.
Call a Valley Stream Wrong Death Attorney Today
Preventable accidents resulting in wrongful death occur regularly in Valley Stream. No family member should have to experience the heartbreak of losing a loved one due to another person’s careless behavior. Fortunately, laws are in place that could help a family member recover damages.
A qualified Valley Stream wrongful death lawyer could take immediate action to prepare a well-supported claim on your behalf. Contact the firm today to schedule a confidential consultation.