There are few things that can impact a family more than losing a loved one as a result of someone else’s negligent actions. Unfortunately, these situations happen far too often, and in the world of personal injury, it is a situation referred to as wrongful death.
It’s imperative for the family to recognize what rights they have regarding what comes next, who is liable, and what can be done to help move forward. While it is nearly impossible to overcome the grief by going through legal remedies, it can help in several different ways.
During this difficult time, you should know that we’re here to help you navigate the complex legal system and get through the claims-filing process with confidence.
Taking Legal Action
When grieving, it’s easy to understand how legal action isn’t always top of mind. However, it’s imperative to know who can take legal action and what is needed in order to file a claim. In the state of New York, there must be five elements required to actually file a wrongful death claim or lawsuit:
- Death: The easiest evidence to show is that there was in fact a death that occurred.
- Defendant negligence: It must be shown that the death was the result of the defendant’s wrongful and reckless conduct.
- Eligibility: It must be shown that the action could have been pursued in a personal injury case had the deceased not passed.
- Surviving parties: It must be shown that the deceased has at least one surviving persons who is suffering due to the loss.
- Damages: It must be shown that there are damages that the estate can recover from the negligent party.
For some, this type of evidence can be difficult to recognize and understand, especially when the deceased’s personal representative handles the claim. This makes it imperative to have legal representation to get through this difficult time.
How Does Legal Action Help?
We know that in many different civil matters involving negligence, the monetary compensation that can be pursued can help with many of the expenses stemming from the losses experienced. However, for some situations, legal action can do more than that.
For some, taking legal action means getting some closure on the situation that occurred. It means knowing that the negligent party is held accountable for his or her actions and that they’re forced to take responsibility for the wrongful death.
In many other situations, it also means the opportunity to create change. By showing that negligence can result in a wrongful death, it means that others can see the consequences of negligent actions—possibly deterring them from acting in a reckless manner.
How Our Firm Can Help You
At Odierno Law Firm, we understand just how serious wrongful death matters are and what they mean to those who are suffering with the loss of a loved one. We want individuals to understand their rights and how they can pursue justice. Furthermore, we help prevent insurance companies from taking advantage of vulnerable families when they offer a less-than-favorable settlement.
With our Long Island wrongful death lawyers, you’ll be able to understand the process and how negligent parties can be held accountable. We are fully dedicated to the families of those lost in wrongful death cases because they need guidance. They need advocates on their side. They need justice. We’re with you every step of the way.
Call our firm today at (631) 250-4212 for a free consultation. We have more than 150 years of experience and know what it takes to be successful for our clients especially in these difficult types of cases.