A wrongful death claim is filed against an individual or a company when their negligence or oversight has caused the death of a person. This includes things like a company failing to provide safe working conditions to its employees or an individual whose negligence has killed someone in a wrong accident. In such a case, certain family members of the deceased can file a wrongful death claim against the culprit and can get compensation for the damages they have suffered. If you or someone you know have been through such a tragic instance, then this article can be helpful for you. Below I have mentioned the most asked questions about wrongful death claims that will help you learn more about the process.
What Damages Are Recoverable?
When you file for a wrongful death claim, the compensation you receive also depends on the state where the case is active. Almost all the states allow you to recover economic damages, including burial expenses and loss of income. A lot of states also allow compensation for the pain suffered by the victim. Some states also allow the family to receive compensation for non-economic losses. This includes companionship damage and loss of society. The compensation you receive also depends on how strong your case is and to make your case stronger, you must hire an experienced wrongful death lawyer in New York.
Is There Any Time Limit for Filing the Claim?
Yes, the time limit is an important factor when it comes to filing a wrongful death lawsuit. If the family members who are eligible for damage recovery doesn’t file the claim in the given time, then the monetary damages they can receive will be lost forever. There are a lot of factors that come into play when you are determining the time limit for the lawsuit. If you have an experienced lawyer by your side, they will help you figure it out properly.
Do I Have to Go To Court after Filing the Claim
Whenever you file for any kind of legal claim, you must always mentally prepare yourself to go to the court. There is a decent chance in most of the matters that the things will go to the court, and the same is the case with wrongful death lawsuits. However, the chances of you settling out of the court is higher because most of the wrongful death cases are closed outside of the court. You can discuss it with your lawyer and can make a deal with the other party that will benefit you.
How Much Hiring An Attorney Can Cost?
If you have a strong case and you are looking to hire an experienced attorney, then don’t worry about the money. When it comes to wrongful death cases, most lawyers don’t charge you upfront or on an hourly basis. Instead, they will make a deal with you, and you will have to pay a certain percentage of the recovered money. That way, you don’t have to worry about wasting money on the lawyer. If you win, the recovered amount will help you pay their fee.