The pain and struggles you may be left with after the unexpected passing of a loved one can impact your life for years to come.
To make matters worse, a loved one’s passing can also permanently affect your finances, particularly if you have lost someone who was the primary earner for your family. You may now be facing a significant financial burden.
If your loved one’s death was the result of someone else’s negligence, you may be eligible for compensation. Contact a New York accidental death lawyer at Shulman & Hill. We can review your case during a free legal consultation and help you determine how to best proceed.
New York Accidental Death Cases: What You Need to Know
New York accidental death cases can take a variety of forms. The following are some of the most common causes of accidental death:
- Car or pedestrian accidents, including those involving Lyfts and Ubers
- Accidents involving other types of vehicles, such as bicycles, boats, planes, trains, etc.
- Workplace accidents
- Accidents involving dangerous conditions on someone’s property
- Animal attacks
To optimize your chances of collecting compensation after a New York accidental death, you should enlist the help of our personal injury law firm in New York.
Establishing the Validity of a New York Accidental Death Claim
Under New York law, you are entitled to compensation after a loved one’s death if you can establish the following:
- The individual in question is dead
- Another party’s negligence or wrongful conduct caused the accident or similar circumstance that resulted in your loved one’s death
- You and/or other survivors have, as a result of your loved one’s death, suffered specific losses
Those who may be entitled to compensation in New York accidental death cases typically include the decedent’s spouse and children. Losses one can seek compensation for include (but are not limited to):
- Lost financial support
- Lost parental support
- Medical bills
- Funeral costs and related expenses
New York Accidental Death Cases: How to Seek Compensation
If you choose not to work with an accidental death law firm in New York, you may find the process of seeking compensation overwhelming. Although the specifics may vary on a case-by-case basis, typical steps to follow include:
Identifying the Negligent Party
Before you can pursue compensation, you need to first determine whose negligence caused your loved one’s death in the first place. Sometimes it is unclear who that is. In certain cases, New York accidental death attorneys must leverage significant resources to investigate an accident and identify the negligent party.
Our New York accidental death lawyers can review surveillance footage, police reports, witness statements, and more to gather evidence showing how your loved one’s accident occurred. We also have a network of experts, including medical professionals, who can help us demonstrate the circumstances surrounding your loved one’s death.
Determining if a victim is eligible for compensation in any sort of personal injury case can be complicated. Every case is different and every client has suffered differently from their injuries.
Our accidental death lawyers take into consideration all of the relevant factors and negotiate with insurance companies to ensure our clients receive the full compensation for their economic losses as well as non-financial losses. In addition to past losses, our attorneys will also account for losses you may endure in the future.
Filing a Claim
When seeking compensation, your attorney can file a claim against the negligent party’s insurance. To do this, they will likely need to write a demand letter describing the circumstances of the accident and explaining how another’s negligence caused your loved one’s death. The demand letter will typically request a certain amount of compensation, and present evidence demonstrating why the amount you are seeking is justified.
Unfortunately, it is not uncommon for some insurance companies to respond to claims in one of two ways: offering a subpar settlement or denying a claim altogether.
Hiring a lawyer in these circumstances can be immensely helpful. Expert representation from an attorney can legitimize your case and give you an ally in these negotiations. Attorneys can handle all of the communications with the insurance company and compile the evidence necessary to propel your case through the negotiation process. If you do not provide sufficient evidence, this opens the door for an insurance company to deny your claim.
Even if an insurance company does not deny your claim outright, they may not have your long-term wellness in mind when they make you an offer. In some cases, insurance companies may try to get away with paying out the smallest settlement possible. An attorney can negotiate on your behalf and reject an insurance company’s initial offers if they are too low. Our New York accidental death lawyers can go to trial on your behalf if a fair settlement cannot be reached and fight for a favorable verdict on your behalf.
Why Choose Shulman & Hill?
At Shulman & Hill, we deeply understand and appreciate the sensitive nature of New York accidental death cases. While we will negotiate aggressively on your behalf, we also strive to treat you and your family with the compassion you need every step of the way.
Although we try to refrain from making empty promises, our track record is a clear indication of our experience and qualifications. Schedule a free legal consultation online or call us today at 212-221-1000. You will only pay for our services if we successfully recover compensation for you.