The unexpected death of a loved one can have a profound impact on your life. Along with the immediate emotional struggles that you may face in the aftermath of such a loss, you may also face a range of other burdens that can affect you for years to come.
Perhaps your spouse is the primary earner for your family. If they die unexpectedly, you may now be left without their financial support. That is an extremely difficult situation for anyone to face. It is particularly overwhelming if you have children.
Unfortunately, no one can restore the presence of a lost loved one. However, if your loved one’s death was the result of someone else’s negligence, you may be entitled to compensation for a range of losses.
Contact an attorney at Shulman & Hill if you believe you have a valid New York City accidental death case. By working with a qualified personal injury lawyer in New York City, you can maximize your chances of reaching a fair settlement or being awarded damages.
New York City Accidental Death Cases: Potential Causes
Accidental death occurs when another party’s negligence causes an accident or similar circumstance that results in someone’s otherwise avoidable death. Common causes of accidental death in New York City include (but are not limited to) the following:
- Car accidents
- Pedestrian accidents
- Accidents involving other vehicles, such as bicycles, boats, trains, planes, etc
- Animal attacks
- Workplace accidents
- Medical malpractice
- Nursing home neglect
- Dangerous property conditions
These are merely a few examples. If you are not sure whether your case qualifies as an instance of accidental death, one of our New York City accidental death attorneys can gladly review the details and assess the viability of pursuing compensation.
New York City Accidental Death Cases: Essential Criteria
Reviewing your case with a New York City accidental death lawyer can be a great way to determine if you have grounds to file a claim or lawsuit. In general, you may have a valid New York City accidental death case if you can establish that it meets the following criteria. You must be able to prove that:
- Your loved one died
- The circumstances which caused their death were the result of another party’s negligence
- Given the nature of the other party’s negligence, your loved one would have had justification to file a claim or lawsuit if they had merely been injured instead of killed
- You and/or other survivors have sustained specific losses
Those entitled to compensation in New York City accidental death cases are typically spouses, children, and parents of the deceased. The personal representative of the decedent’s estate can also pursue compensation. Some of the losses for which you may be entitled to compensation include funeral expenses, medical bills, lost earnings, lost support, and more. Consult with a personal injury law firm in New York City to get a better sense of which losses you can be compensated for.
New York City Accidental Death Cases: How to Seek Compensation
The process of pursuing compensation in a New York City accidental death case typically involves the following key steps:
In most cases, you can begin to seek compensation from a negligent party by either filing a claim against their insurance or by filing a lawsuit. However, before you do so, you must first accurately identify who the negligent party is. In some instances, this requires working with an accidental death law firm to conduct a thorough investigation.
Perhaps your loved one was crossing the street and lost their life when a motorist struck them. You might naturally assume your loved one’s death was the result of the driver’s negligence.
This may be the case, but there are other possibilities in this scenario. Perhaps the driver was not negligent at all. Maybe they only struck your loved one because a defect the vehicle’s designers or manufacturers overlooked prevented them from applying the brakes in time.
You can only collect a payout if you pursue compensation from those actually responsible for providing it. Our New York City accidental death lawyers can help you identify the negligent parties at hand.
Calculating a fair sum can be very challenging if you do not have the proper experience. You may need to account for a wide range of losses when determining how much compensation you should seek. Some of these losses, such as pain and suffering, may be difficult to assign a dollar value to.
Determining fair compensation can be particularly difficult in New York City accidental death cases because you may also need to predict how much money your lost loved one would have earned if they had lived for several more years.
Filing a Claim or Lawsuit
When filing a claim against an insurance company after a loved one’s death, you must be able to:
- Provide sufficient evidence proving your loved one’s death resulted from another’s negligence
- Request a specific amount of compensation
- Provide evidence showing why you believe you are entitled to the compensation you are seeking
Be aware that some insurers may try to pay out as little as possible. Their legal teams may argue that you do not deserve the compensation you are pursuing by claiming that your loved one’s death was the result of their own negligence.
This is perhaps the most important reason to hire a personal injury lawyer in New York City when filing an accidental death claim or lawsuit. A qualified attorney can negotiate effectively with the insurance companies and go to court on your behalf if needed.
Why Choose Shulman & Hill?
We understand that coping with the unexpected passing of a loved one is a very painful experience. That is why we try to approach these cases with as much sensitivity and compassion as possible.
In addition to the emotional trauma your family is dealing with, your financial stability may be compromised as well. Because of this, we are currently offering free consultations for personal injury victims. Call us today at 212-221-1000 for assistance.