A wrongful death lawsuit is paid by either the responsible party whose negligence caused the death or their insurance company, depending on the details of the circumstances.
If you have recently lost a loved one due to somebody else’s negligence or recklessness, call a Long Island wrongful death lawyer.
Your attorney will help you understand the legal process and determine who is responsible for covering damages in your case after identifying the at-fault party or parties. Your lawyer can also explain your rights as a surviving family member.
Identifying the Responsible Party in a Wrongful Death Lawsuit
When it comes to a wrongful death case, everything starts with figuring out who’s actually responsible for what happened to your loved one.
In New York, liability can fall on a person, a business, or a government agency, if not a combination of the three. It all depends on the specifics of the situation.
These are a few examples of incidents where certain people or parties will be found liable for a wrongful death:
- Car accidents: A driver who was being careless or breaking traffic laws can be held accountable.
- Medical malpractice: Doctors, nurses, or hospitals may be on the hook if someone’s life was lost because the care they provided fell below the standard it should have met.
- Unsafe premises: Property owners can be found liable when dangerous conditions on their property result in fatal injuries.
And this is where the real question of who pays for a wrongful death lawsuit comes into play. Once you know who caused the loss, you and your attorney will know who to pursue for financial responsibility.
Identifying the right at-fault party isn’t just a formality. It determines exactly who will need to pay for the claim moving forward.
Insurance Companies and Liability Coverage
Many wrongful death lawsuit cases in New York end up involving insurance companies in one way or another. That might include auto insurance, homeowners insurance, or a business liability policy. It depends on which coverage applies to the situation.
These policies are usually where the actual payment comes from because insurance companies are required to pay valid claims up to the policy’s limits. As a result, if their policy has enough coverage, the insurer will usually pay the settlement or court-awarded damages.
Alternatively, if there isn’t enough insurance coverage, the at-fault individual or company might have to pay out-of-pocket, though that’s rare. The majority of these cases are resolved with the help of whichever insurance coverage was in place at the time of the incident.
Circumstances Where Individual Accountability Is at Play
Sometimes, the responsible party does not have insurance or sufficient resources. In these scenarios, survivors can seek payment directly from the individual. This can be done by garnishing wages, placing liens on property, or negotiating payment plans.
Cases involving underinsured or uninsured individuals often complicate matters, making the process longer because it requires you to follow additional legal steps to secure compensation.
Scenarios Involving Corporate and Employer Liability
When deaths occur in the workplace or involve commercial vehicles, employers and companies can share liability for the loss of your loved one. Here’s what that can look like in New York:
- Employer responsibility: Companies may be held accountable if employee negligence causes a death while performing work duties.
- Vicarious liability: Businesses can be held liable for the actions of their employees if they were acting within the scope of employment at the time of the incident.
- Fleet vehicles: Companies that own trucks or delivery vehicles could face wrongful death claims if a driver’s negligence caused a fatal accident.
Corporate defendants often have larger insurance policies, making them a primary source of payment for wrongful death claims.
Situations Where Governmental Agencies Are Responsible
Some wrongful deaths involve public entities like city departments or state agencies. In New York, suing a government body comes with specific procedural requirements:
- Notice of claim: Families must submit a formal notice within 90 days of the incident that took the life of their loved one.
- Shared liability: In accidents where both a public agency and a private party contributed, payments could end up coming from more than one source.
All in all, government involvement can affect the total amount and timing of compensation.
When Manufacturers Are to Blame
Fatal injuries can stem from defective products, such as malfunctioning machinery, faulty vehicles, or dangerous pharmaceuticals. In New York, manufacturers, distributors, and retailers are all at risk of being held liable in these instances.
Liability in product-related deaths often involves a detailed investigation and testimonies from professionals. Compensation usually comes from product liability insurance or the company’s assets.
The Role of Settlements in Determining Payment
Many wrongful death cases never reach trial. Settlements make it possible for parties to agree on compensation without requiring litigation. Here’s what to expect in these cases:
- Insurance companies often negotiate directly with the family’s attorney.
- The settlement amount should reflect the severity of the losses you endured.
- Payment will likely come from either the defendant or their insurance provider.
Settlements provide survivors with a faster resolution to their claim, though it’s important not to rush the process or else you’ll risk not holding the responsible parties properly accountable.
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Contact Us Today to Learn Who Pays for a Wrongful Death Lawsuit
Figuring out who actually pays for a wrongful death lawsuit in New York isn’t always as easy as asking a question and getting an answer. It’s not a very straightforward process, but that doesn’t mean you have to stay stuck in a state of confusion. Levine And Wiss is here to help.
Our attorneys know that trying to decipher legal jargon and understand which New York state laws apply to your case can be overwhelming, especially when you’re simultaneously dealing with grief. The last thing you need is an added stressor, so why not give us a call instead?
Speaking with our lawyers can make all the difference. With more than 100 years of combined experience, we’ve recovered hundreds of millions of dollars.
We’re used to breaking down complicated information so that you know what’s going on and who might end up paying for your wrongful death lawsuit.
