Westbury Wrongful Death Lawyer

The death of a family member is devastating. If the loss of your loved one is the result of someone else’s negligence, it may be difficult to think about asking for damages from the liable party. A Westbury wrongful death lawyer can handle your legal matters during this difficult time, helping you and your family get compensation.

Levine And Wiss, PLLC has more than 100 years of combined legal experience on staff. Let our Westbury personal injury lawyer review your case and explain your legal options to you. Contact us today to schedule a free case consultation. 

Wrongful Death Definition

A wrongful death refers to a legal claim relating to someone’s death. In this type of case, an individual seeks damages from the party responsible for another person’s death. Reasons why someone may file a wrongful death lawsuit include:

• Bike accident
• Bus accident
• Car accident
• Construction site accident
• DWI accident
• Motorcycle accident
• Slip and fall accident
• Trucking accident  

A Westbury wrongful death attorney can answer any questions you have about these and other incidents that may warrant a lawsuit. At Levine And Wiss, PLLC, our lawyers can evaluate your case and help you determine if now is the time to file a lawsuit. For more information, reach out to us. 

Who Is Responsible for a Wrongful Death

One or more parties may be responsible for the death of your family member. Your lawyer can review the facts of your case and determine who is liable. Parties that may be at fault for a wrongful death include:

• Business operators
• Drivers
• Government entities
• Motorcyclists
• Truckers

If you are considering a death claim but are unsure about whether to move forward with it, consult with a lawyer. Ideally, it helps to choose an attorney who has received many positive client reviews.

This lawyer will give your case their undivided attention, ensuring you can decide if now is the right time to file your lawsuit.  

Who Can File a Wrongful Death Lawsuit

Per New York Consolidated Laws, Estates, Powers and Trusts (EPT) §5-4-1, a personal representative of a decedent (deceased person) is eligible to file a death claim. This representative may be a spouse, sibling, child, or other family member. Alternatively, a person may use their will to name someone to serve as their representative.

A wrongful death lawyer in Westbury can determine your eligibility for filing a claim. If you are able to submit a request for damages, your attorney can help you gather evidence to support your claim. They can also calculate your damages. 

You may ask for economic and non-economic compensation. A judge or jury may award economic damages for funeral and burial expenses, medical costs, and other quantifiable losses. You may receive non-economic damages for emotional distress and pain and suffering. 

When to File a Claim

The statute of limitations for wrongful death claims is two years from the date of someone’s death. This does not give you a lot of time for submitting a claim. Regardless, it is in your best interests to request damages promptly before you lose the right to do so. 

A wrongful death attorney in Westbury understands the challenges that come with filing a claim. They are compassionate and empathetic to the fact that you may be mourning the loss of your loved one. At the same time, they will do everything within their power to help you pursue compensation and hold an at-fault party liable for their negligence. 

Your lawyer prioritizes your case results, ensuring you and your family can focus on your own affairs while your litigation is ongoing. They keep you updated and communicate and collaborate with you. In addition, your lawyer puts you in a position to secure damages that will serve your family well long into the future. 

How to Get Damages in a Wrongful Death Lawsuit

Your lawyer builds a case designed to prove to a judge or jury that you deserve damages. They may use medical records, accident scene photos and videos, and other forms of proof to support your claim. Your attorney will focus on finding ways to show that the following elements of negligence were present at the time of your family member’s death:

• Duty of Care: A party had a legal obligation to avoid any acts that could put people in danger. 
• Breach of Duty of Care: The party was careless and reckless and committed an act that could harm others. 
• Causation: Because the party acted the way they did, your family member was killed. 
• Damages: You are dealing with economic or non-economic losses related to your family member’s death. 

Your attorney wants to make it clear to a judge or jury that the defendant in your case is fully responsible for your losses. With your lawyer’s guidance, you can make informed decisions throughout the legal process.

You may also be able to negotiate with a liable party or their insurance company and secure a fair settlement. 

Settling Your Lawsuit

With DWI accidents or other wrongful death cases, there are opportunities to settle outside the courtroom. Your lawyer will notify you if the defendant in your case proposes a settlement. At this point, it may be best to discuss the offer with your attorney. 

Your Westbury wrongful death lawyer can help you evaluate a settlement offer’s pros and cons. If your attorney feels a proposal is far less than what you deserve, they will let you know. You do not have to accept an offer unless it meets your expectations. 

If you are satisfied with a proposal, you can accept the offer and close your case. On the other hand, you may get a lowball settlement. If you reject this proposal, your attorney will let the defendant know, and you can keep exploring ways to strengthen your case. 

Get Legal Help with Your Wrongful Death Claim

Levine And Wiss, PLLC will work diligently and efficiently to make sure that you and your family receive maximum compensation in your wrongful death case. We are available to examine your case in detail. Contact us today to request a free case evaluation.