You have lost someone very close to you. And, now, you are grieving this loss.
On top of your loved one’s death, though, you are also dealing with economic losses — lost wages, medical costs, an expensive funeral, and the loss of your household’s income.
How can you pursue a wrongful death claim on Long Island? And, in doing so, how can you obtain compensation?
By the time you finish reading this guide, you will have answers to those questions.
If you would like to pursue a wrongful death claim on Long Island, reach out to one of Jacoby & Jacoby’s wrongful death lawyers today.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal claim that is brought against a party who caused the wrongful death of someone.
An example of a wrongful death on Long Island is as follows: Your loved one is killed by a drunk driver while crossing the street and, in order to deal with the losses, you file a claim against the driver for this death.
Some of the situations that can allow you to file a wrongful death claim are as follows:
- A construction accident
- A car accident
- A defective product accident
- A prescription error
- A slip-and-fall accident
Some of what you can obtain by filing a wrongful death claim is as follows:
- Compensation for the loss of income your loved one’s death created
- Compensation for your loved one’s healthcare expenses
- Compensation for your loved one’s funeral expenses
- Conscious pain and suffering of the decedent
How Can You Pursue a Wrongful Death Claim on Long Island?
To pursue a wrongful death claim on Long Island, you must be appointed a personal representative of the decedent by a surrogate’s court order.
If the conditions outlined above are met, you likely can file a wrongful death claim on Long Island. But, in order to obtain compensation, you and your lawyer must prove the act of negligence caused the person’s death.
In determining whether the other party was negligent, you and your attorney must prove the following:
- The other party had a duty to keep other people safe
- The other party failed to uphold this duty
- The other party’s failure led to your loved one’s death
- Your loved one suffered from losses including economics and conscious pain and suffering
For example, if your loved one was killed by a drunk driver, you may be able to obtain compensation for their negligence. This is because they had a duty to keep other people safe and they failed to uphold this duty, causing your loved one’s death.
Potential Challenges of Long Island Wrongful Death Claims
Out of the challenges a wrongful death claim can create, these are the most common:
- Being unable to prove negligence/strict liability
- Filing your claim after the two-year statute of limitations
- The other party claiming that your loved one contributed to their own death
- Filing your claim toward the wrong party
- Being unable to prove that the death was wrongful
- There are compensable pecuniary losses
None of the above are easy to deal with. But, if you work with an experienced wrongful death lawyer, dealing with these difficulties can be much easier.
Need Help Pursuing a Wrongful Death Claim on Long Island? Contact Us Today.
A wrongful death can lead to significant, life-changing financial and emotional losses. And, when you’re facing these things, as well as the intense grief caused by your loved one’s death, life can feel very challenging.
A Long Island wrongful death lawyer can guide you through the wrongful death process. We’re here to make obtaining the compensation you deserve a much easier process.
Are you ready to learn about your legal options? The wrongful death lawyers at Jacoby & Jacoby are here for you. Call us at 631-289-4600 or contact us online to obtain a free, no obligation consultation.
