Wrongful death litigation allows those whose loved ones have died due to another party’s negligence the opportunity to pursue justice and mitigate the financial strain of their loss. However, these cases are typically very complex, often leaving survivors confused about their rights and the best way to enforce them. Below are answers to some of the most common questions about these difficult cases.

Common Wrongful Death Litigation FAQs

What Constitutes Wrongful Death?

Wrongful death claims are actually considered a type of personal injury case, so any situation in which the victim would have been eligible to pursue damages had they survived may provide grounds for litigation. Some of the more common examples include fatalities related to automobile accidents, medical malpractice, and unsafe products.

How Is the Value of a Claim Calculated?

Putting a monetary value on a human life is difficult, but a victim’s survivors may be entitled to medical expenses and compensation for the decedent’s lost lifetime earning potential, pain and suffering, and their own diminished quality of life. Your attorney will weigh a variety of factors when valuing your claim, including your family member’s age, occupation, and the number of individuals they financially supported.

Who Is Eligible to File a Claim?

Each state assigns the right to initiate wrongful death litigation differently, so speak to a local attorney to ensure you have the standing to file a claim. In New York state, for example, only the personal representative of the victim’s estate can bring an action to court.

Do I Need an Attorney?

Wrongful death litigation is notoriously complex, requiring an in-depth understanding of the legal system and extensive experience. In addition to valuing your claim, your attorney will also collect evidence, negotiate with insurers, and file a lawsuit to collect damages, if necessary.

If you’ve lost a family member due to the carelessness or malice of someone else, Marc D. Orloff, Attorney At Law in Goshen, NY, will provide effective legal counsel you can trust. With over 30 years’ experience and a reputation for aggressive representation, you can rely on this accomplished legal team to help you collect the compensation you deserve. To learn more about their wrongful death litigation services and schedule a consultation, visit their website or call (845) 294-8974 today.