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$2.2 Million Settlement
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What is Wrongful Death?
A “wrongful death” arises when a negligent and/or illegal act causes the death of another person. Careless, reckless, or senseless acts with deadly consequences can result in a claim. Wrongful death claims can result from a range of negligent acts, including:
- Motor vehicle accidents
- Workplace accidents
- Premises Liability (“slip and fall” accidents)
- Truck Accidents
- Pedestrian and cyclist accidents
- Product defects
- Medical malpractice
Often these claims lead to a lawsuit filed against the at-fault party. In addition, other individuals or parties may show interest in the case. If the defendant holds an insurance policy, that insurance company has an obligation to get involved.
Wrongful death lawsuits are paid for by a variety of people or parties. The most obvious possible party that would pay damages in a wrongful death lawsuit is the individual or entity that caused the death. While the defendant is usually responsible for damages, they aren’t always the one who pays for the award or settlement. This is often the case with car accidents, as drivers usually depend on their liability insurance policies. Depending on the situation, other parties may be liable in addition to the at-fault party (for example, the defendant’s employer).
Wrongful death claims can be complicated; we do not recommend that you attempt to manage a wrongful death claim on your own. Call Martin+Colin, P.C. now at (914) 771-7711 now for your free consultation.
You and your lawyer must first work together to determine if you have the right to file a suit before pursuing a wrongful death case. Laws vary across states about which family members may file a wrongful death action after the accidental death of a loved one.
Before you and your lawyer can file a wrongful death case, you must decide if you have the right to file suit. In New York, the executor of the estate must file a wrongful death claim. As per New York intestacy laws, if the decedent did not designate an executor, the court will appoint someone with that authority.
If a lawsuit is successfully made by another party, you may qualify for compensation, even though you did not file the claim. Call Martin+Colin, P.C. today at (914) 771-7711 for a free consultation.
Proving A Wrongful Death Case
Although it is not simple to prove a wrongful death claim, you can strengthen your case with good legal counsel. As with other cases of negligence, a plaintiff must establish four things to win their case:
Frequently Asked Questions
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How long will a wrongful death lawsuit take?
Wrongful death lawsuits are all different and vary in length. Many factors determine the duration of a claim. A settlement among the parties in the case is preferable to filing a lawsuit. If the claim results in a lawsuit, it can take years to reach a settlement, if one is reached at all.
The best option is to settle a wrongful death claim quickly over the course of a few months. If liability is undisputed, negotiations usually focus on determining an equitable amount of award. Some cases may result in a settlement, making a lawsuit unnecessary.
The process sometimes takes longer if liability is disputed in a wrongful death case. If a case results in a lawsuit, it prolongs the time to reach a resolution. It can take several years for wrongful death cases to come to resolution, as determined by how involved the discovery process is and the court’s caseload.
How do you win a wrongful death lawsuit?
One wins a wrongful death lawsuit the same way one wins a personal injury claim: it must be demonstrated that the person who caused the death of your loved one acted in negligence.
Four main components apply when proving negligence: showing duty of care, demonstrating a breach of that duty, proving causation, and assessing damages. Failing to establish all four will lead to a failed claim and lawsuit.
Establishing a duty of care can be more or less challenging, depending on the details of the claim. In car accidents, a duty of care may be obvious; however, it is difficult to demonstrate in a premises liability claim. One must prove that the defendant violated a duty of care to the deceased. Any careless, senseless, or intentional action that resulted in the death of your loved one can qualify as such a breach.
The final two things necessary to demonstrate negligence are causation and damages, which are closely linked. A causal link must be proven between the defendant’s breach of duty and the plaintiff’s damages stemming from the untimely death of their family member.
What is the average settlement for wrongful death lawsuits?
While there are no comprehensive national statistics regarding average wrongful death damage settlements or court verdicts, we know that they are both common and widespread. The dollar amount of wrongful death settlements ranges greatly from tens of thousands to millions. Elements relevant to the financial settlement in a wrongful death case include:
- Age of the deceased
- Future earning potential of the deceased
- Loss of pension plans or retirement benefits
- Burial and funeral expenses
- Medical bills
- Insurance policy limits
Your lawyer is the best ally and expert in knowing the details of your unique case and projecting what compensatory damages you may receive.
Who gets the money in a wrongful death lawsuit?
In New York, the deceased person’s survivors are awarded damages in a successful lawsuit are awarded to the deceased person’s survivors. State law requires that a personal representative of the deceased (i.e., the executor of the will or estate) must file the lawsuit, but the following surviving family members are entitled to recover damages from the negligent party:
- The surviving spouse
- Children, stepchildren, and adopted children
- Parents and siblings
- Siblings, nieces, or nephews
- Any family financially dependent on the deceased at the time of death
If none of the relatives listed above survive, damages will be distributed in accordance with the deceased’s will, or absent a will, in agreement with New York intestacy law.
Thinking about how to manage a wrongful death settlement? Call our law firm today: (914) 771-7711.
Is wrongful death a crime?
Wrongful death claims are civil lawsuits, not criminal legal cases. They can result from the negligence of an individual or party that leads to death. Violent crimes such as murder could lead to a wrongful death case, but not all wrongful death claims involve criminal action. Wrongful death claims are civil lawsuits filed by private attorneys that can lead to financial awards against the defendant.
The local district attorney or prosecutor decides whether to pursue a case and is responsible for filing criminal charges against those at fault. If the state wins a criminal case, it often results in fines and/or prison time.
Criminal legal cases and wrongful death claims can proceed concurrently, and this will not affect your right to file a lawsuit. Some states require that the defendant in civil legal cases must hold off until the criminal case process is complete.
Are wrongful death settlements taxable?
As per IRS Rule 1.104-1, wrongful death settlements and verdict awards are not taxable. The IRS may only tax income. The income tax laws are not applied to monies that the IRS does not categorize as income. Money from a wrongful death settlement is meant to provide some relief for the untimely loss of a family member, and it is unjust to tax that money as income. Some exceptions apply to this rule, so always talk to your attorney if you have questions regarding tax liability.
What does a wrongful death lawyer do?
This specialized type of personal injury attorney can provide a variety of services to clients. Their work for a wrongful death claim usually starts with a comprehensive investigation. The lawyer will review the circumstances of your loved one’s death and decide if you qualify to file the lawsuit. In addition to determining your right to file, the lawyer will help you get the financial compensation you deserve, even if another person files the lawsuit.
After an attorney has completely investigated the events surrounding your loved one’s death, they will advise you about your chances to receive compensation. Your attorney will manage all aspects of the wrongful death case and communicate and negotiate with culpable parties. If a settlement is not reached before the case goes to court, your lawyer will represent you in filing the lawsuit.
Your attorney is your advocate and your litigator. They correspond on your behalf with the defending party and their attorney, as well as the insurance company, so you can focus on your grief and family.
