The Role of a Wrongful Death Attorney
The Role of a Wrongful Death Attorney
If you know someone who has died as a result of someone else’s negligence, wrongful act, or misconduct, our hearts go out to you. When you have suffered such a tragic loss, you feel it deeply – especially when injustice robbed you of your loved one.
Who was to blame? Can you hold that person or entity responsible for what happened? Who can help you make the most of wrongful death lawsuits?
The wrongful death attorneys of Hill & Moin LLP, based in New York City, can do more than answer these questions. We are also prepared to give you legal advice you can afford while offering you the solutions you need.
Even if you are just a little bit curious as to whether retaining a wrongful death lawyer would be worth it in your case, we welcome your call. Hill & Moin’s compassionate representatives are standing by 24/7 – so feel free to call (212) 668-6000 anytime, day or night, to schedule a free consultation with our legal team.
Evaluating Your Situation to Get Started
Before legal action is set in motion, your wrongful death lawyer must first identify the party who is eligible to file the wrongful death lawsuit.
It’s possible that you, even as a surviving family member of the deceased, will not be eligible to file the wrongful death lawsuit in your name. This may not mean, however, that you will be barred from compensation.
The estate representative, named in the deceased’s will, may bring the wrongful death claim. By New York State law, only the spouse, children, parents, or parent’s children may otherwise file the lawsuit.
Yes, the jurisdiction of your case matters – and laws always change. Hill & Moin, though, has the resources and know-how to clarify your options for you.
Our New York wrongful death lawyers keep on top of the changing statutes and can let you know:
- Whether you have a solid wrongful death claim
- How much time you have to file your wrongful death lawsuit
- Who in your family can bring the wrongful death claim
- Who is truly liable for the wrongful death
- What damages you may qualify to receive
- How much compensation we have won for similar wrongful death cases previously
To collect all the information we need, our wrongful death attorneys may ask you detailed questions such as:
- What was the cause of death?
- Did your loved one pass right away, or did he or she suffer for some time after an accident?
- Where did the accident take place?
- Who do you think caused the wrongful death?
- Could there be another causal factor that you are unaware of?
- Who saw what happened?
It could be that some of the above questions don’t quite fit your situation. This is quite understandable. Wrongful death cases can arise from a variety of situations, including car accidents, slips and falls, medical malpractice, workplace accidents, use of defective products, and more.
No matter how your loved one came to pass, and whether or not you are sure you have a solid potential claim, come talk to the compassionate wrongful death attorneys at Hill & Moin LLP. We can identify and narrow down the best possible options for you.
Working Hard on Your Behalf
Please be aware that it is incredibly difficult to represent a personal injury case – even what may seem like a straightforward wrongful death lawsuit – on your own. Deadlines need to be met. Extensive documentation must be prepared.
To meet these challenges, you can put our time and efforts to work for you. Experienced New York wrongful death lawyers, including those at Hill & Moin LLP, have what it takes to make the most of your wrongful death lawsuit, protect your rights, seek justice for your family, and take your case all the way to court if necessary.
No need to worry – despite any challenges or complications that you anticipate regarding your potential wrongful death claim, we can give you ways to tackle those obstacles.
When Hill & Moin LLP takes on your case, you can also trust us to tell you when to accept an agreement – and when to hold off on signing the settlement papers. To stay informed enough to identify fair compensation, it takes legal knowledge, experience, and skill. That’s why wrongful death lawyers are here to help.
The legal team at Hill & Moin has decades’ worth of know-how that we would like to use to help you come away with a fair amount and a more stable financial situation for your family.
Maximizing Your Wrongful Death Claim by Using Everything At Our Disposal
Together, we can consider who in your family may file a wrongful death claim, how extensive the financial repercussions of your loss have been, and even how much total amount of money you may be entitled to receive. It could be that you qualify to receive a much larger sum than you imagine now.
We know how to maximize your compensation – that’s what makes working with a wrongful death attorney especially worth it. Not only do we have the experience, but we also have the resources and contacts to prepare a solid case in your favor.
For one, wrongful death lawyers know who to call – take expert witnesses, for example. These could be:
- Medical experts
- Vocational experts
- Engineering experts
- Forensic experts
- Financial experts
Whether your case goes all the way to trial or not, the testimony of doctors or nurses can be useful in establishing the medical facts of a wrongful death case. In the case of a tragic car accident, accident reconstructionists are the experts we could call upon to lend their expertise and prove your side of the story.
Your wrongful death lawyer will also be able to take care of gathering all evidence and relevant police reports while you are free to focus on your recovery and on your family’s well-being.
After all, you probably don’t have the energy or mental capacity at this time to handle such a weighty legal matter – so please just leave things to your attorney. This can mean a higher settlement than handling the legalities by yourself.
Addressing All the Complications of Determining Liability
Even the notion of filing a wrongful death lawsuit can feel overwhelming – even impossible. We at Hill & Moin understand such anxiety and reluctance, which is why our attorneys went into the legal profession in the first place – we want to help you and have the ability to lessen your burdens.
After we take on your case, the “pre-litigation” phase continues with us examining every factor of what happened and how your loved one came to pass away. Why? In order to determine liability.
Liability is the main factor that must be established by the evidence. Simply put, the liable party is responsible for your loved one’s death. In New York, this means that the same party is thus legally responsible for compensating you for the resulting financial damages.
The following steps must be taken in order to determine who is liable in your wrongful death case:
- Investigation: Gathering documents, interviewing witnesses, and consulting experts
- Review of laws and regulations: Your attorney will review the laws and regulations that apply to your case to determine which legal standards and duties may have been violated
- Identify the at-fault party: Your attorney will identify the party who is shown to be liable for the wrongful death; this could be an individual, a company, a healthcare provider, a driver, or any entity whose negligence or wrongful actions contributed to the death – maybe even multiple parties are at fault
- Establish wrongful conduct: To prove liability, your attorney must demonstrate that the at-fault party was negligent or engaged in wrongful conduct that directly led to the wrongful death; this typically involves showing that the liable party breached a duty of care owed to the deceased
- Find causation: It is crucial to establish a direct link between the at-fault party’s actions and the death; your attorney must prove that the negligent or wrongful conduct was a substantial factor in causing the death
- Calculate total damages: Your attorney will also work to establish the damages suffered by the surviving family members as a result of the wrongful death; in New York, wrongful death compensation is limited to economic losses such as medical expenses and funeral costs, so you cannot receive emotional damages such as pain and suffering
Clearly, determining liability in a wrongful death case can be complex. Each case is unique, and the specific steps to be taken until resolution may vary based on the situation and the laws of the jurisdiction where the case is filed.
Thus, such situations call for the assistance of an experienced wrongful death lawyer who can build a compelling case on your behalf based on the evidence and legal principles involved.
Could it be that multiple parties share liability in your case? Suppose, for instance, that someone passes away due to being severely injured by a defective product. In such a case, we must look at the designer, manufacturer, and distributor of that product in order to determine the liability of each party. It could be that all three share responsibility for the accident.
In any case, the evidence must show that each party you sue is indeed responsible for what happened.
Once liability has been established, we will know who to file a wrongful death lawsuit against. And so the litigation is finally set in motion.
Seeing a Case Through to Completion
A wrongful death lawsuit, like any legal claim, calls for extensive paperwork to be completed – and all on time. Your wrongful death lawyer can prepare and file the necessary legal documents before the statute of limitations, as set by New York State laws, runs out.
Next, the defense will have the chance to respond to the complaint, either admitting to or denying the allegations. They may also file motions to dismiss the case or seek to have certain allegations dismissed.
From there, both sides of the wrongful death case engage in what is called the “discovery” process, during which they exchange information, documents, and evidence relevant to the case. This phase helps to establish liability and damages further.
Then negotiations can finally begin between the suing and liable parties. The goal is to come to a settlement that both sides can agree on.
It may be possible to reach an agreement on a fair amount of compensation before going so far as a trial in civil court. In fact, this is rather common among civil claims, which include wrongful death cases.
On the other hand, if a settlement cannot be reached in our client’s favor, our wrongful death attorneys are prepared for the next step: going to trial.
Taking Your Case All the Way to Court
Perhaps the liable party is somewhat imposing – a widely acclaimed doctor who performed medical malpractice or a car manufacturer who produced a faulty part that caused a car accident. Regardless, experienced attorneys will not be intimidated to represent you at a civil trial.
Rather, even when a successful out-of-court settlement has been our expectation, you will find that we have prepared for the possibility of an eventual trial anyway.
We will not be caught off guard by the change in the situation. At Hill & Moin, our team members will be ready to evaluate the situation when it comes along, make our recommendation to you, and then let you make the final decision regarding going to trial.
Either way, we will make our recommendation out of care for your best interests. Depending on your situation, you could be awarded a much more fair settlement by the judge or jury. However, there are times when settling out of court is more advantageous – to avoid high litigation costs, for instance.
When a wrongful death lawsuit does go to court, what happens? During the trial, both sides present evidence and arguments to prove or disprove liability and damages.
Your wrongful death lawyer can help show the judge and jury how the evidence backing up your wrongful death claim shows that the responsible party allowed a dangerous condition to exist or develop, or performed negligence in some other way, which led to your loved one’s death.
Finally, a judge or jury will make a determination and issue a verdict. If the defendant is found liable for the wrongful death, then compensation will be awarded to the surviving family members.
As you can see, wrongful death attorneys are the strong advocates you need at a hard time like this. If we take on your case, we work hard to protect your rights and best interests. We want to achieve the ideal outcome for you.
Giving You the Options You Need
“Free advice” is perhaps not as fitting a term as “invaluable advice.” Either way, that’s what you will find at Hill & Moin LLP serving New York.
We offer free consultations to ensure that everyone has a fair chance to get quality legal counsel and guidance. That’s also why we take all cases – including wrongful death claims – on a contingency basis. This means we only get paid when you get compensated.
After all, we don’t want to add to your burdens, whether financial or emotional. Rather, we want to empower you with the options to see you get both justice and compensation – along with peace of mind.
Thus, even if your case does not fall under our jurisdiction, Hill & Moin still has your back. We have a wide network of trusted attorneys and law firms who we can recommend to take on your case when we can’t.
Why is this important? Because we want the best for you. You deserve to have your concerns addressed, needs justified, and compensation maximized.
If we do direct you to another firm, please be assured that we would not make such a recommendation unless we are positive that the law firm we direct you to can serve you as well as our law firm would – with compassion and skill at winning large judgments and settlements for clients.
Finding Compassion and Care for Your Needs
Working with an experienced wrongful death attorney is not only crucial in resolving the financial repercussions of your loss – it also brings you peace of mind.
Let your wrongful death lawyer navigate the entire legal process and protect your rights while you can focus on yourself and on your family. That is certainly what Hill & Moin wants for you.
With attorneys who have become known for making clients feel like they have a “lawyer in the family,” why wouldn’t you want to come speak to Hill & Moin’s attorneys? We have the empathy – in addition to decades of experience and knowledge – to handle your wrongful death case with care and compassion.
Come talk to us to learn whether the Personal Injury Recovery SolutionsⓇ we can offer suit your and your family’s situation. Representatives of our New York City team are standing by 24/7 to take your call, so dial (212) 668-6000 anytime to get a head start on your potential legal case.
Don’t wonder about your rights!