Staten Island Wrongful Death Lawyer
Losing a loved one causes immense pain. Moving forward can be difficult and take a long time. The pain is even greater if someone else’s actions resulted in a family member’s wrongful death, and you may feel that your family has suffered an injustice. Between 2017 – 2019 in NYC wrongful death was the leading cause of death for individuals between the ages of 15 – 44.
Sadly, wrongful deaths bring financial problems, especially if the sole provider of the entire household is no longer with you. Fortunately, personal injury law allows Staten Island to be compensated for all damages caused by this unexpected loss.
While no amount of monetary awards can delete your pain and bring a loved one back, it will at least allow you to seek justice by holding the responsible party liable.
A Staten Island wrongful death lawyer at Kuharski, Levitz & Giovinazzo, Esq. can file a claim on your behalf and help you preserve financial stability, so you can take care of all costs that will arise after such a tragic event.
Who Can File a Wrongful Death Claim?
The request to legally proceed with the process that will allow you to be compensated after a wrongful death can be done by immediate family members like parents, spouses, children, or an individual who was appointed as a representative of the estate. Other members like cousins and siblings can also proceed if they’ve been named as personal representatives or guardians.
If you’re not one of these groups but think you may be eligible for compensation, talk to your lawyer about your options to be included. For example, you may be a close family friend who suffered financial losses because of a Staten Island accident, such as funeral expenses. Your lawyer can determine your options for seeking funds.
You Shouldn’t Wait to File a Staten Island Wrongful Death Claim
While it’s a normal reaction to put your life on hold while you’re suffering, it’s not recommended to do so when facing a Staten Island wrongful death claim. In New York, you only have two years from the date of the passing to take legal action and receive the money you deserve. Waiting too much or letting this deadline expire means forfeiting your rights to compensation.
Depending on the circumstances, this rule might be applied differently. For this reason, you should inform a Staten Island wrongful death attorney about what happened as soon as possible, so you can explore all your options before it’s too late.
An additional reason to proceed is that evidence is usually easier to obtain in the short term, especially if your case involves witnesses. Evidence can be lost or destroyed over time, so acting now can provide you with the full amount of evidence you can get.
Is Proving Wrongful Death Difficult?
Legal issues can be hard to deal with when you don’t have extensive knowledge of the law. Trying to prove a wrongful death case without legal representation wouldn’t be a smart choice, especially when you’re suffering and don’t feel like you’re in the best place mentally. Defendants and insurance adjusters won’t hesitate to take advantage of your emotions to avoid paying out.
You may need a skilled wrongful death attorney in Staten Island by your side, as you never know how circumstances and external elements could influence your case. They can also help you prove the existence of the fundamental factors that lead to a formal claim, such as the duty of care and an eventual violation of this concept.
Defining the Duty of Care
For a Staten Island wrongful death lawsuit to exist and for a defendant to be considered responsible for the fatal accident, you’ll need to prove that they owed a duty of care towards your loved one. A common example of this is represented by the rule that tells all drivers to keep the roads safe and stay focused behind the wheel.
A violation of the duty of care proves the existence of negligence or an intention to cause harm are among the key elements you’ll need to receive a good settlement offer. It’s for this reason that a reputable wrongful death attorney will focus on this step before anything else.
Your Loved One’s Death Is a Direct Result of Negligence
Your next step will be to prove how a defendant’s negligent actions directly caused your loss. When negotiating with insurance companies, it’s not rare for adjusters to argue your relative’s death was caused by a pre-existing condition or by events not linked to an accident. If these accusations stick, it would cause your Staten Island wrongful death claim to lose all its value.
This step is as difficult as it is critical to your chances of filing a successful claim. Proving it requires an amount of evidence that can’t be rejected or ignored by insurance companies. Even after doing so, they might still use other strategies to minimize your claim’s value. You should always speak with your Staten Island wrongful death attorney before accepting offers.
The Loss Caused Damages
Last but not least, you’ll have to demonstrate how a Staten Island wrongful death resulted in quantifiable damages. To do so, you’ll need documentation that can be used to calculate the amount of compensation you’re able to receive, like hospitalization and medical expenses, funeral and burial costs, loss of income, and anything else that negatively impacts your life.
A wrongful death attorney in Staten Island will make sure to include your pain and suffering in your compensation, along with loss of guidance, consortium, and all relevant damages that can’t be assigned a specific monetary value. Maximizing your settlement amount isn’t easy, but it becomes less stressful and overwhelming with a professional by your side.
Obtaining Evidence for Staten Island Wrongful Death Claims
Obtaining evidence after a Staten Island wrongful death is as important as proving the existence of key elements. Your evidence can back up your version of the facts and provide a jury with factual reasons why you need to receive adequate compensation.
You’ll need different types of documentation that are unique to each wrongful death case. Below are just a few options you may need for a Staten Island wrongful death case.
Medical Records
Medical records are one of the most crucial factors in Staten Island personal injury cases. They accurately describe what your loved one was going through, their injuries, treatment plans, and end-of-life care. They can help you build a strong case, as documentation proving the presence of fatal wounds that led to your loved one’s passing can’t be ignored.
Your Staten Island lawyer can also request expert testimony through their support network. A qualified healthcare professional will examine your relative’s medical records and release a statement declaring how the at-fault party’s negligent actions are connected to their injuries. This can demonstrate a breach of the duty of care and how your loss could have been prevented.
Witness Testimony
An account given by a neutral third party can often be the piece of evidence you need to have a successful Staten Island wrongful death claim. It would be in your best interest to compile a list of witnesses and gather their contact information, especially if your case needs to go to trial.
This step might be difficult for an individual who’s still mourning the loss of a family member. You can also let your Staten Island wrongful death attorney take care of this procedure. Doing so will let you spend time with other family members who may be experiencing the same pain, while still taking your case forward and looking for fair compensation.
Accident Reports
If your loved one was involved in a Staten Island accident and it caused their death, it likely means that the police were called. When Staten Island police officers investigate car accidents, they file a report that contains important details and all information about who was hit and how the collision happened, which might be vital to your case’s successful resolution. DMV keeps accident reports for only 4 years from the date of the accident, except for rare instances that are described in Vehicle and Traffic Law Section 201(i).
You can obtain this piece of evidence by going to the nearest police office to the accident scene, or you can speak with an attorney who will send a formal request. They will evaluate it and use it during negotiations. This will also stop the negligent party from denying their involvement or trying to put the blame on your loved one.
Pictures and Recordings
While photos and recordings might be difficult to obtain if you weren’t at the scene of the accident, you can still collaborate with witnesses who might have been able to gather the evidence you’re missing. Pictures of injuries, road conditions, and damage to personal items are what you’re looking for in this scenario.
Your attorney can also issue a subpoena to obtain CCTV footage. A video that clearly shows what happened could be the key to success and a quick resolution for a difficult case where multiple negligent parties are involved. The same is true if insurance companies are trying to waste time or want to dismiss your claim while declaring an insufficient amount of evidence.
Should I Accept a Quick Settlement Offer?
It’s not unusual for insurance adjusters to quickly try and get a hold of family members after a wrongful death, but you should never accept a settlement offer that comes too fast. The dynamic of your loved one’s passing might still be unclear, and there’s a high probability that you’re getting lowballed by the insurance company.
Adjusters are very good at appearing friendly and providing you with an offer that looks good initially but won’t be enough to cover all costs and damages in the long run. The only individual interested in your compensation is your Staten Island wrongful death attorney, and they’re the only ones you should trust once you’ve made the decision to take legal action.
What Can I Expect from a Staten Island Wrongful Death Case?
There’s no definitive answer to your Staten Island wrongful death claim’s value. It depends on the circumstances that led to a loved one’s passing and all the damages you suffered as a consequence. The compensation varies on a case-to-case basis.
Your lawyer can give you a specific, personalized answer. This answer can help you feel secure that your expenses will be paid and your family will be able to recover.
Seek Help from a Staten Island Wrongful Death Attorney
Seeking justice by yourself involves going through many difficult legal processes where a mistake could leave you unable to recover financially. Our team of wrongful death lawyers at Kuharski, Levitz & Giovinazzo, Esq. has dealt with many cases like yours in the past. Our primary interest is in providing you with the best compensation available for your case.
We can help you determine the right path to follow while being comprehensive of your pain. You can get started today with a conversation between you and a Staten Island wrongful death lawyer. All you have to do is call our office at 718-448-1600 or complete the online contact form below.
Citations
10 Leading Causes of Death, New York City, 2017-2019, NYC.gov
https://www.nyc.gov/assets/doh/downloads/pdf/ip/ip-death-all-rank.pdf
Crash (accident) reports, dmv.ny.gov
https://dmv.ny.gov/dmv-records/crash-accident-reports