Six Common Wrongful Death Myths in NY - The Law Office of Carl Maltese Can Help

Wrongful death cases are some of the most difficult lawsuits to deal with. This is because not every attorney is equipped with the compassion, experience, and understanding that is required when representing clients who have just lost a loved one.

However, many myths further complicate things and leave surviving family members not knowing where to turn. In some cases, people may even decide not to seek compensation that would have alleviated some of the strain of funeral and burial expenses.

As one of the most trusted New York wrongful death attorneys, The Law Office of Carl Maltese is here to dispel these myths and offer assistance to those seeking compensation in wrongful death cases.

Bereaved family members can call and set up a free consultation with highly experienced New York wrongful death lawyers. Our team can also assist with common workplace accident myths in NY.

Who Can File a Wrongful Death Claim in New York?

Each state has its criteria regarding who is eligible to file a wrongful death claim. In some ways, these criteria can be seen as being more restrictive than filing an ordinary personal injury lawsuit.

According to New York law, the following rules are essential to determine who will file a wrongful death lawsuit after a loved one's death:

• A personal representative of the bereaved family may file a wrongful death claim

• The representative may be someone who is already listed in the will or an individual appointed by the court

• Affected family members can't file the wrongful death lawsuit directly

• A wrongful death claim can be filed on behalf of parents, children, a spouse, or other dependents who were supported by the deceased.

In wrongful death cases, the family's personal representative will act as a proxy even though it is family members who will benefit from the settlement. For more information, a Long Island wrongful death attorney may be able to help.

Six Common Wrongful Death Myths in NY

The following are some of the myths that are widely believed regarding wrongful death cases, even though none of them are true:

Myth 1 - Wrongful Death Cases Are All About Money

While one of the primary reasons for filing a wrongful death lawsuit is to get financial compensation, there is also a lot more to it.

In cases where the bereaved members feel that they have been wronged due to the manner of their loved one's death, a wrongful death claim can help right a wrong and bring a sense of justice. It also helps to hold the at-fault parties accountable for their negligence.

Another thing is that in cases where death was caused by defective products, a wrongful death lawsuit can save lives by forcing the manufacturers of the faulty products to make changes.

Myth 2 - Criminal Proceedings Preclude a Wrongful Death Lawsuit

While a loved one's death may result in criminal proceedings being launched against the at-fault party, this does not mean family members cannot also file a wrongful death claim.

Even if the accused individual is facing, for example, homicide charges, they can still be taken to civil court by the family.

Myth 3 - Insurance Companies Will Offer Fair Compensation

When it comes to compensating the loved ones of a deceased family member, most insurance companies will try to pay as little as they can.

This means the first offer that is presented to the family is usually much lower than what they deserve. As such, it is never a good idea to accept this offer without first consulting a good wrongful death lawyer.

Myth 4 - The Case Is Not Valid

While some wrongful death lawsuits may not have any merit, this is not for the family members to decide without seeking legal advice.

Sometimes, it may seem that a loved one's death was not anyone's fault when, in fact, a case may be made for medical malpractice or other forms of negligence.

An experienced lawyer can objectively look at the particulars of a case and decide whether there is enough evidence to seek justice against the at-fault parties.

Myth 5 - It’s Too Late to File a Wrongful Death Lawsuit

Unless the statute of limitations has passed, it is never too late to file a wrongful death claim. The New York wrongful death statute of limitations is two years from the date of the decedent's death.

However, even if more than two years have passed, it is still worth visiting a lawyer to explore all possible options.

Sometimes, exceptions may serve to extend this statute of limitations, such as in cases where the beneficiary is a minor or new evidence related to the decedent's death is uncovered.

Myth 6 - There Is No Need to Hire an Attorney

Even when a case seems to be straightforward, insurance companies will always look for ways to avoid paying fair compensation to the decedent's parents, children, or spouses.

Also, some cases, such as those involving medical malpractice or multiple responsible parties, may be too complicated for family members to deal with alone. This is why hiring experienced wrongful death attorneys is always recommended.

Steps to Take After a Loved One's Death

When it is suspected that a loved one's death was a result of someone else's negligence, it is important to take the right steps to increase the chances of receiving a good settlement offer.

As such, surviving children or other family members need to do the following:

• Gather evidence surrounding the death, such as police and doctors' reports

• Document all the fatal injuries that led to the victim's death

• Keep a record of medical bills and lost wages

• Do not accept the first offer from the insurance company

• Hire an experienced wrongful death lawyer

Possible Damages From a Wrongful Death Claim

When handled by a good attorney, a wrongful death lawsuit can result in a wide range of damages being awarded, such as:

• Medical expenses

• Lost income

• Burial and funeral expenses

• Loss of companionship

• Loss of parental guidance

• Emotional pain and suffering

Surviving Family Members Need an Experienced Attorney

An experienced personal injury lawyer can help a victim's family members take legal action and seek compensation from the negligent parties responsible for their loved one's death.

In New York, The Law Office of Carl Maltese is one of the leading law firms offering compassionate legal guidance in wrongful death cases. Call to set up a free consultation.