On average, it can take surviving family members anywhere from a few months to a number of years to settle a wrongful death claim. Few things are as devastating as losing a family member as a result of another party’s negligence or recklessness.
For families who do lose someone, everything changes in an instant. Surviving family members are often left to put the pieces of their lives back together while facing mounting bills. A wrongful death lawyer in New York can walk you through the legal process to ensure your family recovers the compensation they deserve.
The Factors that Play into How Long It Takes to Settle a Case
The amount of time it will take to resolve your wrongful death claim depends upon multiple factors.
A couple of these factors include:
- Whether there is a dispute over who the at-fault party is: In cases where the other party’s negligence is obvious and they accept liability without argument, settlements can be reached in a more timely fashion. In cases where the at-fault party is not immediately evident or when there is a dispute between multiple at-fault parties over liability, it can take longer to investigate, exchange discovery materials, and hold depositions.
- Whether the parties can agree on the fair value of your damages: Another major consideration that can affect the time it will take to resolve your claim is arriving at a sum of money that will fairly and adequately compensate the victims’ family for each and every aspect of their damages, including their physical, emotional, and economic losses.
Even when the parties may agree as to the proportions of fault, agreeing to a sum of damages is often the most complicated part of the claims process.
You Can Secure a Settlement without Going to Trial
If both parties agree on who is at fault, there may not be a need for a trial. In most instances, a wrongful death case can be resolved by the parties through negotiation once the “discovery” period is completed. Avoiding a trial usually results in a quicker resolution of your claim.
Though not likely, you might not even need to file a lawsuit. In some instances, the responsible party may agree to a fair settlement during the claims process. This kind of quick resolution is not particularly common.
In Some Instances, Going to Trial Is Necessary to Secure Justice
Though taking a case to trial before a jury in court often increases the time it will take for you to receive the compensation your family deserves, in many cases, it is necessary when the at-fault parties do not offer fair and just compensation.
An experienced and dedicated wrongful death lawyer will prepare every case for trial before a jury in court to show the opposing side that you are willing, able, and prepared to fight for what is fair and just.
Your Time to File a Wrongful Death Claim Is Limited
Another reason that you should consult a lawyer after the death of a loved one in an accident is that there are deadlines that limit your rights to bring a wrongful death claim. If you fail to bring your claim within a certain time, you may be forever barred from receiving the financial compensation you would otherwise deserve.
Potential settlements can include compensation for:
- Funeral and burial costs
- Medical expenses for any treatments provided before your loved one’s death
- Pain and suffering experienced prior to death
- Loss of wages and financial support
- Loss of companionship
- Loss of spousal and parental guidance and support
Why You Should Consult a Lawyer
Surviving family members can find themselves confused as to whether they need a wrongful death lawyer to pursue a financial settlement. Some family members believe that handling their claims without lawyers will result in a faster resolution of their cases. This is possible, but not likely.
Hiring a lawyer is not a requirement, but utilizing their knowledge and resources protects your rights and often results in a significantly larger recovery. If you feel that a loved one died as the result of an accident, call Dansker & Aspromonte Associates LLP for a free no-obligation consultation. Do not speak to an insurance representative or attempt to negotiate a resolution of a wrongful death claim without first speaking to our team of lawyers.
We Can Help You Secure Compensation in Your Case
If someone you love died as the result of an accident, your family may be entitled to substantial compensation. Even if you are not sure whether you have a strong claim, speaking to an experienced and dedicated team of lawyers like those at Dansker & Aspromonte Associates LLP will give you peace of mind that you are doing everything you can to seek justice and get the answers you deserve.
That doesn’t mean, however, that the mere fact that your loved one died in an accident entitles you to compensation. The unique facts and circumstances of the accident must be examined in order to prove, with legally permissible evidence, that someone was negligent. When you call us for a free consultation, our lawyers will explain the law, give you advice, and explain the steps necessary for bringing a claim.
The sooner you call, the sooner we can begin your claim. If we agree to accept your case, you will not be required to pay us any money upfront. We only earn a legal fee when we recover compensation.
We Can Interview Witnesses and Gather Evidence You May Not Be Able to Get to Help Strengthen Your Case
Dansker & Aspromonte Associates LLP has been fighting for the rights of injury victims and their families since 1988. Our decades of legal experience have taught us that the key to every successful case is a careful and thorough investigation of the facts, and a willingness to present every case at trial before a jury to promote the largest recovery for you.
Wrongful death cases can result from a wide variety of events including worksite or construction accidents, motor vehicle or pedestrian collisions, slip or trip and falls, nursing home negligence, medical malpractice, and many others.
Every case begins with a careful investigation which may include:
- Obtaining all police and incident reports
- Interviewing witnesses
- Securing video footage of the accident, if available
- Consulting experts or engineers regarding accident reconstruction
- Conducting on-site inspections
- Taking sworn statements from all involved parties
- Demanding internal records and files from the at-fault party
- Filing all claims in a timely manner
- Gathering medical and hospital, autopsy, and other injury records
- Evaluating all economic damages, employment, and pension records
- Determining the full range of services performed by your family member
- Quantifying all hospital and medical expenses
These are just a few examples of some of the actions we will take to evaluate and prove the full extent of the damages your family has sustained.
