Legal Options After the Death of a Loved One

When you suddenly discover that your loved one has passed away unexpectedly, it can be one of the most devastating experiences of your life. As if things couldn’t get any worse, finding out that their death was caused by the actions of another can turn your grief into fury.

Thankfully, you do have legal options to obtain the justice both your family, and your deceased family member deserve. Read on to learn more about filing a wrongful death claim in New York City, and the damages that you’ll be able to secure if you win your case.

Filing a Wrongful Death Claim in New York City

Before anything else, you need to make sure of two things: one, that you get your claim filed before the statute of limitations expires, and two that you are actually entitled to filing the wrongful death claim in the first place.

In New York, you’ll have two years to file your claim in the court system. This is critical, because if you don’t file before the statute of limitations runs out, you will be barred from seeking the compensation you deserve.

Next, you need to be aware that only the personal representative of the decedent’s estate is able to file the wrongful death claim. This could be the surviving spouse, adult children, or anyone else that the decedent left the control of their estate under. It isn’t as simple as just any family member of the deceased being able to file the claim- it must be the designated representative.

What’s more, regardless of who the assigned representative is, any damages that are awarded will be held in the form of a trust by the representative for the surviving family members of the decedent.

When you’re ready to fight for the compensation your family deserves, work with an attorney to ensure that you know when the statute of limitations will run out, and to find out who is the designated representative of your loved one’s estate.

What Damages Will Be Included in Your Claim

Now that you know you have the right to file a wrongful death claim, you probably are wondering how much you can expect to recover. The amount will vary on a case by case basis, but for the most part, damages sought in a wrongful death claim are the same and will consist of:

  • Medical expenses the decedent incurred prior to their passing
  • Funeral and burial costs
  • Pain and suffering the decedent endured
  • Loss of inheritance, wages and benefits
  • Loss of support and household services
  • The loss of nurturing, care and guidance
  • 9% interest on the total damages from the date of the decedent’s passing

It’s important to note that while parents of a deceased child will be able to recover damages for lost services of their child, surviving family members do not have the right to seek compensation for their own loss of companionship, pain and suffering or emotional distress.

Your attorney can go over every single loss your family endured and ensure that no damage goes unaccounted for when calculating the value of your claim.

Speak With a NYC Wrongful Death Lawyer

The loss of a loved one is never easy, and when someone else is responsible for causing their death, they should be held accountable and brought to justice. You can work with a qualified wrongful death attorney in NYC to ensure that you get the most out of your claim.

A Day in Court for a Car Accident Case

Car accident cases are quite common in many parts of the world. Nobody prays to have an accident but if you drive an automobile, you may have an accident a few times in your driving career. Below are some things you should know if you ever have a day in court for a car accident case.

Most Accidents Fall under the Civil Case Category

In most cases, if you sue another party seeking compensation for accident injuries, this will fall under the civil case category. In this case, the defendant has no criminal liability, but there is a civil liability. If you win the case, you get paid compensation by the guilty party.

The Case Can Be Settled Out-of-Court

You can still withdraw the case even if you have already taken the other party to court. Remember that your aim is not to send the other party to jail. You just want compensation for personal injuries you suffered when the crash occurred. It follows if the other party comes up with a sensible out-of-court settlement, you should accept the offer. However, you should discuss the settlement with your lawyer before you accept it.

Preparing Your Case

You cannot afford to go to court if you have not made adequate preparation for the case. Look at things this way. You were involved in a car accident and the other driver was at fault. Your car was damaged and you sustained injuries in the crash. You want to have your day in court so that the court will compel the other party to pay you compensation. The first step is to consult a lawyer specializing in car accident cases. State your case and give the lawyer all the relevant details.

File the Case on Time

It is important to file the case at the right time because car accident cases have a statute of limitations. If you do not begin the legal process at the right time, you might run into a hitch down the line.

Seek Reasonable Terms

In car accident cases, it is important that you seek reasonable settlement. This is because the court is not apt to grant all your prayers. Discuss your needs with the lawyer and this expert will help you present a good case.

When You are at Fault

In case you are the guilty party, you should not take anything for granted. Consult a competent lawyer immediately after the accident and state your own side of the story. Do not presume the other party will be lenient with you. A qualified and experienced car accident lawyer will defend you and ensure that you get relatively favorable terms in court.

Final Word

A car accident case is not a criminal matter. It might be a huge inconvenience but you can cope with it if you consult the right legal expert. It does matter if you are the defendant or the plaintiff. Seek legal representation and you will get a good deal when you have your day in court.

Sources:

1.https://en.wikipedia.org/wiki/Traffic_collision

  1. http://www.wisegeek.com/what-should-i-know-about-car-accident-liability.htm

How To Find The Best Personal Injury Lawyer Utah Has To Offer

When it comes to finding the best personal injury lawyer Utah has to offer, one must follow a few guidelines to help simplify the process. According to Wikipedia, a personal injury attorney/lawyer is an professional who offers legal assistance to persons who allege to have been physically or psychologically hurt due to the the negligence or unlawful activity of another party.


A good personal injury lawyer should be knowledgeable and experienced with regard to tort law, which includes economic or non–economic damages and civil wrongs to a person’s rights, reputation, or property. Although they are trained and certified to practice any field of law, personal injury lawyers generally handle cases that fall under tort law. For example, automobile and other injuries, work injuries, slip and fall accidents, medical mistakes, defective products, and more.

Things to Consider Before Hiring a Personal Injury Lawyer

• The initial consultation should be free
• The lawyer’s experience matters
• One does not always need to file a lawsuit
• The lawyer’s fee
• Expenses are not always included
• One may need to pay back one’s insurance company
• Lawsuits take time
• There are no guarantees

Choosing the Best Personal Injury Lawyer in Utah

According to Lawyers.com, a good personal injury lawyer should help clients collect money to pay for permanent or temporary disability, lost wages, medical expenses, pain and suffering, and any other injury–related costs. Injured patients need representation and guidance, particularly at a time when they are vulnerable. At craigsswapp.com, injured people can explore their options and get detailed information on choosing and working with a personal injury lawyer.