There is no experience more horrible than losing a loved one prematurely. The horror is even worse when the loved one’s death is the result of someone’s negligence or willful act. Though the loved one can never be brought back, some justice can be served through a wrongful death case. Just keep in mind that there are several things that should be done to help speed up the process. Paul Dansker explains that these include contacting a lawyer immediately, taking notes, providing documents, and taking objective advice.
Defining a Wrongful Death Case
A wrongful death case is a civil case that is brought against another individual or group, because their negligence or willful act caused the death of a loved one. In most states, the deceased must be a close family member or a life partner, and the family member must suffer some emotional or financial trauma as a result. Types of cases include accidental deaths, occupational hazards, medical malpractices, or even criminal acts.
Contact a Lawyer Immediately
Because laws in a wrongful death case might differ from state to state, family members need to contact a lawyer immediately. Time is critical due to statues of limitations, which if missed can result in losing the right to sue. In addition, a lawyer will prevent his client from signing anything that might damage the case later. Additional reasons to act immediately include impressing the jury and acting while the memories and the evidence is still fresh and easier to collect.
Write it Down
Memories fade and traumatic memories can be even more suspect for accuracy. As a result, it’s a good idea to take copious notes covering pertinent details and the sequence of events. Not only will these memories be more accurate if they are recorded closer to the event, but you are less likely to forget something or get tripped up in court when your testimony could be crucial to winning the wrongful death case.
Provide the Paperwork
The best way to expedite a wrongful death case is to provide the lawyer with all necessary documents. First, a death certificate is necessary for there to even be a case. However, other documents that might be useful include medical bills, medical records, funeral bills, proof of income for the deceased, and documents relevant to the job if the death was occupationally related. Of course, a lawyer can obtain many of these on his own, but this will only extend the time required to prep for the case.
Listen to Objective Advice
One of the most distasteful parts of a wrongful death case is determining the amount of damages to seek. Most people are too emotionally involved to set a dollar amount on the life of a loved one. That’s where a lawyer can help; he has an objective viewpoint and can guide the family member through the difficult decision. He will use such factors as pain and suffering, loss of projected income or pension plans, and any additional expenses incurred.
A wrongful death case is not something any family member would ever want to endure. However, thanks to the negligence or willful act of another, they may not feel like they have any other recourse. To speed up the process, contact a lawyer immediately, record notes as close to the event as possible, provide pertinent documents and listen to the lawyer’s objective advice. Though this might not ease the emotional trauma, winning can provide a sense of justice and help ease the financial burden.
Contact Paul Dansker & Aspromonte Associates a New York personal injury law firm specializing in Wrongful Death Case, child injuries, serious brain injuries; medical malpractice, motor vehicle accidents, falls, construction accidents, municipal liability, injuries to children and more.
At Paul Dansker & Aspromonte, we have extensive experience handling wrongful death litigation for clients throughout the New York City metropolitan area. We understand the impact of your loss and are prepared to help you obtain the financial resources you need to make it through this difficult time.
Serving Manhattan, Bronx, Queens, Staten Island, and the NYC Metro Area
Contact us today online or by telephone at 800-510-9695 to speak with a knowledgeable lawyer.
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