Accident And Injury Attorneys


Abogados De Accidentes

How Long Does It Take to Settle a Wrongful Death Claim?

It could take weeks, months, or even years to settle a wrongful death claim. The progression of one’s case depends on a multitude of factors–some of which do not pertain to all situations.

A lawyer from our firm will keep your case moving forward and keep you up to speed on all necessary updates.

mourners gathering together at a funeral

What Could Help Your Wrongful Death Claim Move Forward?

There are many things that could keep your wrongful death case from moving forward. The issue of liability, the cause of your loved one’s passing, and the cost of your damages could play a role in the insurer’s willingness to settle your claim.

On the other side of the coin, however, there are things that can help your case progress. These things include:

The Strength of Your Evidence

Insurance companies do not want to pay out fraudulent claims. As such, when someone files a wrongful death claim, they will look closely at all of its supporting evidence. If you do not have enough evidence or the information you present is not compelling, your claim could be denied.

Our team will look for all available evidence to support your right to fair compensation. Some supporting information in your case could include:

  • The police report
  • Your loved one’s death certificate
  • Documentation of your loved one’s end-of-life medical care
  • Information from your loved one’s healthcare team
  • Photos of your loved one’s injuries before their passing
  • Your loved one’s medical records

We do not want to leave any of the insurer’s questions unanswered while we negotiate for compensation. That requires providing sufficient evidence. According to our Long Island nursing home wrongful death lawyer, the more evidence you bring to sustain your case, the less chances the defendant has to use the comparative negligence defense. Insurance companies will try anything to pay you less money, so trying to shift the blame on the victim is not beyond the realm of possibility. However, with enough documents, testimonies, and other evidence, you can make a strong case and get the damages you seek.

Your Ability to Prove Liability

Wrongful death claims are serious matters. The insurance company might reject your claim if they believe that they are not liable. However, we can prove liability by:

  • Identifying the at-fault party
  • Highlighting the liable policy
  • Calling in accident reconstruction specialists (if applicable)

Even after presenting this information, if the insurance company does not pay for your damages, we will let the courts decide on the matter.

The Statute of Limitations in Your Case

By neglecting to promptly seek our help, you risk having the statute of limitations run out on your case. EPT §5-4.1 generally grants two years for you to file a lawsuit after your loved one’s passing. If the case is cutting it close to the deadline, the insurer might purposefully delay proceedings so that you are ineligible to recover damages.

Moreover, evidence like traffic camera footage could become unavailable over time. This lack of information would make your case less compelling. By filing your case in accordance with the deadline, you could protect your right to seek damages. You can also work against the insurer’s attempts to stall your case.

Do Not Let Time Affect Your Decision to Seek Compensation

As you celebrate your loved one’s life, you may want compensation right nowYou might even be tempted to settle your case quickly just so you can pay off any remaining debts or outstanding bills. However, this could work against you; if you accept money from the insurer, you relinquish your right to get more money.

Even if it takes weeks, months, or years to settle your case, do not let this stop you from holding the at-fault party financially accountable. By giving your case the time it needs, you give yourself the opportunity to recover the following:

  • Loss of consortium
  • Your loved one’s healthcare expenses
  • Loss of parental guidance
  • Loss of household benefits
  • Funeral expenses (including cremation, the burial plot, and the funeral service)
  • Pain and suffering

There could be other compensable losses available in your case, per the American Bar Association (ABA).

Is Filing an Insurance Claim Faster Than Filing a Lawsuit?

Not necessarily. Although litigation has a reputation for being a long and arduous process, this does not mean that the claims process is any faster.

Our team might threaten to file a lawsuit if we do not believe that the insurer is serious about settling your claim. Sometimes, this works, and you can recover compensation through a settlement. Other times, it may not, and we may need to see your case through to trial.

We want to give your case the attention to detail it needs. That means not rushing anything.

Our Attorneys Have Won Millions of Dollars for Wrongful Death Claimants

We have over a century of combined legal experience when it comes to successfully resolving wrongful death cases. Two of our successful outcomes include:

  • We won $500,000 for a family who lost their four-month-old child after medical professionals failed to uphold the standard of care.
  • We won a confidential six-figure settlement after doctors failed to diagnose an elderly woman’s brain bleed. She passed away due to her condition, and we helped her family secure damages.

Call the Attorneys at the Law Office of Cohen & Jaffe, LLP to Learn More

So, how long will it take to settle your wrongful death claim? It all depends on the details of your situation. To discuss your case with our New York law firm, dial the Law Office of Cohen & Jaffe, LLP at (866) 878-6774.

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