Who Pays for a Wrongful Death Lawsuit?

Typically, the other party’s insurance company pays for a wrongful death suit. Should the other party not have insurance, they are held legally responsible for paying for your damages.

If you lost a loved one due to someone else’s negligence in an accident, our wrongful death lawyers can help you pursue compensation for your resulting damages.

How Much Your Case is Worth?

Every case is different, as they come with their own set of circumstances, so there is no real way to say what the average amount of compensation is. However, certain factors do influence the total award you will receive, such as:

• The other party’s insurance policy: If your damages exceed the other party’s policy limits, you can file a lawsuit to ask for more compensation.
• The nature of the accident: The details of your accident will have a direct impact on how much money you can get.
• Your loved one’s injuries: Your loved one’s end-of-life medical care can be included as part of your case.
• How the accident affected the family’s quality of life: You could recover damages if you lost a spouse or income provider.
• Financial losses: This accounts for any financial losses you might have incurred due to your loved one’s passing.

As a general baseline, the higher your loved one’s medical bills were, the higher your settlement or court award might be. If you hire a Long Island wrongful death lawyer from our firm, they can look at the ways your loved one’s death impacted your family’s life. Upon estimating your claim’s worth, your attorneys will try to maximize the amount to seek from the liable party depending on your case’s particularities. They can also initiate settlement negotiations or file a lawsuit to ensure you get the damages you deserve.

Wrongful Death Damages You Can Seek

Although no amount of money can fix what happened, receiving compensation might help you through this challenging time. When you file your claim or lawsuit, you can claim damages for your loved one’s:

• Medical bills
• Funeral or memorial service
• Burial plot

You can also sue for damages that have affected you, such as:

• Loss of services
• Loss of care, guidance, and support
• Pain and suffering
• Lost earnings due to your loved one’s passing

Who Can Bring a Wrongful Death Lawsuit Against the Liable Party?

According to EPT §5.4-1, only a personal representative who is appointed by the state can bring a wrongful death action. That is, this person isn’t always a family member unless the court grants them permission.

However, this representative can recover damages on behalf of the family and distribute them to the decedent’s spouse, children, and parents. If you are an unmarried partner or another relative, you might be able to claim damages, as well.

The Best Time to File a Wrongful Death Lawsuit

When your loved one loses their life in an accident, whether it be a car accident or slip and fall, you would typically file a claim with the at-fault party’s insurance company within several days of the death. The insurer will then get back to you and might offer a settlement.

Usually, the initial offer is low, so you can negotiate for a higher amount. Only when neither side can come to an agreement is when you would file a lawsuit. You and the insurance company can argue for a settlement until your court date.

Your Time to File is Limited

Negotiations can drag out, and time can go by quickly. Don’t let time get away from you, though. EPT § 5.4-1 affirms that claimants usually have two years to file a wrongful death lawsuit.

You should know that this deadline is strictly enforced, and if you don’t file within the two-year window, you risk jeopardizing your right to compensation, as the American Bar Association (ABA) explains. Of course, there are some rare exceptions to this deadline. We can tell you more about how the statute of limitations may affect your case.

Our Lawyers Can Step in to Handle Negotiations and Make Sure You’re Treated Fairly

While you’re dealing with the aftermath of a loved one’s death, the last thing you want to worry about is handling the at-fault party and their representatives. Fortunately, our lawyers will take care of these legal details for you so you can focus on more important matters.

We can:

• Request a copy of the incident report
• Hunt down evidence
• Prove the liable party’s negligence
• Quantify your financial and non-financial losses
• Communicate with all involved parties
• Handle the negotiations for a settlement
• Fight for you in court, if it comes to that

We will serve you in these ways and others for a contingency fee, meaning you won’t be charged anything upfront or out of pocket. We only get our payment when you receive compensation. Working with us comes with virtually no risk.

The Attorneys at the Law Office of Cohen & Jaffe, LLP Can Get Started on Your Case Now

Our team will help ensure that the one who pays for your wrongful death suit will reimburse you in accordance with your needs. Contact a team member from the Law Office of Cohen & Jaffe, LLP today for your complimentary case review.

For a free legal consultation, call 516-358-6900