A Rochester NY wrongful death lawyer will investigate the circumstances surrounding the wrongful death in order to determine whether or not a lawsuit is appropriate. In some cases, it may be possible to pursue the lawsuit without the assistance of a legal representative. In other cases, the wrongful death victim’s spouse, children, or parents may be the primary beneficiaries. These people are entitled to compensation for the loss of their loved one. A faulty medical decision can lead to an extended period of pain and suffering.
Duty Of Care
A wrongful death lawsuit must show that the defendant owed a duty of care to the deceased. This can include a reckless or careless act. In order to win a wrongful death lawsuit, the attorney must prove that the breach of the duty caused the damages. In some cases, the negligent person may face jail time, fines, or both. However, the legal representative must establish a direct connection between the breach of duty and the damages.
Despite the similarities, a wrongful death civil case requires a different standard of proof. The plaintiff must be able to show that the negligence caused the victim’s death by a preponderance of evidence. The burden of proof is different than in a criminal case. A wrongful death plaintiff must prove the negligence by a preponderance of the evidence. A successful underlying case will have evidence that corroborates the other party’s negligence.
Potential Lawsuits
A wrongful death lawsuit must be filed within two years of the death of the victim. If filed in time, the case will be dismissed. The case will then have to be refiled in a year. It is vital to understand that there is a strict deadline in the District of Columbia for bringing a wrongful death lawsuit. In many cases, a wrongful death lawyer will be able to secure a substantial financial award for the victim’s family.
In a wrongful death case, the plaintiff will file a complaint. The complaint initiates the litigation process. The defendant has two years to respond. Failure to respond will result in a default loss. The wrongful death lawyer will be able to provide a monetary settlement or verdict for the family. It will also ensure that the court reaches an appropriate outcome. The wrongful death lawsuit will help the family of the victim receive monetary compensation.
Final Thoughts
A wrongful death case will take time. A wrongful death lawsuit can last for one to four years, depending on the complexity of the case. It may take a few years to be settled, or it may take more than four years to be tried in court. In either event, the wrongful death lawyer should be able to provide legal counsel for the victim’s family. If a wrongful death is the cause of the wrongful death, the family may receive damages for funeral costs, medical expenses, lost wages, loss of future earning capacity, and pain and suffering. And whenever death comes into play, it is incredibly complicated to calculate the worth of the individual. The attorney will be your best ally in the fight against insurance companies.