When you lose a loved one due to the negligence of another person or company, it can shatter entire families – especially if you lose your family’s primary caregiver or breadwinner.
Nothing can bring back your loved one, but obtaining fair compensation for your loss can relieve your future financial burdens, and those of your family.
On Long Island, wrongful death can be a result of the following:
- Car or motorcycle accident,
- Medical malpractice incident,
- Commercial truck crash,
- A fire or explosion,
- Slip and fall,
- Workplace or construction site accident,
- Dangerous drug, or
- Defective medical device.
If someone’s negligent act led to an accidental death, you may have legal grounds for a settlement. In Patchogue, Long Island, a wrongful death lawyer can help.
Contact Gacovino, Lake & Associates, P.C. today at 631-600-0000 to schedule a free consultation with a wrongful death lawyer.
How Can You Seek Compensation for Wrongful Death?
If your loved one died due to someone’s negligence, you have the right to pursue a financial settlement to compensate you for your loss.
Getting a settlement will help ensure that you and your family have everything you need for the future, to pay your rent or house payment, keep the lights on, and put food on your table.
If the deceased was your family’s primary wage earner, getting a settlement is more important than ever
In most cases, you will submit your claim to the negligent party’s insurance company. Having a wrongful death lawyer to assist you can make the process easier, ensuring the protection of your legal rights.
When you let a wrongful death attorney assist you, you obtain a powerful advocate working tirelessly to pursue a settlement with the insurance company. You already have too much to handle in your life, your lawyer will give you as much space as possible to grieve and spend precious time with your family and loved ones
What Is Wrongful Death in Patchogue, Long Island?
The legal standards for wrongful death depend on the circumstances surrounding your loved one’s passing. Some of the most common causes of wrongful death include the following scenarios:
- Passenger vehicle accident– If someone’s negligence led to a traffic accident that took the life of your loved one, you may have legal grounds to pursue a claim
- Workplace accident– If a workplace accident and subsequent death occurred due to the employer’s negligence, you may have grounds to pursue a settlement
- Medical malpractice– If a doctor or another medical practitioner did not provide a reasonable standard of care, and your loved one perished as a result, you may have the legal basis to pursue compensation.
- Motorcycle crashes– Motorcycle riders may sustain fatal injuries in a collision with a passenger vehicle or semi-truck. Other potential causes include hazards or debris in the roadway and poor visibility. If someone’s negligence caused the accident, you may have a case
- Defective medical devices– If a manufacturer neglected to properly test a medical device for safety, and your loved one died as a result, you may have a negligence claim
- Dangerous drug– If a pharmaceutical company rushes a drug to market without proper testing, or if the company failed to warn of the drug’s risk, you may have the right to pursue a wrongful death claim
- Slip and fall accident– If a business owner fails to maintain a reasonably safe condition for the public, resulting in a wrongful death injury due to a slip and fall, you may have legal cause to seek a settlement.
- Construction site accident– Deadly construction site accidents occur from falls, explosions, structure or tunnel collapses, and being struck by falling debris. If the contractor or owner’s negligence caused the accident, you can pursue a claim.
- Drowning– If a property owner fails to properly fence their pool or keep the area free of debris, they may have liability if a wrongful death occurs.
- Fire or explosion– If a residential or industrial property owner failed to maintain safe conditions and a fire or explosion occurs, you may have the right to pursue a claim for your loved one’s death.
No matter what the situation, you may have the right to pursue a financial settlement for wrongful death that occurs because of an accident caused by the negligence or an individual, entity, or organization.
In Patchogue, Long Island, talking to a wrongful death lawyer can provide the answers you need about whether you have a valid legal claim for financial compensation.
What Is the Value of Your Wrongful Death Case?
Your wrongful death lawyer can evaluate the facts of your case to determine the potential value of your claim.
Legally, your attorney may include some, or all of these items in the overall value of the compensation claim.
- Any of the deceased’s doctor bills and medical costs accrued after the accident but before death;
- Funeral and interment costs;
- Any of the deceased’s lost income accrued after the accident but before death;
- Projected value of the deceased’s future earnings;
- Projected value of lost medical, retirement, or other benefits;
- Loss of care, protection, consort, and companionship;
- Pain and suffering;
- General damages;
- Punitive damages;
Your lawyer will gather evidence and documents to support each element of your claim, including bills, receipts, etc. For projected losses, your lawyer may utilize testimony from various subject matter experts.
How Will Your Wrongful Death Lawyer Demonstrate Negligence?
To obtain a settlement for your loved one’s death, your lawyer must prove that the at-fault party has liability. To accomplish this, your attorney must demonstrate the four legal elements of negligence.
Duty of Care
The at-fault party owed a duty of care to the deceased. For example, drivers on the roadway must obey the law, maintain a safe speed, and not drive distracted or impaired.
Breach of Duty
The at-fault party breached their duty of care to the deceased. For example, if a driver got behind the wheel after drinking or sent a text while driving, they failed to uphold their duty.
The at-fault party, by breaching their duty of care, caused an accident or incident that led to the wrongful death. For example, a driver ran a red light while texting or rear-ended the deceased car due to impairment.
You sustained actual, provable damages due to the outcome of the accident caused by the at-fault party’s breath of duty. Your wrongful death lawyer will prove actual damages by providing bills, receipts, and testimony from recognized experts.
Once your lawyer has demonstrated these elements, the insurance company will engage in negotiations to arrive at a settlement. If they do not offer a reasonable settlement, your lawyer may recommend filing a wrongful death suit.
Talk to a Wrongful Death Lawyer in Patchogue, Long Island, Today
The attorneys of Gacovino, Lake & Associates, P.C. understand the challenges you currently face. We would like to invite you to visit us for a no-cost, no-obligation case review. We will answer all of your questions and help you decide what the best course of action is for your future.
Call us today at 631-600-0000 to learn more, or to speak with a wrongful death lawyer in Patchogue, Long Island.