Filing a Wrongful Death Lawsuit

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If you are in the process of filing a wrongful death lawsuit, litigation can be complex without an experienced attorney to guide you. The Law Offices of Brian J. Elbaum offers a free wrongful death guide available for download, educational videos on our attorney website, and also free initial consultations for our prospective clients. Contact us today.

Filing a Wrongful Death Lawsuit | Who Can File?

The question I often get is, if someone is killed in an accident in New York, who can bring a wrongful claim? You need an attorney who is competent in this area to submit paperwork to the Surrogate’s Court to have someone appointed as either an executor to the estate, if there’s a will, or an administrator, if there’s no will. It’s that individual who will have the standing to bring the claim for wrongful death against the parties that caused the accident.

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Filing a Wrongful Death Lawsuit | Case Value

If you’re here, chances are a loved one was killed because of the negligence and carelessness of others. One of the questions you may have is, “What is my case worth?” There’s no simple answer to that; it’s complicated. Generally, there are two specific types of claims; you have the wrongful death claim and then you have the claim for conscious pain and suffering. In order to evaluate what they’re worth, you must look at different things.

For conscious pain and suffering, you must look at how long the deceased was alive from the time of the accident up until their death. For wrongful death, you need to look at economic components. You need to look at who that individual supported. How much was that individual earning? It’s complicated. My suggestion is that you contact our office and I will be happy to answer any questions that you might have regarding this issue.

Did you lose a loved one due to the negligence of another and have questions about determining a wrongful death case value? Contact a New York wrongful death lawyer at The Law Offices of Brian J. Elbaum today for a free confidential consultation and case evaluation. Let our experience work for you.

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