Every day as drivers travel along the roads, they are faced with situations that may cause accidents. Whether the car in front of you forgets to use their blinker or slams on their breaks at the last minute, accidents are bound to happen due to people’s mistakes. For motorcycles, these accidents can be even more so effective. Since motorcycles offer less protection than motor vehicles, accidents for cyclists can be even more damaging. They may result in serious injuries or even death. For these situations, individuals should acquire the help of an attorney to build personal injury cases or wrongful death cases.
How do I build my personal injury case?
When you are involved in a motor vehicle accident, it is important to seek medical attention from a healthcare professional. This will make sure that your injuries are tended to and that your health is stable. During this visit, doctors will document your injuries and the extent of how serious they are. This is helpful in building a case. The documentation of your injuries can be used to prove the impact that the accident had on your life.
For these cases, there will often be an investigation into the accident. In order to seek compensation, the fault will need to be placed on one of the involved parties. Investigations can find which driver was at fault in the accident, which can prove liability for the case.
Who files a wrongful death claim?
When an individual has been involved in an accident that has resulted in a wrongful death, their family has rights. If your loved one has died due to another party’s negligence, you may be entitled to compensation.
For incidents of wrongful death, the personal representative of the estate must file a wrongful death claim on behalf of the surviving spouse or domestic partner. If there is no surviving spouse or domestic partner, then the next in line would be children, parents or siblings. They are then able to file a suit.
What can I gain from a wrongful death claim?
Wrongful death claims can allow you to recover money for a variety of expenses. This can include medical expenses prior to death, pain and suffering of the deceased, lost wages for your loved one’s future economic earnings, mental anxiety and emotional distress suffered by family members, the value of the services for your loved one, the loss of guidance and counsel a parent would have provided for a child and the loss of support and companionship of a spouse, a parent or a child.
If the deceased party had a will, damages will go to the estate and be allocated in proportion to the loss each loved one suffered. Without a legal will, the district will follow a set formula to allocate the damages. For these cases, it can be beneficial to gain the help of an attorney. They can present you with options and guide you through the process.
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. Call 212-421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer.
