Lost a loved one? A wrongful death attorney in Long Island can explain the process of filing a claim. It’s important to act quickly because the time you have to file a wrongful death claim is limited.
With the help of an attorney, you also can learn how state laws may apply and the types of compensation you could be entitled to seek. Don’t delay in seeking legal counsel.
Do You Have a Valid Wrongful Death Claim?
You must first determine if you have a viable claim. This is why meeting with an attorney as soon as possible is important. Be sure to bring relevant information to your attorney.
The more information and documentation you have, the better prepared the attorney will be to determine if you should move forward with your claim. Part of this will include producing documents such as the death certificate, documentation showing someone else was responsible for the victim’s death, and an explanation of how the death has impacted you and your family financially and/or emotionally.
Once an attorney has decided you can proceed with your wrongful death claim, the necessary paperwork can be completed. This will include notifying the other party of your intentions to file a claim.
The Wrongful Death Claim Discovery Process
Generally, there are a couple of things that can happen in this phase. The party may agree to pay the damages you seek or may try to negotiate the settlement. In most cases, the party likely will deny the accusations you are making against them.
The case then will move into the discovery process. This phase can be lengthy, so it is yet another reason to act quickly in filing a wrongful death claim.
During the discovery process, attorneys for both parties collect information from each other. Questions may be sent to both sides that will require answers, usually in written format.
You also may have to give a deposition. This occurs when both sides meet in person with legal counsel. The attorneys ask questions, and the answers are provided under oath.
Virtually anyone involved in the case may be required to give a deposition. This could include the coroner or medical examiner, doctor of the deceased individual, family members, experts, or witnesses of the accident or event that caused the death.
A wrongful death attorney in Long Island may subpoena various types of records and documentation. An example would be the other party’s attorney requesting your loved one’s financial records or the medical examiner’s report.
You could be asked to undergo a psychological examination. If part of your damages includes compensation for the stress and mental anguish you experience, the other party’s attorney may try to refute it.
The discovery process may have limitations based on state laws. For instance, the way in which information is obtained or the witnesses that may be called upon at trial could vary from one state to the next.
What you can expect during the discovery process is the collection of relevant information. This can take several months or even years. However, even before going to trial, there is the possibility that your wrongful death claim could be settled.
If not, then once the discovery process has been completed, your case will go to trial. The length of the process will depend on your specific circumstances, but it is at this point when a final verdict will be issued.
Contacting a Wrongful Death Attorney in Long Island
The idea of going through a long, drawn-out trial can sound overwhelming. But keep in mind that a lawyer may be able to get your case settled before that is necessary.
For a better idea of what you are facing, contact an attorney from Gacovino, Lake & Associates. Don’t delay your case any longer than necessary because you may be running out of time. To schedule your consultation with a wrongful death attorney in Long Island, call us today at 800-246-HURT (4878).
