If your loved one has passed away in an accident caused by another person’s negligence, you have the right to file a wrongful death claim for compensation. That said, you might not want to appear in court for your case, as you’re likely experiencing a lot of grief and emotional pain.
At Richmond Vona, LLC, many clients have asked our Buffalo wrongful death lawyers if they have to go to court for a wrongful death claim. Fortunately, not all claims have to go to court. In fact, many are settled before going to court. Let’s take a closer look at the wrongful death claims process.
Determining if You Have To Go to Court for a Wrongful Death Claim
While some cases must go to trial to reach a favorable outcome, many are resolved before the plaintiff and defendant ever step foot in the courtroom. A lawyer can assess your situation and determine if it’s likely you’ll have to go to court for your wrongful death claim.
Your attorney can also push for an out-of-court settlement, negotiating with the defendant’s lawyer to obtain a fair payment for your suffering and financial losses. In most cases, defendants are eager to settle out-of-court, as there are certain incentives to do so, including:
- Court costs: Settling out of court can be more cost-effective than going to trial. Settling out-of-court will allow the defendant to avoid paying attorney fees, court fees, and other expenses.
- Time: Wrongful death trials can last months or even years. The defendant in your case may agree to settle out of court to avoid having to endure a lengthy legal battle.
- Uncertainty: Trials can be unpredictable, which means there’s always a chance the defendant will get an unfavorable outcome. Settling out of court gives more control to both sides, making it likely that the defendant will want to avoid a trial.
- Reputation: Since court proceedings can attract negative media attention, avoiding a public trial can help protect the defendant’s reputation. If the defendant wants to avoid the reputational damage of a trial, you probably won’t have to go to court for your wrongful death claim.
What if I Do Have to Go to Court for a Wrongful Death Claim?
In the event that your claim doesn’t settle out of court, you’ll likely have to go to trial to get the compensation you deserve. However, your lawyer can handle your entire case, making the process as easy as possible for you. Here’s what your wrongful death attorney can do to make your court case successful:
- Present evidence that demonstrates the defendant’s negligence and liability
- Convey the impact that your loss has had on you to the jury
- Use eye-witness testimony to strengthen your case
- Give compelling opening and closing statements
- Refute the defense’s evidence and legal arguments
- Fight tirelessly to obtain the verdict you need to move forward
Court Filing Deadline for Wrongful Death Claims
If you do have to go to court for your wrongful death claim, you’ll need to file your suit within New York’s statute of limitations for wrongful death actions. EPTL §5-4.1 gives you two years from the day of your loved one’s passing to submit a lawsuit.
If you don’t act within the period set forth by the statute of limitations, you’ll be denied the compensation you need to navigate the grieving process. The good news is that as long as you contact a skilled lawyer as soon as you can, the attorney will be able to file your suit before it’s too late.
Compensation You Could Receive From a Wrongful Death Claim
Whether your case settles out of court or if you have to go to court for your wrongful death claim, the compensation you may receive stays the same. The average wrongful death settlement includes the following financial remedies:
- Medical bills
- Funeral costs
- Burial expenses
- Loss of financial support
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of enjoyment of life
These damages can provide the financial stability you need to honor your deceased loved one’s memory, cope with your grief, and cover any financial losses you’ve suffered due to their passing. That said, you’ll need a skilled attorney to benefit from these damages. A lawyer will determine which forms of compensation you’re owed and fight for the settlement you deserve.
Meet With a Buffalo Wrongful Death Lawyer for Free
If you’re still wondering if you’ll have to go to court for a wrongful death claim, you’ll want to consult with an experienced attorney. A lawyer from our team can assess your unique situation and determine if it’s likely that you’ll have to go to trial to obtain compensation.
Contact Richmond Vona, LLC, to schedule a free consultation with a trusted wrongful death lawyer. They’ll meet with you to discuss your case, answer any questions you have, and explain your best course of legal action. We look forward to hearing from you soon and providing the compassionate guidance you need to navigate this challenging time.
