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Losing a loved one is difficult enough, but even more so when the circumstances that caused their death arose due to the carelessness of another person, company, or government agency. While no amount of financial compensation will replace the family member you've lost, you can seek monetary damages to help ease the financial burden on the heirs of the deceased. Marc D. Orloff, Attorney At Law, a skilled personal attorney based in Goshen, NY, offers this step-by-step guide to the wrongful death litigation process, so you'll know in advance what to expect.

Determining Standing

The initial step in the process is determining who qualifies to bring the wrongful death litigation to court. Each state has slightly different laws; in New York, only a representative of the deceased person's estate may file the suit, but they are permitted to file on behalf of all of the beneficiaries.

Valuing Your Claim

Wrongful Death LitigationDeciding how much your lawsuit is worth depends on a wide variety of variables, including the future earning potential of your family member and their age, in addition to various non-tangible damages that may be included. Before filing, be sure to speak with an attorney with specialized wrongful death litigation experience.

Insurance Negotiations

If the defendant's insurance company issues a fair settlement offer, that may be the end of the case. If not, your attorney may have to engage in negotiations to ensure that you're fairly compensated for the loss of your loved one.

The Trial

Many wrongful death and personal injury lawsuits are settled out-of-court, but if you need to go to trial, your legal representative will collect the evidence and pursue your case for you.

For over 30 years, Marc D. Orloff, Attorney At Law has provided New York residents who have lost their loved ones with compassionate, effective, high-quality legal services. Visit his website not to learn more, or call (845) 294-8974 to discuss your case.

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