What Happens During a New York Wrongful Death Investigation?

Losing someone you love without warning is heartbreaking, especially if you suspect another party played a part. In such cases, the first step is usually an investigation. These investigations often kick off right after the fatal event and can stretch out for weeks or even months, depending on the complexity of the situation.

Below, we break down what happens during a wrongful death investigation in New York.

Collecting Evidence After a Wrongful Death

The first step is gathering all the basic facts. Investigators commonly review evidence such as police reports, accident scene photos, security camera footage, witness accounts, and medical records. Suppose someone died in a car accident. In this case, investigators may examine evidence such as vehicle damage, traffic camera footage, cell phone logs, and toxicology reports.

Reviewing Medical and Autopsy Findings

Medical information is vital in these cases. Hospitals and doctors are required to provide records that clarify how and why someone passed away. Sometimes, an autopsy is also necessary to determine if negligence or recklessness led to the death.

Determining Who Can Recover Compensation

In New York, the personal representative of a deceased person’s estate can recover compensation on behalf of surviving family members such as spouses, children, or parents. So, investigations may involve reviewing estate documents and identifying which surviving family members may be entitled to recover compensation under New York law.

Identifying Liable Parties

Investigators must work toward determining and proving liability. Usually, this involves answering the question, “Did someone act carelessly or wrongfully?” Maybe a driver was distracted, or a property owner ignored safety standards.

It is vital to act fast to protect evidence that can help establish liability. Lawyers may send legal notices requesting parties to preserve records, surveillance footage, and other important evidence that may be connected to the case.

The Insurance Investigation

Insurance companies conduct their own investigation, too. Adjusters interview witnesses, review documents, and try to estimate the damages. A vital thing to remember is that insurance companies usually want to pay out as little as possible. If families speak to an adjuster too soon, their statements could be used against them during settlements or lawsuits.

Determining Financial Losses

Financial losses also play a significant role in the investigation. This part of the examination involves examining lost wages, medical bills, funeral expenses, and sometimes, the value of services the deceased offered to their family. Sometimes, economic experts could be brought in to assess the financial help the family would have received from their loved one if the loss hadn’t happened.

Settling or Going to Trial?

Once there’s enough evidence, lawyers either try to reach a settlement or proceed with filing a wrongful death lawsuit. When it comes to lawsuits, it’s vital to note that New York law gives families only two years from the date of death to take action, though there are exceptions in some cases.

Wrongful death investigations can offer families the answers they desperately need, protect vital evidence, and ensure those responsible are held accountable. While no legal claim can erase the pain, understanding the process might help you and your family feel a bit more prepared as you navigate this tough time.

Contact Us for Legal Help

If you lost a loved one because of someone else’s negligence, contact a Long Island wrongful death lawyer at Jacobson Law for help protecting your family’s rights and pursuing your deserved compensation.