In order to sue a dump truck company for the untimely death of a loved one, you first need to decide who the liable party(ies) are. Is it the driver, the dump truck company, or both? Before you can initiate the lawsuit process, you need to know who it is you are suing. If you aren’t sure whether you should be filing a wrongful death lawsuit against the driver or the company he/she works for, then it’s time to contact a Bronx, NY truck accident attorney.
Once you have determined which parties you have a viable claim against, you will need to confirm that you are entitled to file suit. Typically, the personal representative of the decedent’s estate is the one who can bring upon a claim against a negligent person or entity. However, you may still be entitled to recover damages for the losses you incurred as a result of the fatal accident. To find out if you are legally permitted to file suit or if there is a specific process you must go through so that a wrongful death lawsuit can be filed on behalf of your loved one, contact Bronx, NY truck accident attorney Jeremy Schiowitz for legal help.
Getting the Wrongful Death Lawsuit Process Started
After confirming that you are permitted to file a wrongful death lawsuit on behalf of your family member, you will need to determine what damages you are entitled to recover along with how much you are seeking for each. When we say damages, we are referring to things like pain and suffering, loss of companionship, burial expenses, medical costs, etc.
After you and your attorney have assessed your damages and determined what they are worth, you will need to file certain documents with the court to initiate the lawsuit process. Because there are many different types of documents that will need to be filed with the court, it is best that you let a Bronx, NY truck accident lawyer handle this for you. After the required forms are filed with the court in the county where the accident transpired, then the other party will be formally notified that a lawsuit has been filed against them.
It is important for you to understand the different paths your case can take from here. For example, let’s say you filed suit against the dump truck company as the driver was performing duties that fell within the scope of employment. The trucking company knows its driver made a mistake and offers you a settlement in an attempt to end the case. If you accept, your case would close, but if you do not, your case would go through a series of steps and eventually go to trial. If your case makes it to trial, a judge and/or jury will make the final ruling on the matter.
Important: You will be required to prove that the accident was caused by the wrongful conduct of the trucker and/or the company they work for. Proving fault can be challenging so to ensure you have enough evidence against the defendant to prove they were liable for your loved one’s death, it is imperative that you have a skilled truck crash attorney in the Bronx, NY working on your case.
I’m ready to learn more about the wrongful death lawsuit process. Who do I contact?
If you need more information on filing a lawsuit against a negligent party who caused a fatal accident involving your loved one or you would like to have your case evaluated, you can contact Isaacson, Schiowitz & Korson, LLP to speak with one of their trusted Bronx, NY trucking accident lawyers now.
Isaacson, Schiowitz & Korson, LLP can be reached at:
New York City Office
5 Penn Plaza, 23rd Floor
New York, NY 10001
Long Island Office
371 Merrick Rd, Suite 302
Rockville Centre, NY 11570