New York Wrongful Death Lawyer

The doorbell’s ring disrupts your quiet evening, and as you open the door, a police officer stands before you. The surprise quickly turns to apprehension. The officer introduces themselves and inquires about your identity.

After you respond, they relay the heartbreaking news: your spouse was involved in a fatal car collision. The gravity of the situation deepens as you learn the accident was caused by another driver, now charged with vehicular homicide for driving under the influence.

When grief and disbelief overwhelm you, knowing your rights and pursuing justice becomes essential. We at the CEO Lawyer Personal Injury Law Firm are aware of the suffering that results from the untimely death of a loved one.

While we treat wrongful death situations with sympathy, we also move quickly to hold the guilty party accountable where it is possible. Contact (5216) 689-113 for a free case evaluation.

How a New York Wrongful Death Attorney Helps You

At the CEO Lawyer Personal Injury Law Firm, we provide consistent encouragement and committed legal knowledge to New York families going through extremely trying circumstances. Our years of experience handling wrongful death claims speak volumes about our commitment to justice and our ability to secure the compensation our clients deserve.

Here’s how our knowledgeable legal team can assist you throughout your wrongful death suit:

Expert Legal Counsel Every Step of the Way

Handling a wrongful death claim can have a big impact on its outcome. When the CEO Lawyer Personal Injury Law Firm is on your side, you’re not just making decisions— you’re making decisions that are right for you. Our wrongful death lawyers have a wealth of experience and are prepared to provide the necessary counsel and direction to help you face this difficult journey confidently.

Administrative Burdens Lifted

After a loved one passes away, handling complicated legal documentation is not something to be done during this highly challenging time. Because we know this, the CEO Lawyer Personal Injury Law Firm team is here to handle your case’s administrative burden, giving you the time and space you need to grieve and support your loved ones.

Diligent Evidence Gathering

The capacity to demonstrate how your loved one’s death was caused by negligence or misconduct is what makes a wrongful death lawsuit successful. Our attorneys are adept at locating and gathering strong evidence to support your case, and they use their industry knowledge to ensure no detail is overlooked.

Negotiating with Insurance Companies

Settlement of a wrongful death lawsuit outside of court is often the preferred route, avoiding the uncertainties of a trial. Our lawyers are adept at dealing with insurance companies and negotiating terms that reflect the true value of your claim.

Our past securing favorable settlements is a testament to our negotiation skills and dedication to our client’s well-being.

Ready to Stand by Your Side

The CEO Lawyer Personal Injury Law Firm is more than a law firm – we are your partners in seeking justice for your loved one. If you’re looking for a team that combines heart with legal understanding, we invite you to reach out for a complimentary consultation.

Our personal injury and wrongful death lawyers can handle the intricacies of your case and will stop at nothing to get you the money you are due.

How Our New York Wrongful Death Law Firm Supporting Families?

At the CEO Lawyer Personal Injury Law Firm, we understand the profound impact of losing a loved one. Our firm belief is that families should have the means to hold responsible parties accountable without the added burden of financial instability during such a challenging time.

Our dedicated team supports your family in securing a settlement or award that eases the financial strain, allowing you the space to grieve without worrying about impending bills.

We firmly believe in our promise to our clients to relieve them of the burden of making payments while their case is pending. We can guarantee that there won’t be any upfront or out-of-pocket costs because we work on a contingent fee basis.

Until a successful settlement or award, our clients are not responsible for any retainers or charges.

When you have the CEO Lawyer Personal Injury Law Firm on your side, you can more easily get through these difficult times. Get in touch with us right now to find out how we can help you.

What Is Wrongful Death?

Under New York law, as outlined in NY EPT § 5-4.1, a “wrongful death” is considered the demise of a person caused by another’s wrongful act, neglect, or failure to act. Essentially, wrongful death claims can be thought of as legal actions the deceased could have pursued as personal injury claims if they had survived.

These claims, therefore, are initiated by a qualified individual on behalf of the deceased person.

Common situations leading to wrongful death lawsuits include, but are not limited to:

• Accidents involving bicycles and pedestrians
• Injuries occurring at birth
• Bus-related accidents
• Vehicle collisions
• Incidents on construction sites
• The harm caused by defective products
• Falls, such as slip and fall accidents
• Accidents at sea
• Cases of medical negligence
• Incidents where property liability is a factor
• Railroad-related accidents
• Accidents involving trains and subways
• Trucking accidents
• Acts of violence, including assault and other criminal actions

These cases revolve around instances where negligent, reckless, or intentional misconduct results in a fatality, warranting a legal claim for damages by the deceased’s representatives.

Get to Know About Wrongful Death Laws in New York

In New York, when a family member suffers fatal injuries due to an accident caused by another’s carelessness, the deceased’s immediate family may have the right to seek compensation for both economic and non-economic damages. This legal recourse is rooted in the principle that someone’s negligence can lead to wrongful death.

Negligence, the cornerstone of such claims, comprises four critical elements:

• The existence of a duty to act in a manner that ensures the safety of others.
• A breach of this duty through failure to act appropriately.
• This breach directly leads to an incident or accident.
• The victim incurs injuries and financial losses, ultimately leading to death.

Consider the scenario where a loved one dies after falling from a balcony due to a defective railing. The property owner’s responsibility was to ensure the premises were safe for visitors, including maintaining the railings’ structural integrity.

The failure to fix or replace the compromised railing directly contributed to the fatal accident. This situation would likely form the basis of a wrongful death lawsuit, applicable in various circumstances including, but not limited to:

• Vehicular accidents
• Slip and fall incidents
• Inadequate security leads to harm
• Drowning incidents
• Boating mishaps
• Electrocution accidents
• Animal attacks and bites
• Other personal injury scenarios

Legal practitioners who specialize in matters involving the wrongful death of a loved one can provide crucial advice to individuals desiring clarification on their legal alternatives. They help families understand their rights and possibilities for financial recovery by offering counsel throughout the claims procedure.

Who Can File a Wrongful Death Lawsuit in New York?

In New York, while the ultimate compensation from a wrongful death lawsuit typically benefits the surviving relatives, the suit itself must be initiated by the decedent’s estate representative. This individual could be explicitly named within the deceased’s will as the executor, assuming a will exists.

When no will was left behind, the court appointed an appropriate personal representative.

This appointed or named personal representative often has familial ties to the deceased, such as being a spouse or a child. Their role involves filing the lawsuit to obtain damages for the decedent’s eligible next of kin.

These beneficiaries can include not just spouses and children (whether by blood or adoption) but also parents and potentially other relatives, with the action taken for their benefit regardless of the filer’s direct connection to the deceased.

How Do Wrongful Death Claims Differ from Criminal Cases?

Wrongful death claims and criminal cases are distinct legal processes addressing the consequences of someone’s death, but they pursue different objectives and operate under separate legal standards. A wrongful death claim is pursued in civil court.

The primary aim of a wrongful death claim is not to seek criminal penalties against the defendant but to secure financial compensation for the losses endured by the deceased person’s estate and relatives. This civil action recognizes the financial and emotional impact of the loss on the surviving family and seeks to provide them with a form of monetary relief.

Contrastingly, criminal cases related to a person’s death, such as homicide charges, are handled in criminal court. These cases aim to determine the defendant’s guilt regarding the unlawful causing of someone’s death and to impose appropriate criminal penalties if they are found guilty.

The focus is on punishment and societal protection rather than directly compensating the victim’s family for their loss.

In the event of a wrongful death, it is helpful to get the advice of competent lawyers who focus on wrongful death cases. Wrongful death attorneys in New York can provide the essential direction and assistance needed to manage the complex court system and obtain fair compensation for afflicted families.

Their knowledge can be quite helpful in making sure the family’s rights are respected, and they get the money they need to lessen the effects of their loss.

What Types of Compensation Can You Recover?

In New York, the law sets specific guidelines for damages that can be sought in wrongful death lawsuits. Unlike several other states, New York does not permit the deceased’s family members to claim compensation for their emotional distress, such as pain, suffering, grief, mental anguish, or loss of companionship, that arises from the loss of their loved one.

However, a wrongful death claim may enable claimants to seek compensation for various financial and support-related losses, including:

• Medical expenses incurred for treating the deceased’s final injury or illness before death
• Funeral and burial costs
• Lost financial support and future earnings the deceased would have provided
• The estimated value of support and services the deceased would have offered.
• The estimated value of parental guidance, care, and support to the deceased’s children
• Lost inheritance, including what the deceased would likely have contributed to their heirs
• The deceased’s conscious pain and suffering before death related to their final injury or illness

Additionally, in New York, wrongful death claims may include interest on the awarded damages calculated from the date of the deceased’s passing.

Our attorneys provide free, in-depth consultations for those dealing with a wrongful death lawsuit in New York. These consultations are intended to give you personalized guidance on the damages you could recover and an evaluation of the potential worth of your claim.

Elements of a Wrongful Death Claim

Wrongful death cases extend beyond car accidents, encompassing a wide array of circumstances where negligence or misconduct leads to someone’s untimely demise. The complexity of establishing liability in these cases arises from the numerous factors and scenarios.

Key examples of situations that may lead to wrongful death claims include:

• Misdiagnosis, or failure to diagnose a serious illness, leads to preventable death.
• Negligence in treating a disease or injury, resulting in fatal outcomes.
• Surgical mistakes and errors that cause patient death.
• Unsafe work environments that fail to protect employees, leading to fatal incidents.
• Lack of warnings about dangerous road conditions, contributing to deadly accidents.
• Inadequate measures to prevent drowning incidents.
• Deaths caused by falls due to neglected safety standards in buildings or facilities.

Wrongful death reflects the grave consequences of poor decisions or negligence by others, leading to the loss of life. At the CEO Lawyer Personal Injury Law Firm, our dedicated wrongful death lawyers are committed to identifying those at fault and pursuing justice.

We aim to hold the responsible parties financially accountable for their actions, offering solace and support to the grieving families during challenging times.

Speak with an Expert from Our Wrongful Death Team in New York!

At the CEO Lawyer Personal Injury Law Firm, our New York wrongful death attorneys are dedicated to assisting families like yours in seeking justice for the loss of a loved one due to the negligence or misconduct of another. Experiencing such a loss is immensely challenging, and understanding your rights to pursue legal action is crucial.

Our team is ready to listen to the details of your loved one’s accident, the injuries they sustained, and the circumstances leading to their death. We offer compassionate support and legal guidance during this trying period and are committed to helping you seek compensation for the emotional and financial toll your family has endured.

Give us a call at (516) 689-1132 for a no-cost case evaluation and consultation. Let us stand by your side and advocate for your family’s rights.