In New York, when a loved one dies as a result of someone else’s negligence the survivors may be entitled to collect damages. This can be a death from any type of accident or incident, including:
- Automobile accident
- Medical malpractice
- Construction accident
- Violent assault
- Slip and fall
- Nursing home neglect
Who Can File A Wrongul Death Lawsuit?
Only the personal representative of the estate of the deceased can actually file the lawsuit against the responsible party. They file on behalf of any spouse, children and other dependents.
To win a wrongful death lawsuit, you must prove:
- The defendant acted negligently
- The negligence is what caused the death
- The deceased has a surviving spouse, children and/or other dependents or beneficiaries
- These survivors have suffered financial damage as a result of the loss
What damages can be recovered from a wrongfu death suit?
Family members may be entitled to compensation for funeral costs, loss of wages and benefits, loss of parental guidance and advice, loss of inheritance, emotional trauma to family members who witnessed the accident and the victim’s medical expenses and pain and suffering prior to death. In New York State, survivors cannot recover for their grief or pain and suffering.
Did someone close to you suffer an untimely death to someone else’s negligence?
We understand the range of emotions you are feeling—the pain of your loss, the anger at the responsible party, the emptiness and sadness of the loss. While only time and the support of loved ones can ease the pain, our Long Island wrongful death lawyers can help you gain compensation you may need as a result of the loss, plus a feeling of closure from winning a case against those that may have caused the death.
Feel free to call our law firm with questions or concerns, or to set up a free consultation. We can help ensure you file your claim before the statute of limitations expires and explain all your legal rights and actions
Our compassionate and experienced lawyers will help ensure you get the justice you deserve and the compensation you need to pay bills and continue to heal and move on with your life.