Long Island Wrongful Death Lawyer

It’s devastating to lose a loved one, and when the death is a result of someone else’s negligence, family members are left feeling angry, frustrated, helpless and possibly worried about financial consequences. If you have suffered a loss due to another’s negligence, consult with a Long Island wrongful death lawyer as soon as possible to begin working toward an injury claim. An experienced injury lawyer can help hold the negligent party responsible and ensure that you know what to expect at each step of the legal process. En Español.

Understanding Wrongful Death Claims

A wrongful death claim arises when a person loses their life due to another party’s wrongful conduct, negligence, or reckless behavior. These claims are civil actions brought on behalf of surviving family members to recover damages resulting from the untimely death. Common situations that give rise to wrongful death claims include fatal car accidents, unsafe property conditions, defective products, and acts of medical malpractice.

To support a wrongful death claim, the family must present evidence such as accident reports, medical records, and other financial and medical documentation to establish negligence and resulting damages. These claims seek to address not only the immediate medical expenses connected to the fatal incident but also broader losses suffered by surviving family members, including loss of inheritance and long-term financial support. A Long Island wrongful death lawyer can help evaluate whether the facts surrounding a loss meet the legal requirements for filing a claim.

Types of Wrongful Death Claims

A Long Island wrongful death—a death due to another entity’s negligence, carelessness or recklessness—can result from:

• Car accidents
• Motorcycle accidents
• Workplace accidents
• Train accidents
• Abuse
• Nursing home neglect
• Medical malpractice or defective products

It may mean the loss of a parental figure and steady salary as well as high medical bills and funeral costs.

When Would One File a Wrongful Death Lawsuit?

In Long Island, a wrongful death lawsuit may be filed only when a person dies as a result of another party’s negligent actions. For example, if a driver runs a red light and causes a fatal collision, the at-fault driver may face a finding of negligence.

All drivers must obey the law when driving, including following traffic lights and signals. Because another party’s negligence caused the accident, the family could file a wrongful death lawsuit to pursue damages.

Who is Eligible to File a Claim?

In Long Island and the rest of the state, only the personal representative of the estate can file a wrongful death claim with the help of a local attorney. This personal representative is usually determined in the deceased’s will.

While family members cannot file wrongful death lawsuits, they could still benefit from them. Within the claim, the personal representative can file for losses suffered by the loved ones. The courts will then treat the personal representative as though they are holding the damages in trust for the family members.

What Is the Statute of Limitations on Wrongful Death Claims?

The statute of limitations is also different in New York than in other states. Wrongful death claims must be filed within two years of the person’s death. This statute still holds if the personal representative is a minor who cannot represent the estate in court. In those cases, the guardian of the child could file the claim. This situation may also arise when the court appoints a personal representative who lacks the legal capacity to file a claim.A Long Island attorney experienced in cases concerning negligent loss of life could further explain the deadlines for filing a claim.

Types of Compensation and Damages

Wrongful death claims allow families to pursue compensation for both economic and non-economic losses caused by their loved one’s passing. Recoverable damages often include funeral and burial expenses, outstanding medical expenses, lost wages, and future lost income the deceased would likely have earned. Families may also seek damages for the loss of parental care, loss of income, and workers’ compensation death benefits when applicable.

Non-economic damages may include pain and suffering, loss of consortium, and the emotional impact of losing a family member. In certain cases involving particularly egregious conduct, punitive damages may also be available to punish the wrongdoer and deter similar behavior. Expert opinions and financial documents are often used to calculate the full scope of these losses. A knowledgeable Long Island wrongful death attorney can identify every applicable category of damages and build a claim that reflects the true impact of the loss.

What Is the Benefit of Hiring a Wrongful Death Attorney?

In the aftermath of the wrongful death, the deceased person’s family members will likely feel emotionally overwhelmed and unprepared to enter a legal proceeding. However, the damages available in a wrongful death claim are often substantial and could help offset funeral and burial expenses while providing some measure of financial compensation for the family’s profound loss.

Fortunately, a local wrongful death attorney has the experience necessary to handle a family’s claim and ensure that they get the maximum amount of compensation possible, while offering them valuable peace of mind throughout the legal process. A lawyer could promptly establish the estate so the lawsuit may move forward, since the claim cannot proceed successfully without a properly established legal estate.

How Does an Attorney Extend Compassion to Family Members During a Wrongful Death Action?

It is important to recognize that no monetary award can measure the value of a human life, and the damages a family may recover in a wrongful death lawsuit cannot replace the loss of their loved one. A compassionate wrongful death lawyer in the Long Island area understands this fact and can be a valuable resource as the family members undergo this stressful process. They can offer a kind and personal approach to this terrible situation and show the family members that they are authentic and trustworthy, and that will do everything in their power to help ease their period of grief.

Contacting a Long Island Wrongful Death Attorney

In these types of cases, our compassionate and experienced Long Island wrongful death lawyers sit down with family members to help them understand the legal and financial aspects of their loss. We then set out with our team of top-notch investigators and medical experts to help survivors receive the necessary financial compensation to secure stability and move forward with their lives. Compensation can include lost wages, hospital and medical costs, parental guidance, and funeral expenses.

If you lost a close family member and believe it was due to someone else’s negligence, contact us today. We can help. As part of our free consultation, we’ll discuss your case, let you know what you can expect from the legal process, and answer all your questions.