NEW YORK CITY'S BOUTIQUE
PERSONAL INJURY LAW FIRM
Experiencing the loss of a loved one due to another's negligence or wrongful actions is an incredibly painful ordeal. It can leave families grappling with not only emotional turmoil but also unexpected financial strains. Fortunately, you don't have to handle it alone, and you may have legal recourse. Our wrongful death attorneys recognize the challenges you are facing and are dedicated to seeking justice for your family's untimely loss. If you find yourself in this situation, contact Zieher & Associates today to schedule a free consultation.
NEW YORK WRONGFUL DEATH
ATTORNEYS
What is Wrongful Death in New York?
In New York, wrongful death is legally defined as a fatality caused by the wrongful conduct or negligence of another party. The conduct must be of the type that if the deceased had survived their injuries, they would have had grounds to file a personal injury claim.
A wrongful death claim provides legal recourse to certain family members and loved ones, allowing them to fight for justice and financial compensation from those at fault.
Common Causes of Wrongful Death Cases
Wrongful death cases arise out of various tragic circumstances. Situations that commonly lead to these cases include:
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Motor vehicle accidents: Car accidents involving negligence or recklessness can tragically end lives and give rise to wrongful death claims.
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Work-related incident: Accidents at work that result in fatal injuries due to unsafe working conditions or negligence can be grounds for wrongful death lawsuits.
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Slip and fall accidents: These incidents on public or private properties due to neglect in maintaining safe premises can lead to fatal injuries and wrongful death cases.
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Product defects: Defective products pose serious risks, and manufacturers can be held liable if a defective product causes a consumer's death.
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Construction accidents: Working in this industry often involves severe risks, and fatalities arising from neglect or safety violations on construction sites can result in wrongful death claims.
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Medical malpractice: This can lead to wrongful death when healthcare professionals fail to provide the standard of care expected, resulting in a patient's death.
If you've lost a loved one and believe you may have a legal claim, contact a wrongful death lawyer right away.
Importance of Working with a Lawyer After Losing a Loved One
Navigating the aftermath of a loved one's unexpected death can be emotionally draining and legally complex. Working with an experienced wrongful death lawyer is crucial in these situations for several reasons.
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Expert Legal Advice: Lawyers provide expert legal advice tailored to the specific circumstances of the case. They can offer a realistic overview of what to expect, helping families make informed decisions.
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Maximizing Compensation: An experienced attorney knows how to accurately assess the full extent of damages, allowing families to receive the compensation they are entitled to.
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Investigative Resources: Lawyers have access to resources for conducting comprehensive investigations to prove negligence or fault. This includes hiring experts, collecting evidence, and interviewing witnesses.
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Protecting Rights Against Insurers: Insurance companies often attempt to minimize payouts. A lawyer acts as a buffer between the family and the insurers, protecting the family's rights and interests throughout the process.
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Litigation Experience: If a fair settlement cannot be reached through negotiations, an attorney with litigation experience will represent the family's interests in court in front of a judge and jury.
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Moral Support: Beyond legal assistance, lawyers often provide moral and emotional support to families during such challenging times, helping them navigate through their loss with dignity and respect.
Ultimately, working with a knowledgeable attorney can significantly alleviate the burden during a difficult time, allowing you and your family to secure a fair compensation for your loss and hold the liable parties accountable for their actions.
Who Can File a Wrongful Death Claim in New York?
In New York, a wrongful death claim must be filed by the deceased's personal representative. This is typically an executor or administrator of the individual’s estate as designated in their will if there was one, or appointed by a court if one was not designated.
Who Benefits From the Claim?
In New York, close family members benefit from money that is recovered in a wrongful death lawsuit. This usually includes:
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Spouse
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Children
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Parents
If you want to figure out exactly who might be entitled to financial recovery and how much, you should reach out to a wrongful death lawyer as soon as possible.
Proving a Wrongful Death Claim in New York
In the state of New York, successfully prosecuting a wrongful death claim hinges on the plaintiff's ability to meet specific legal criteria:
The Defendant Acted Negligently
To establish a wrongful death claim in New York, the first step is proving that the defendant acted negligently. This means showing that the defendant failed to exercise a reasonable standard of care under the circumstances, which a prudent person would have observed.
The Negligence Caused the Deceased Person’s Death
It must also be demonstrated that the defendant's negligent actions were a direct cause of the deceased person's death. This connection is crucial for the claim to succeed.
Existence of Surviving Spouse, Children, or Other Beneficiaries or Dependents
The law requires that there be surviving beneficiaries or dependents of the deceased person. This can include a spouse, children, or other relatives who were financially dependent on the deceased. The claim seeks to compensate these survivors for their loss.
Survivor(s) Have Suffered Financial Damages
Lastly, it must be shown that the survivors have endured financial hardship as a result of the death. This includes loss of income, medical and funeral expenses, and other pecuniary losses. Proving financial damage is key to quantifying the compensation owed to the survivors.
Damages You Can Recover in New York Wrongful Death Claims
New York's wrongful death claims are distinct in what they allow survivors to recover in terms of damages. Understanding these can offer clarity and help set realistic expectations for those navigating these challenging waters. Below are the two main categories of damages recoverable under New York law:
Economic Losses
Economic loss forms the bulk of recovery in wrongful death claims. This encompasses losses that can be easily quantified into monetary terms, and most often includes:
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Loss of Earnings: The representative can claim the reasonable value of earnings lost from the time of the decedent's initial injury until their death. This calculation also considers the deceased's earning capacity, age, and potential future earnings.
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Medical and Nursing Care Costs: Expenses incurred for the deceased's medical and nursing care resulting from their final injury or illness are recoverable.
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Funeral Expenses: The reasonable costs of funeral services, burial, or cremation can be claimed, easing the financial burden on the family.
Conscious Pain and Suffering of the Deceased
If the deceased endured conscious pain and suffering before death, the estate could recover damages for this period. This is distinct from the survivors' grief or suffering, which is not compensable in New York wrongful death actions.
Survivors' Recovery
Beyond economic losses and compensation for the deceased's suffering, New York law also allows the recovery of the following damages:
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Support and Services: Survivors may recover the value of support and services previously provided by the deceased.
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Loss of Parental Nurturing, Guidance, and Education: Children of the deceased are entitled to recover for the loss of parental guidance, nurturing, and the value of education the parent would have contributed had they lived.
Understanding these allowable damages emphasizes the importance of comprehensive documentation and expert testimony in substantiating the claim. Seeking skilled legal advice is the most important step you can take when navigating this process.
Liability in Wrongful Death Claims
Determining liability in a wrongful death case involves identifying the parties responsible for the conditions or actions leading to the fatal incident. Liability can extend to:
Individuals: This includes another person whose direct actions led to someone's death. For instance, a driver responsible for a fatal traffic accident could be held personally liable.
Businesses and Employers: Companies may be held accountable if their failure to maintain a safe environment contributed to the wrongful death. This includes scenarios where an employer's lack of safety protocols or oversight results in fatal workplace accidents.
Employers can also be liable through vicarious liability if their employee causes someone else’s negligence in the course of their employment.
Manufacturers: In cases where a defective product causes a fatality, the manufacturer of that product can be liable. This liability is based on product liability laws that hold manufacturers responsible for ensuring their products are safe for consumer use.
Property Owners: When a death occurs due to unsafe conditions on someone's property, the property owner can be held liable under premises liability law. This encompasses deaths resulting from inadequate maintenance, lack of security, or hazardous conditions not properly addressed or warned against, for example.
Government Entities: In some cases, a government entity may be held liable for a wrongful death if their actions or lack of action contributed to the fatal incident. This can include situations like deaths resulting from police brutality or negligence by public agencies responsible for maintaining safe roadways.
Understanding the scope of liability in wrongful death cases can be complicated, making it essential to work with an experienced attorney as soon as possible.
We Can Help Even if You’re Loved One Was Partially to Blame For The Accident
In New York, the doctrine of pure comparative negligence allows for recovery of damages even if your loved one was partially responsible for the accident leading to their death.
Under this system, the deceased person's degree of fault is calculated in terms of a percentage, and the compensation awarded will be decreased based on that percentage.
For example, if the deceased was 30% at fault in an accident that led to their wrongful death and total damages were calculated at $100,000, then under New York's pure comparative negligence rules, the compensation available would be reduced by 30% or $30,000.
We Will File Your Wrongful Death Claim by The Deadline
In New York, the statute of limitations for filing a wrongful death claim is two years from the date of the decedent's death (not from the date of the accident). If you don't file your claim within this deadline, you will likely be prohibited from ever filing a lawsuit based on this loss.
However, there are exceptions to this rule that may extend or shorten the filing deadline under specific circumstances. Given the complexities surrounding these legal timelines and potential exceptions, it is important for individuals to consult a knowledgeable wrongful death lawyer as soon as possible.
Contact Zieher & Associates For Help With Your New York Wrongful Death Claim
Losing a loved one due to the negligence or wrongful actions of another is a heart-wrenching experience. At Zieher & Associates, we understand just how difficult this time can be. That's why our firm is committed to providing compassionate guidance and dedicated legal support as you navigate through your rightful claim for damages.
You deserve closure and financial stability after such a tragic loss, and we're here to ensure you get it. For help after the loss of a loved one, contact Zieher & Associates today to schedule a free consultation.
