Get Legal Representation from the best Wrongful Death Attorneys in New York at Shalom Law
Losing a loved one is always a devastating experience, but when their death is caused by someone else’s negligence or intentional actions, the pain can be even more profound. At Shalom Law, we understand the immense emotional and financial challenges faced by families dealing with wrongful death. Our experienced wrongful death attorneys in New York, are dedicated to helping families seek justice and secure the compensation they deserve. Serving clients across Queens, Brooklyn, Bronx, Manhattan, Staten Island, Nassau County, Suffolk County, and parts of Upstate New York, we are committed to providing compassionate and effective legal representation during this difficult time.
Facts and Statistics About Wrongful Death
According to the Centers for Disease Control and Prevention (CDC), accidental injuries are one of the leading causes of death in the United States. In New York, wrongful death cases often arise from a variety of incidents, including car accidents, medical malpractice, workplace accidents, and violent crimes. Understanding the impact of wrongful death underscores the importance of seeking legal support to hold the responsible parties accountable.
- Prevalence of Accidental Deaths: Accidental deaths are a significant cause of mortality, highlighting the critical need for safety and accountability.
- Emotional and Financial Impact: Wrongful death not only causes emotional devastation but can also lead to financial hardships or even ruin due to medical bills, funeral costs, and loss of income.
- Legal Recourse: Families have the right to seek justice and compensation through wrongful death claims to alleviate the financial burdens and hold negligent parties responsible.
Common Causes of Wrongful Death in New York
- Automobile Accidents: Accidents involving cars, trucks, buses, motorcycles, or some other kind of vehicle that are caused by speeding, distracted driving, or driving under the influence can lead to fatal outcomes. Families can seek justice through wrongful death claims.
- Medical Malpractice: Misdiagnosis, surgical mistakes, and medication errors can result in wrongful death. Healthcare providers may be held accountable for their negligence.
- Workplace Accidents: Fatal accidents in the workplace can occur due to inadequate safety measures and hazardous conditions. Employers may be liable for failing to ensure a safe working environment.
- Product Liability: Faulty machinery, vehicles, or medications can cause fatal injuries. Manufacturers and distributors can be held responsible for wrongful deaths resulting from defective products.
- Violent Crimes: Assault and homicide are deliberate actions that can lead to wrongful death. Perpetrators, and sometimes third parties, may be held liable for these acts.
Who Can File a Wrongful Death Claim?
In New York, the personal representative of the deceased’s estate typically files a wrongful death claim on behalf of the surviving family members. Eligible beneficiaries can include:
- Spouse: The deceased’s spouse can seek compensation for the loss of companionship and financial support.
- Children: Minor and adult children can claim for the loss of parental guidance and financial contributions.
- Parents: In some cases, parents of the deceased can pursue compensation for the loss of their child’s support and care.
- Other Dependents: Other dependents or beneficiaries may also be eligible, depending on their financial reliance on the deceased.
Types of Compensation in Wrongful Death Claims
Economic Damages
- Medical Expenses: Costs forany medical treatment related to the deceased’s final injury or illness.
- Funeral and Burial Costs: Expenses associated with the deceased’s funeral and burial processions.
- Loss of Income: Compensation for the financial support the deceased would have provided to their family.
- Loss of Services: Value of household services the deceased would have contributed.
Non-Economic Damages
- Pain and Suffering: Compensation for the emotional distress experienced by surviving family members.
- Loss of Consortium: Damages for the loss of companionship, love, and support from the deceased.
- Loss of Parental Guidance: Compensation for the loss of parental care and guidance for surviving children.
Punitive Damages
- In cases of gross negligence or intentional misconduct, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
Proving Liability in a Wrongful Death Case
To succeed in a wrongful death lawsuit in New York, you must establish that another party’s negligence or misconduct directly caused your loved one’s death. At Shalom Law, our experienced team is dedicated to gathering the evidence needed to build a strong case for you.
Establishing a Duty of Care
The first step in proving liability is to show that the defendant owed a duty of care to the deceased. This means the defendant had a legal obligation to act in a manner that would avoid causing harm to others. For example:
- Drivers: Must adhere to traffic laws and drive safely.
- Doctors: Must provide a standard level of medical care.
Our attorneys will help demonstrate that this duty of care existed in your case.
Breach of Duty
Once a duty of care is established, it must be shown that the defendant breached this duty. This breach can occur through direct actions or through a failure to act. For example:
- Drivers: Engaging in reckless behavior such as speeding or driving while distracted.
- Doctors: Committing errors during surgery or failing to diagnose a condition properly.
Our team is skilled at proving that the defendant’s conduct fell short of their duty of care.
Causation
The next step is to establish a direct link between the breach of duty and the death of your loved one. This step involves showing that the defendant’s actions or inactions were the direct cause of the fatality. Our team collaborates with experts to establish this connection convincingly.
Demonstrating Damages
Finally, it is essential to demonstrate that the death caused substantial damages. This includes both financial losses and emotional suffering. Examples include:
- Economic Losses: Funeral expenses, medical bills, lost wages.
- Non-Economic Losses: Pain and suffering, loss of companionship, and emotional distress.
Our wrongful death lawyers are adept at quantifying these damages to ensure you receive fair compensation for the death of your loved one.
Steps to Take if You Are Considering a Wrongful Death Claim
Seek Legal Counsel
- Consult an Attorney: Contact an experienced wrongful death attorney to discuss your case and understand your legal options. You may contact Shalom Law for a free consultation to discuss your case with our experienced wrongful death attorneys.
Gather Documentation
- Collect Evidence: Gather medical records, accident reports, witness statements, and other relevant documentation to support your claim.
- Document Expenses: Keep records of all expenses related to the deceased’s death, including medical bills and funeral costs.
File a Claim
- Initiate Legal Action: Work with your attorney to file a wrongful death claim within the statute of limitations, which is typically two years from the date of death in New York.
How Shalom Law Can Help
At Shalom Law, our dedicated wrongful death attorneys in New York, provide compassionate and comprehensive legal support to families during what will mostly likely be one of the most challenging times of their lives. Here’s how we can assist you:
Thorough Investigation
- Evidence Gathering: We conduct a detailed investigation to gather all necessary evidence, including medical records, accident reports, and witness statements, to build a strong case.
- Expert Consultation: We work with medical experts, accident reconstruction specialists, and other professionals to establish liability and the extent of damages.
Personalized Legal Strategy
- Customized Approach: We develop a tailored legal strategy that addresses the unique circumstances of your case, focusing on achieving the best possible outcome.
- Claims Management: We handle all aspects of the wrongful death claim process, from filing paperwork to negotiating with insurance companies, allowing you to focus on healing.
Aggressive Representation
- Negotiating Settlements: Our attorneys are skilled negotiators who strive to secure a fair settlement that covers all your economic and non-economic losses.
- Court Advocacy: If a settlement cannot be reached, we are prepared to take your wrongful death case to court and advocate vigorously on your behalf.
Ongoing Support and Communication
- Client-Centered Approach: We prioritize open communication, keeping you informed and involved throughout the legal process.
- Compassionate Guidance: We provide compassionate legal support, understanding the emotional toll of losing a loved one, and offering guidance every step of the way.
By choosing Shalom Law, you are choosing a firm committed to achieving the best possible outcome for your case. Visit our Personal Injury Law page for more information on how we can assist you.
Shalom Law Will Fight For You
The loss of a loved one due to someone else’s negligence is a tragedy that no family should ever have to endure alone. At Shalom Law, we are here to provide the legal support and guidance you need during this difficult time. Our experienced wrongful death attorneys in New York, are dedicated to helping you seek justice and secure the compensation you deserve. Contact us today at (718) 971-9474 for a free consultation. Let us help you navigate this challenging process and honor your loved one’s memory by holding the responsible parties accountable.
Wrongful Death FAQ
Who can file a wrongful death claim in New York?
In New York City and Long Island, the personal representative of the deceased’s estate typically files a wrongful death claim on behalf of the surviving family members, including spouses, children, and sometimes parents and other dependents.
What is the statute of limitations for wrongful death claims in New York?
The statute of limitations for wrongful death claims in New York is generally two years from the date of the deceased’s death. It’s important to consult with an attorney promptly to ensure your claim is filed within this timeframe.
What types of damages can be recovered in a wrongful death claim?
Compensation can include economic damages (medical expenses, funeral costs, loss of income), non-economic damages (pain and suffering, loss of companionship), and, in some cases, punitive damages for gross negligence or intentional misconduct.
How is liability determined in a wrongful death case?
Liability is determined through a thorough investigation of the circumstances surrounding the death. This includes gathering evidence, consulting with experts, and analyzing the actions of the responsible parties.
How long does the wrongful death claims process take?
The duration of the claims process can vary based on the complexity of the case, the willingness of parties to negotiate, and whether the case goes to trial. An experienced attorney can help streamline the process and work towards a timely resolution.
Can I pursue a wrongful death claim if my loved one was partially at fault?
Yes, New York follows a comparative negligence rule, which means you can still pursue a claim even if your loved one was partially at fault. However, the compensation may be reduced by their percentage of fault.
What if the death was caused by a defective product?
If a defective product caused the death, you might have a product liability claim against the manufacturer, distributor, or retailer. An attorney can help determine the best course of action in such cases.
