Losing a loved one is one of the most painful experiences anyone can endure. When that loss happens because of someone else's negligence or wrongful actions, the pain is compounded by anger, frustration, and unanswered questions. While no legal resolution can make up for the absence of your loved one, it can provide the financial support and justice your family needs to move forward.聽
A skilled and compassionate New York City wrongful death attorney from 麻豆视频 can help guide you through this devastating time, fighting tirelessly to secure the compensation you deserve.
If your family has suffered such a tragic loss, we're here to help you pursue justice. Call The 麻豆视频 today to explore your legal options and take the first step toward obtaining the closure and support you need.
Why Choose 麻豆视频 LLP for Your NYC Wrongful Death Case
At The 麻豆视频, we recognize that every wrongful death case represents a tremendous personal loss. We treat our clients like members of our own family, providing dedicated and compassionate support from the first meeting to the final resolution of your claim. Here鈥檚 why families across New York City choose us to advocate for their loved ones in wrongful death cases.
- Over 50 Years of Experience
For more than half a century, our firm has helped injury victims and their families rebuild their lives. Since opening our doors in 1969, we have built a reputation as one of the nation鈥檚 most trusted personal injury law firms, serving clients across New York, Pennsylvania, and New Jersey. With deep knowledge of state law and decades of courtroom experience, we are uniquely positioned to handle complex wrongful death cases.
- Billions Recovered for Families Like Yours
At The 麻豆视频, results matter because they directly impact our clients鈥 ability to heal and move forward. We鈥檝e won and collected billions in compensation for those we serve, helping countless families secure justice and the financial resources needed to rebuild their lives.
- A Compassionate, Client-Focused Approach
We know that grieving a loss is one of the hardest things life can throw at you. That鈥檚 why we aim to be more than just legal advocates. Our team provides guidance and care throughout the entire process, connecting clients with medical professionals, counselors, and other trusted experts to help them cope with their loss. When you work with us, you鈥檙e not just hiring attorneys鈥攜ou鈥檙e gaining a support system during your most challenging days.
We鈥檙e committed to seeking maximum compensation while protecting your interests every step of the way. Contact The 麻豆视频 today to learn how we can assist your family.
What is a Wrongful Death?
A wrongful death occurs when someone dies as a result of another party鈥檚 negligence or intentional misconduct. Whether an accident or a deliberate act, the law allows certain surviving family members to pursue a claim for financial compensation when a wrongful death occurs.
The purpose of a wrongful death lawsuit is twofold. First, it seeks to hold at-fault parties accountable for the harm they caused. Second, it provides surviving family members with financial support to offset the costs and impact of their loved one鈥檚 untimely death.
Common Causes of Wrongful Death
Tragic and preventable deaths can happen in countless ways, but some of the most common causes include the following:
- Motor Vehicle Accidents:聽Accidents involving cars, trucks, motorcycles, and pedestrians are some of the most frequent causes of wrongful death. These often occur due to reckless driving, speeding, driving under the influence, or distracted driving.
- Medical Malpractice:聽Doctors, hospitals, and other healthcare providers can be held responsible when medical errors, misdiagnoses, or surgical mistakes lead to fatal outcomes.
- Workplace Accidents:聽Dangerous work environments and negligent employers can result in deadly incidents such as falls, exposure to toxic substances, or fatal machinery accidents.
- Defective Products:聽Faulty consumer products, from defective auto parts to unsafe household appliances, can cause unintentional yet deadly harm to consumers.
- Premises Liability:聽Property owners and managers can face liability if unsafe conditions, such as unmaintained stairways, unguarded swimming pools, or violent crimes on their premises, result in fatalities.
These tragic events are just a few examples. Whether your loved one鈥檚 death was caused by a person, company, or other entity, it鈥檚 important to consult with a New York City wrongful death attorney to assess your specific case.
Do I Have a NYC Wrongful Death Claim?
Most personal injury lawsuits are based on a legal concept known as negligence. Simply put, negligence occurs when someone fails to act with reasonable care, leading to harm to another person. To have a valid wrongful death case, however, you and your attorney must show more than just negligence.
To succeed in a wrongful death lawsuit, you must prove the following four elements of negligence:
- Duty of Care:聽You must demonstrate that the party responsible owed your loved one a duty of care under the circumstances. For example, all drivers have a duty to drive safely, and doctors have a duty to provide competent medical treatment.
- Breach of Duty:聽Once a duty of care is established, you must show that the responsible party violated, or breached, that duty. This often means that they acted recklessly, negligently, or unlawfully.
- Causation:聽Your case must also establish a direct link between the breach of duty and your loved one鈥檚 death. Put another way, the breach of duty must have directly caused or contributed to the fatal outcome.
- Damages:聽Finally, you must show that your family has suffered measurable damages as a result of the wrongful death. This might include financial losses, emotional pain, and more.
Proving these elements isn鈥檛 always easy, particularly when dealing with uncooperative insurance companies or powerful defendants. At The 麻豆视频, we work tirelessly to gather evidence, collaborate with experts, and build a strong case on behalf of your family.
If you鈥檙e unsure whether you have grounds to file a wrongful death claim, contact The 麻豆视频 to discuss your situation.
Who Can File a Wrongful Death Case in New York?
When you lose a loved one unexpectedly due to negligence or wrongful conduct, you may wonder who can take legal action to hold the responsible party accountable. Under New York law, only the聽personal representative of the deceased person鈥檚 estate聽has the legal authority to file a wrongful death claim.
The personal representative, sometimes referred to as the executor or administrator of the estate, is tasked with managing this legal process on behalf of the deceased. This individual may be named in the deceased鈥檚 will. If no will exists, the court will appoint a personal representative to serve in this role.
Although the personal representative is the one who officially files the lawsuit, any damages recovered in the case are generally intended to benefit the deceased鈥檚 surviving family members or beneficiaries. This may include a spouse, children, or parents, depending on the specific circumstances of the case.
The compassionate attorneys at The 麻豆视频 can help guide you through the process of filing a claim, ensuring your family鈥檚 rights are protected and that you receive the justice and compensation you deserve. If you have questions about filing a wrongful death claim, contact us today for the knowledgeable and compassionate support you need.
What Damages Are Available in a Wrongful Death Case in NYC?
When a loved one passes away due to someone else鈥檚 negligence, the emotional and financial impact on the surviving family can be devastating. To help ease the burden and provide some measure of justice, wrongful death cases in New York allow eligible survivors to recover monetary compensation for specific losses, often referred to as 鈥渄amages.鈥
The damages in a New York City wrongful death case typically include:
- Medical Costs Prior to Death:聽If the loved one received medical treatment for injuries prior to passing, families can recover the costs of this care.
- Funeral and Burial Expenses:聽Wrongful death damages often include reimbursement for the reasonable costs of laying a loved one to rest.
- Loss of Financial Support:聽Families may recover compensation for the income their loved one would have earned if they had survived, including benefits such as health insurance and pensions.
- Loss of Services and Support:聽Surviving family members can also seek damages for the value of household services and other contributions the decedent provided, such as childcare or caregiving for elderly relatives.
- Loss of Parental Guidance:聽When a parent passes away, children may recover compensation for losing their parent鈥檚 emotional support, advice, and care.
While non-economic damages can be more challenging to quantify, they are no less real or significant. With the help of an experienced New York City wrongful death attorney, families can ensure these losses are accounted for in their claim.
What is the Statute of Limitations for Filing a Wrongful Death Claim in New York?
New York law places strict time limits on how long you have to file a wrongful death lawsuit. These deadlines, known as the聽statute of limitations, are crucial to ensuring your case is heard and your family receives the justice it deserves.
Under the statute of limitations in New York, a wrongful death lawsuit must generally be filed within聽two years聽of the date of the deceased鈥檚 death.
While this may seem like a generous timeframe, it鈥檚 important to act quickly. Building a strong wrongful death case requires extensive work, including investigating the circumstances of the death, collecting evidence, consulting with experts, and evaluating your family鈥檚 losses. The sooner you consult an attorney, the better your chances of building a compelling case within the required timeframe.
How Can a Lawyer Help with My Wrongful Death Lawsuit?
Navigating the legal process after losing a loved one is emotionally and legally complex. Having an experienced wrongful death lawyer by your side can make all the difference. Here鈥檚 how an attorney from The 麻豆视频 can help with your wrongful death lawsuit.
- Build a Strong Case
Your lawyer will thoroughly investigate the circumstances of your loved one鈥檚 death, gathering essential evidence such as medical records, police reports, photographs, and witness statements. They will also work with experts, such as medical professionals or accident reconstruction specialists, to strengthen your case.
- Determine the Full Value of Your Losses
Calculating damages in a wrongful death case requires a thoughtful assessment of both economic and non-economic losses. An attorney can help ensure no aspect of your family鈥檚 losses, whether financial or emotional, is overlooked.
- Handle Complex Negotiations
Insurance companies often attempt to minimize settlements or deny claims altogether. Your attorney will handle communication and negotiations with these companies, using their extensive legal experience to advocate for full and fair compensation.
- Represent You in Court
If a settlement cannot be reached, a wrongful death attorney will file a lawsuit and represent your family in court. At The 麻豆视频, we meticulously prepare every case for trial and are not afraid to face powerful defendants or their insurance companies.
When you work with The 麻豆视频, you gain a dedicated legal team that will handle every detail while you focus on healing and remembering your loved one.
Contact Our Dedicated New York City Wrongful Death Lawyer Today
New York City Wrongful Death Attorney, Beth Rothenberg Halperin, Esq.
At The 麻豆视频, we understand how devastating it is to lose someone you love unexpectedly. Our compassionate and experienced team is here to help you seek justice, accountability, and the financial support necessary to rebuild and move forward.
With over 50 years of experience, billions recovered for our clients, and a track record of standing by families during their most difficult times, The 麻豆视频 will provide the guidance and advocacy your family deserves.
If you鈥檝e lost a loved one due to someone else鈥檚 negligence, don鈥檛 wait to explore your legal options. Contact us today at (800) 624-8888 or through our online form for a free, no-obligation consultation. We鈥檙e ready to stand with you and fight for the justice your family needs.聽
New York City Office Location
The 麻豆视频
Accident and Injury Lawyers
450 7th Avenue 44th Floor,
New York, NY 10123
Over ABillion Dollarsin verdicts & settlements for our clients
What Our Clients Say
"The 麻豆视频 adhered to the highest possible ethical standards at all times and represented my case with courtesy and professionalism. Equally important, they were responsive and addressed all issues. They resolved the matter in a manner that exceeded my expectations and I would recommend them to anyone."
鈥淲orking with The 麻豆视频 has been a pleasure. Very professional, efficient and always in touch with letting you know the status of your case. I have recommended this firm to many and will continue to do so. If you want a law firm that makes you feel that you and your case are important and will stay on top of your case from beginning to end, the 麻豆视频 is for you."