Wrongful Death

How Can A New York Wrongful Death Lawyer Help?

Losing a loved one due to the carelessness or unlawful action of another is a heartbreaking event. Seeking justice may be the last thing on your mind at this stressful time, but holding guilty people accountable is critical. This is when an expert New York wrongful death lawyer might come in handy. Navigating the legal complexity of wrongful death lawsuits takes specialist knowledge and skill.

Our New York personal injury attorneys are here to give the assistance and legal counsel you require. We understand the complexity of wrongful death lawsuits and can assist you in pursuing justice and compensation.

At Greenberg & Stein P.C. we will investigate the accident, collect evidence, negotiate with insurance companies, and, if required, represent your interests in court. We are dedicated to assisting you in navigating this tough period while seeking the recompense you deserve.

Do not hesitate to contact us. Call us at 212-681-2535 to schedule a free consultation to review your case.

The Importance of Hiring an Experienced New York Wrongful Death Attorney

A skilled lawyer knows the emotional toll of these cases and can provide compassionate support while managing the legal elements. They have the knowledge and experience to gather evidence, determine culpability, negotiate with insurance companies, and, if necessary, litigate to guarantee you obtain the compensation you deserve.

You may focus on recovering and rebuilding your life while they fight relentlessly to protect your rights.

What Is a Wrongful Death Claim?

A wrongful death suit occurs when a person dies as a result of another party’s negligent or unlawful acts. These claims attempt to hold the persons responsible for their conduct accountable and to compensate surviving family members who have suffered emotional and financial damages as a result of the death.

Who Can File a Wrongful Death Suit in New York?

Certain persons in New York have the legal standing to launch a wrongful death case. These people are usually the dead person’s spouse, children, and parents. If none of these people exist, other named beneficiaries may be able to submit a claim. It is critical to speak with a New York wrongful death lawyer to determine who has legal standing to initiate a lawsuit in your unique instance.

Elements of a Wrongful Death Claim

To establish a successful wrongful death claim, several key elements must be proven:

• Individual Death: The claim must include the death of a human individual.
• Negligence or Wrongful Conduct: The death must have occurred as a result of carelessness, recklessness, or deliberate injury.
• Duty of Care: The responsible party must have owed the deceased person a duty of care.
• Breach of Duty: The responsible person must be shown to have violated their duty of care.
• Causation: The breach of duty must have directly caused or contributed significantly to the person’s death.
• Damages: The remaining family members must have incurred measurable losses as a result of the death.
• Legal Standing: The claimants must have the legal right to file the claim.
• Statute of Limitations: The claim must be submitted within the time-frame indicated.

The Most Common Causes of Wrongful Deaths in NY

Wrongful deaths can occur tragically as a result of a variety of conditions, each with its own set of dangers and possible hazards. Understanding these prevalent causes is critical for increasing awareness and implementing preventative strategies. Here is a deeper look at each of New York’s leading causes of wrongful death:

Car Accidents

In New York, car accidents are the biggest cause of wrongful death. Negligent driving, inattentive driving, speeding, and intoxicated driving are all major contributors to these deadly incidents. Congested traffic and aggressive driving practices on New York’s busy streets might increase the chance of a collision. Car accidents, whether on highways or city streets, can have disastrous implications for both drivers and passengers, leading to tragic outcomes.

Medical Malpractice

It is critical that we put our health and well-being in the hands of medical specialists. Medical malpractice, on the other hand, happens when healthcare personnel fail to fulfill the anticipated level of care, causing damage or death to patients. Medical malpractice includes mistakes in diagnosis, pharmaceutical administration, surgical procedures, and post-operative care. These mistakes can have disastrous effects, especially when prompt and appropriate medical care is required.

Workplace Accidents

The different sectors of New York offer several work options, but they also bring inherent hazards. Accidents in the workplace, particularly in hazardous sectors such as construction, manufacturing, and transportation, can result in fatal injuries. Unsafe working conditions, insufficient safety training, and poor equipment maintenance can all lead to incidents that end in wrongful deaths.

Construction Accidents

Because of the presence of heavy gear, heights, and numerous building materials, construction sites are inherently risky. Mishaps at these locations are sadly prevalent and are frequently the consequence of poor safety precautions, a lack of suitable training, or a failure to comply with safety rules. Incidents that can result in fatalities include scaffolding falls, equipment faults and the structure collapses.

Truck Accidents

Large commercial vehicles present a serious risk on New York’s highways. Truck accidents, which frequently include semi-trucks and tractor-trailers, can have disastrous repercussions owing to their size and weight. Factors such as driver weariness, inappropriate loading, and mechanical problems can all lead to deadly crashes.

Slip and Fall Accidents

Slip and fall incidents may appear to be small, but they can be fatal, especially for vulnerable groups such as the elderly. Slips & falls caused by hazardous premises, damp flooring, uneven surfaces, and poor illumination can result in serious injuries or even death.

Nursing Home Neglect or Abuse

The expectation of good care and attention comes with entrusting the care of loved ones to nursing facilities. Unfortunately, incidences of nursing home neglect and abuse sometimes result in fatalities among patients. Some of the causes that might lead to these terrible incidents include malnutrition, insufficient medical treatment, pharmaceutical mistakes, and physical abuse.

Defective Products

Products we use on a daily basis can occasionally be faulty, posing major hazards to customers. Defective items, ranging from defective electronics to harmful drugs, can cause tragic incidents. Manufacturers, distributors, and retailers may be held accountable for knowingly releasing dangerous items into the marketplace.

Medical Negligence During Childbirth

Childbirth should be a happy event, but medical malpractice can have fatal effects. Mistakes committed during prenatal care, labor, or delivery can result in the death of the mother or the baby. Failure to monitor vital signs, delaying response to difficulties, or using medical procedures incorrectly can all lead to these terrible situations.

Motorcycle Accidents

Because of the lack of protective barriers for riders, motorcycle accidents are frequently connected with serious injuries and fatalities. Collisions with larger cars, bad road conditions, and irresponsible driving on the part of both motorcyclists and other drivers can all result in fatal incidents.

Helmets and other protective gear can reduce certain dangers, but motorcyclists’ susceptibility remains a major worry.

What Compensation Can I Get With a Wrongful Death Claim?

When pursuing a wrongful death claim, compensation is intended to offset the many losses and damages incurred by surviving family members as a result of their loved one’s untimely death. Understanding the various sorts of compensation available can give insight into the financial and emotional assistance that can be obtained via the legal procedure.

• Funeral and Burial Expenses: The expense of preparing a funeral and burial is one of the initial financial difficulties that follows a wrongful death. Funeral expenses might include a casket, burial plot, funeral ceremony, transportation, and other related fees. Compensation for funeral and burial expenses relieves the family’s financial burden during this difficult period.
• Medical Expenses: Medical costs accrued before to the person’s death might further contribute to the family’s financial burden. If the dead got medical treatment or care as a result of the incident that caused their death, these costs might be deducted from the amount of compensation claimed. This part of compensation seeks to reimburse the expenses of medical care and therapies provided in an attempt to save the person’s life.
• Lost Income: The financial assistance that the dead would have given to their family if they had lived is an important factor in wrongful death lawsuits. Compensation for lost income considers the dead person’s potential future wages, benefits, and contributions to the household. To assess the financial losses sustained by the family as a result of the person’s death, factors such as the person’s age, employment, earning ability, and life expectancy are considered.
• Loss of Consortium: The loss of a loved one has a tremendous emotional impact on survivors. Compensation for loss of consortium addresses the intangible losses suffered by the surviving spouse, children, and other family members as a result of their loved one’s absence. This reward honors the dead person’s emotional assistance, companionship, advice, and affection throughout time.
• Pain and Suffering: Compensation for pain and suffering aims to recognize the departed person’s physical and mental hardship prior to death. This compensation is based on the person’s grief, suffering, and emotional agony as a result of the incident that led to their death. It acknowledges the individual’s sorrow as well as whatever mental agony they may have experienced in their final moments.
• Punitive Damages: Punitive damages, in addition to other types of compensation, may be granted in circumstances of excessive carelessness or willful misbehavior. Punitive damages are meant to penalize the responsible party for their outrageous acts and to discourage future similar behavior. These damages are not often granted and are usually reserved for circumstances in which the responsible party’s acts were particularly careless or malicious.

What Is the Pecuniary Loss Statute in New York?

Wrongful death claims in New York are examined using the “pecuniary loss” law. This means that compensation is computed based on the remaining family members’ financial losses as a result of the death.

This can include missed profits, future financial contributions, and other monetary losses that can be quantified.

How Long Do I Have to File a Wrongful Death Lawsuit in New York?

In New York, the statute of limitations for filing a wrongful death case is normally two years from the date of death. Consult with an attorney as soon as possible to ensure you fulfill this deadline and have enough time to gather evidence and establish a solid case.

What Is the Average Wrongful Death Settlement in New York?

In New York, the typical wrongful death settlement can vary greatly depending on criteria such as the circumstances of the death, the degree of carelessness, and the magnitude of damages.

There are cases in which the victims have been awarded millions of dollars. It is crucial to remember that each situation is different, and speaking with an experienced attorney can give you a better idea of what you may anticipate in terms of compensation.

Are Wrongful Death Settlements Taxable in NY?

In most cases, compensation from wrongful death settlements is not taxable under federal income tax law. However, it is recommended that you speak with a tax specialist to fully understand any potential state-specific tax ramifications.

How Our New York Personal Injury Attorneys Can Help?

Our New York personal injury attorneys are here to give the assistance and legal counsel you require. We understand the complexity of wrongful death lawsuits and can assist you in pursuing justice and compensation.

At Greenberg & Stein P.C. we will investigate the accident, collect evidence, negotiate with insurance companies, and, if required, represent your interests in court. We are dedicated to assisting you in navigating this tough period while seeking the recompense you deserve. Call us at 212-681-2535 to schedule a free consultation to review your case.