Losing a loved one is devastating, especially when their death was caused by someone else’s negligence or wrongful actions. Families often face emotional and financial hardships in the wake of a wrongful death, from funeral expenses to the loss of future income.
If you’ve lost a loved one in Amityville, our Amityville wrongful death lawyers at Levine And Wiss are here to help you through this difficult time and pursue justice on their behalf.
With hundreds of millions recovered for our clients, Levine And Wiss is dedicated to providing compassionate, client-focused representation. Our Amityville personal injury lawyers will handle every aspect of your claim, from gathering evidence to negotiating settlements, so you can focus on healing.
What Is a Wrongful Death Claim in New York?
A wrongful death claim arises when a person’s death is caused by the negligence, recklessness, or wrongful actions of another party. In New York, specific individuals are eligible to seek damages in a wrongful death claim, including:
- The decedent’s spouse.
- The decedent’s children.
- The decedent’s parents.
- The personal representative of the decedent’s estate.
The personal representative of the estate is responsible for filing the wrongful death lawsuit on behalf of the surviving family members. Once compensation is awarded, it will be distributed to the eligible family members according to New York’s inheritance laws.
For a free legal consultation with a wrongful death lawyer serving Amityville
call 888-468-4878Legal Grounds for Filing a Wrongful Death Lawsuit in New York
To pursue a wrongful death claim in New York, certain legal requirements must be met. These include:
- The death of a person must have occurred.
- The death must have been caused by wrongful conduct or negligence. This can include actions such as reckless driving, medical malpractice, or unsafe workplace conditions.
- The wrongful conduct or negligence must have been actionable. This means that if the deceased person had survived, they would have been able to file a personal injury lawsuit for damages such as pain and suffering.
- There must be surviving family members who have suffered specific damages due to the loss of their loved one. These damages can include funeral expenses, loss of income, and loss of parental guidance.
Our lawyers will review your case to ensure all legal requirements are met and help you build a strong claim for compensation.
Amityville Wrongful Death Lawyer Near Me
888-468-4878What Damages Can Be Recovered in a Wrongful Death Claim?
In New York, wrongful death claims focus primarily on financial losses resulting from the deceased’s passing. Families can recover a variety of economic damages, including:
- Funeral and burial expenses: Families can seek compensation for the costs of laying their loved one to rest.
- Medical expenses: If the deceased received medical treatment before their passing, those costs can be recovered.
- Lost wages and benefits: Families may recover compensation for the income the deceased would have earned if they had lived.
- Loss of services and support: This includes the loss of the deceased’s contributions to household tasks, childcare, and other services they provided.
- Loss of parental guidance: Children of the deceased can seek compensation for the loss of guidance, care, and nurturing they would have received.
- Loss of inheritance: If the deceased would have accumulated wealth and passed it on to their family, that potential inheritance can be included in the claim.
While pain and suffering experienced by the deceased before death can be claimed in a survival action, emotional distress experienced by surviving family members is generally not compensable under New York wrongful death laws.
Our experienced attorneys with proven case results will carefully assess your case to determine which damages apply and work to maximize your compensation.
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Understanding New York’s Statute of Limitations for Wrongful Death Claims
In most wrongful death cases in New York, the statute of limitations is two years from the date of death. This means that families typically have two years to file a claim. However, there are exceptions that may extend or shorten this timeframe, depending on the specifics of the case.
For example:
- Medical malpractice cases may have different timelines depending on when the malpractice was discovered.
- Cases involving government entities may require families to file a notice of claim within a shorter timeframe, often as little as 90 days.
Because these deadlines can vary based on the details of your case, it’s important to contact a wrongful death lawyer as soon as possible. Acting quickly ensures that evidence is preserved, witnesses remain available, and your family’s legal rights are protected.
Why You Need an Amityville Wrongful Death Lawyer
Wrongful death cases are complex and require a legal team that understands the specific laws governing these claims in New York. At Levine And Wiss, we provide personalized attention and compassionate support to grieving families while handling the legal complexities of their case.
Here’s how we help:
- Investigating the cause of death to gather evidence and prove liability.
- Calculating damages to ensure all financial losses are accounted for.
- Negotiating with insurance companies to secure a fair settlement.
- Filing legal documents and meeting deadlines to protect your family’s right to pursue compensation.
Our goal is to ease your family’s burden by handling the legal process while you focus on healing. We take wrongful death cases on a contingency fee basis, meaning you don’t pay any legal fees unless we secure compensation on your behalf.
Schedule a Free Consultation with an Amityville Wrongful Death Lawyer
If you’ve lost a loved one due to someone else’s negligence, don’t wait to seek legal help. An Amityville wrongful death lawyer from Levine And Wiss will advocate for your family’s rights and help you pursue the compensation you need to cover funeral expenses, lost wages, and other damages.
With over 15 years in business and thousands of clients served, Levine And Wiss is a trusted name in personal injury law. We offer free consultations to discuss your case and answer any questions you may have. Contact us today to schedule your appointment and take the first step toward justice.