Babylon Wrongful Death Lawyer

Few things in life are as difficult as the death of someone you care about. Knowing that the accident was preventable can make the pain even greater. If you have lost a family member or loved one due to someone’s negligent conduct, you need to speak to a Babylon personal injury lawyer about your legal options.

Depending on the circumstances, the team from Levine And Wiss can help you file a wrongful death claim to recover your financial and emotional losses. No amount of money can truly make up for loss, but a financial settlement can give you space and stability to heal and move forward with life.

Our team brings over 100 years of combined legal experience and endless compassion to your family’s case. Send us a message today to schedule a consultation with our Babylon wrongful death lawyers.

How Does New York Define Wrongful Death?

New York law defines a wrongful death as any death caused by another person’s wrongful act, neglect, or default. When someone dies due to another’s wrongful conduct, it may be possible to take legal action against the responsible party.

A wrongful death lawsuit can be conceptualized as a personal injury lawsuit the deceased would have made if they had survived.

Examples of Wrongful Death in Babylon

Any death that is the result of someone’s negligent acts or omissions can be grounds for a wrongful death lawsuit. Common causes of wrongful death include:

• Auto collisions
• Truck accidents
• Motorcycle collisions
• Premises liability accidents
• Medical malpractice
• Workplace injuries (e.g., construction accidents)
• Nursing home abuse/neglect

To prove a wrongful death, you must show that the at-fault party breached some standard of reasonable conduct when they caused the death. Below are hypothetical examples that could be grounds for a wrongful death lawsuit:

• A driver runs a stop sign and kills a pedestrian crossing at the intersection.
• A doctor misses obvious signs of cancer until it develops and becomes terminal.
• A person dies in a bus accident due to neglected vehicle maintenance.
• A tenant dies from electrocution after their landlord neglects regular electrical inspections.
• A construction worker falls to their death because their employer didn’t provide a safety harness.

In each of these cases, the death is the direct result of some party’s negligent conduct, which makes them legally responsible.

Wrongful Death vs. Homicide

The circumstances that generate a wrongful death claim may also result in a criminal homicide trial. These two processes are distinct and serve different ends. Criminal trials are to punish criminal behavior, while civil cases are for compensating the deceased’s survivors and estate.

Most importantly, one doesn’t have to be guilty of criminal homicide to be civilly liable for a wrongful death. Criminal trials operate on an evidentiary standard of “beyond a reasonable doubt,” whereas wrongful death claims operate on the lower “preponderance of evidence” standard.

Who Can File a Wrongful Death Claim in Babylon?

In some states, the deceased’s surviving family member can bring a wrongful death claim to the courts. However, in New York, only the deceased’s personal representative, as named in their will, can file suit. If the deceased had no will or designated representatives, the state will appoint one.

Who Receives the Money from a Wrongful Death Lawsuit in New York?

Only the deceased’s personal representative can file a wrongful death claim, but the money from a lawsuit is solely for the benefit of the deceased’s surviving relatives. Money from a wrongful death lawsuit goes to these relatives according to New York’s laws of intestate succession.

The priority of distribution is based on the relative’s exact relationship to the deceased:

• Surviving spouse and children
• Parents
• Siblings
• Grandparents
• Aunts/uncles

Financial Compensation for Wrongful Death in Babylon

Through a lawsuit, a wrongful death lawyer in Babylon can pursue compensation for the following losses:

• Cost of medical treatment incurred by the deceased before death
• The deceased’s lost work income and loss of future earnings
• Reasonable funeral and burial costs
• Financial support that the deceased would have provided the family
• Replacement cost of lost household services (e.g., childcare, housekeeping, etc.)
• Interest on damages

Note that New York law limits damages in wrongful death claims to economic (“pecuniary”) damage only. Surviving family members cannot recover compensation for their emotional suffering or distress.

Time Limit for Filing a Wrongful Death Claim in Babylon

Based on NY EPTL 5–4.1, the deceased’s personal representative has two years to file a wrongful death lawsuit. The time starts from the date of death, which may differ from the date of the initial injury event. There are a few important exceptions to this time limit, though, such as:

• Medical malpractice. For deaths due to medical negligence, the applicable time limit is two years and six months instead of just two years.
• Criminal proceedings. If the wrongful death also involves a criminal trial, the personal representative has one year from the day criminal proceedings are resolved.
• Claims against the government. When suing a government agency or employee, the representative must first send a notice of claim within 90 days before filing a lawsuit.

If you miss any of these filing deadlines, your legal claim for financial damages will expire, so it’s important not to delay.

Contact Our Offices to Speak to a Wrongful Death Lawyer in Babylon

Nothing can truly fill the void that a loved one leaves after death. But through a wrongful death settlement, you can begin to pick up the pieces and embark on the road to recovery. Let Levine And Wiss be your partner, who will fight to secure justice on your behalf and on behalf of your cherished one’s memory.

Send us a message online or call today to discuss your case with a wrongful death attorney in Babylon.