Wrongful Death Lawyer in Copiague

Losing a loved one unexpectedly is one of the hardest things a person can go through. It is understandable if you feel overwhelmed and uncertain about what comes next. If another person caused your loved one’s death, taking care of legal decisions can be especially hard.

Your family has the right to seek justice when you lose someone due to the negligent or illegal actions of another person. Our wrongful death lawyers in Copiague will fight for the compensation you deserve and hold the at-fault party accountable for your suffering.

Our legal team at Levine And Wiss has more than 100 years of combined experience advocating for accident victims and their families on Long Island and in New York City. Call to schedule your free consultation and learn how our Copiague personal injury lawyers can help.

Who Can File a Wrongful Death Claim in New York?

In New York, only the personal representative of the deceased’s estate, as appointed by the Surrogate’s Court, can file a wrongful death claim. This individual may be named in the will as an executor or chosen by the court as an administrator if there is no will.

While the representative files the lawsuit, they act on behalf of the deceased person’s beneficiaries, such as a spouse, children, parents, or other dependents. Any compensation awarded is distributed to those legally entitled to it, based on their financial loss.

If your loved one passed away and you’re unsure who the personal representative is, or how to be appointed as one, our wrongful death attorneys in Copiague will help you understand the law. Getting that legal standing is the first step to filing a wrongful death claim in New York.

Do You Need an Attorney for a Wrongful Death Case?

While you are not legally required to have an attorney to file a wrongful death claim in New York, working with our team can make a significant difference in the outcome of your claim. These cases often involve complicated law, strict deadlines, and working with insurance companies.

Insurance companies may try to limit what they pay, especially in high-value cases. Wrongful death claims also involve estate matters, which can be difficult to manage on your own while going through the grieving process. Some additional ways our team will help include:

• Investigate the incident and determine what happened
• Identify liable parties
• Collect evidence to support your case
• Calculate the financial losses involved
• File your wrongful death lawsuit in New York
• Deal with insurance companies
• Negotiate for a settlement that completely addresses your losses
• Represent you in court when insurers won’t agree to a fair settlement

Common Causes of Wrongful Deaths

Any time an injury or accident results in death, you may have a wrongful death case. To prove wrongful death, we must show another’s negligence or wrongdoing directly caused the death and resulted in measurable damages to the surviving family or estate.

Our Copiague wrongful death lawyers can review the circumstances surrounding the loss of your loved one and advise you whether it meets the criteria.

Some types of accidents we often see resulting in wrongful deaths include:

• Car accidents caused by reckless driving, drunk driving, or mechanical failure
• Medical malpractice, including surgical errors, misdiagnosis, or delayed treatment
• Workplace accidents in construction or industrial jobs caused by unsafe conditions or a lack of training
• Nursing home abuse and neglect, such as untreated injuries, dehydration, or a lack of proper medical care
• Homicide, assaults, or other criminal acts resulting in death, even if there’s a separate criminal case
• Fatal falls from unsafe stairs, icy sidewalks, or poorly maintained buildings
• Pedestrian or bicycle accidents involving drivers failing to yield or speeding in crosswalks or bike lanes

Deadlines for Wrongful Death Claims in New York

In New York, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the person’s death. This deadline is set under New York Estates, Powers and Trusts Law (EPTL) § 5-4.1. There are some exceptions, such as:

• If there’s a criminal case related to the death, you may have up to one year from the end of that case to file, even if it’s past the original two-year limit.
• Claims against public agencies often require a Notice of Claim to be filed within 90 days and have a shorter deadline for starting the lawsuit.
• If a child would benefit from the claim, courts may allow extra time, though the executor still needs to act within standard limits.

Missing the deadline usually means you lose the right to bring the case, so it’s important to consult with our team as soon as possible.

Get Help From Our Wrongful Death Attorneys in Copiague

After a wrongful death in New York, you may face emotional and legal challenges. Grief can feel overwhelming, and if the person who passed away helped support your household, you might also face financial stress from lost income or medical bills.

You may also struggle with the feeling that your loved one didn’t get justice. Our Copiague wrongful death attorneys will help you hold the negligent parties accountable for the hardships they’ve caused so you can get the compensation your family deserves.

Levine And Wiss has recovered hundreds of millions in awards and settlements for our clients. We’re here to stand for your family and your loved one that you’ve lost. Call today for your free consultation and tell us your story.