The unexpected loss of a loved one is devastating, and it is something nobody could ever be prepared for. In cases where negligence or misconduct led to a person’s wrongful death, seeking help from an Elmont wrongful death lawyer may provide a path toward justice and financial stability.
At Levine And Wiss, PLLC, our dedicated attorneys bring a wealth of experience and a proven track record of success to each case we handle.
As members of the prestigious Multi Million Dollar Advocates Forum, our legal team has consistently secured substantial settlements and verdicts for our clients, demonstrating our commitment to excellence in wrongful death litigation.
We understand these cases’ hurdles and approach each with the utmost care, compassion, and determination. An Elmont personal injury lawyer on our team can work to achieve the best possible outcome for your grieving family.
How New York Defines Wrongful Death
Under New York law, a wrongful death occurs when a person’s death is caused by the wrongful act, neglect, or default of another party. This legal definition covers various scenarios, from fatal car accidents and medical malpractice to workplace incidents and defective product cases.
The major aspect in these cases is establishing that the death resulted from someone else’s negligence or intentional harmful actions.
To pursue a wrongful death claim in New York, the deceased person must have had a valid personal injury claim had they survived the incident. This means that the elements of negligence – duty of care, breach of duty, causation, and damages – must be present and provable in court.
The death must have caused pecuniary, or financial, losses to the deceased person’s surviving family members or estate.
New York’s wrongful death statute is somewhat unique compared to other states, as it primarily focuses on the economic losses suffered by the survivors rather than their emotional pain and suffering. This distinction reveals the importance of working with a wrongful death attorney in Elmont who can accurately assess and document all compensable losses.
For a free legal consultation with a wrongful dealth lawyer serving Elmont, call 888-468-4878
Steps You Should Take Following a Loved One’s Death
Taking certain steps can protect your legal rights and build a strong wrongful death case. While grieving is natural and necessary, it is also important to act quickly to protect your family’s interests. Consider taking the following actions:
- Obtain an official death certificate
- Secure any potential evidence related to the death
- Avoid discussing the case with insurance companies
- Consult with a qualified Elmont wrongful death attorney who can show their case results
Gathering relevant documents, such as medical records, police reports, and witness statements, can support your claim. Be cautious about signing documents or accepting settlement offers without legal representation, as these actions may impact your ability to seek full compensation later.
Remember that while these steps are important, your well-being comes first; do not hesitate to lean on family, friends, or professional support services during this difficult time.
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How Compensation May Be Calculated
Calculating compensation in a wrongful death case involves a comprehensive assessment of the economic losses suffered by the deceased person’s family and estate. While New York law primarily focuses on pecuniary losses, these can cover several damages beyond immediate financial impacts. Potential areas of compensation may include:
- Lost wages and benefits the deceased would have earned
- Loss of parental guidance for surviving children
- Medical and funeral expenses
- Loss of inheritance
- Value of support and services the deceased provided to the family
Each factor requires careful evaluation and often involves expert testimony to establish accurate projections of future losses. Factors such as the deceased person’s age, earning capacity, life expectancy, and the specific circumstances of their dependents all play a role in determining the overall compensation amount.
Working with an attorney with experience in properly valuing these claims is helpful to ensure that all eligible damages are accounted for in your case.
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Potential Parties Who May File a Wrongful Death Claim
In New York, the law specifies who has the legal standing to file a wrongful death lawsuit. Unlike some other states, New York restricts this right to the personal representative of the deceased person’s estate. This individual is typically named in the deceased’s will or appointed by the court if no will exists.
While the personal representative initiates the legal action, they do so on behalf of the deceased person’s surviving family members, who may be entitled to compensation.
These beneficiaries often include the deceased’s spouse, children, and parents. In some cases, other family members financially dependent on the deceased may also be eligible to receive a portion of the damages awarded.
It is worth noting that while the personal representative files the lawsuit, the compensation recovered is typically distributed among the eligible surviving family members according to their degree of loss.
The court oversaw this distribution to ensure fairness and adherence to New York’s laws governing wrongful death claims. Additionally, the personal representative must be mindful of New York’s two-year statute of limitations for wrongful death claims, as failing to file within this timeframe can result in losing the right to seek compensation.
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Never Be in a Rush to Settle
When facing the financial pressures that often accompany the loss of a loved one, it can be tempting to accept a quick settlement offer. However, rushing into a settlement can be a costly mistake that may leave your family without adequate compensation for long-term losses. Consider these important factors before settling:
- The full extent of your economic losses may not be immediately apparent
- Insurance companies often make initial lowball offers
- Settling too quickly may prevent you from seeking additional compensation later
Take the time to consult with an experienced wrongful death attorney who can provide a thorough evaluation of your case. A wrongful death lawyer in Elmont can help you understand the true value of your claim and negotiate effectively on your behalf.
Remember that once you accept a settlement, you typically waive your right to pursue further legal action related to the wrongful death.
Work Alongside an Elmont Wrongful Death Attorney
At Levine And Wiss, PLLC, our Elmont wrongful death lawyers are committed to fighting for the full and fair compensation our clients deserve. We understand the profound impact a wrongful death can have on a family, and we are dedicated to providing compassionate support throughout the legal process.
Contact our team today to start with a free, no-obligation consultation.
Call 888-468-4878 or complete a Free Case Evaluation form