Wrongful Death Lawyer in Islip

The death of a loved one is one of the most difficult things a person can go through. The pain of loss can be even greater when you know that the death was avoidable and the result of someone else’s negligent or dangerous actions. If your loved one has been killed by someone’s wrongdoing, an Islip personal injury lawyer from Levine And Wiss is here to help.

Our team can help you file a wrongful death claim against the responsible party to recover the losses you’ve suffered. No amount of money can truly make up for losing a cherished individual. However, a settlement can give you stability as you heal and move forward.

We’ve recovered hundreds of millions of dollars for deserving clients and their families. We will work tirelessly to find justice and answers for your loved one’s death. Send us a message or call us to schedule a case consultation with a wrongful death lawyer in Islip.

How Does New York Define Wrongful Death?

In New York, when someone dies due to another person’s wrongdoing, it’s called a wrongful death. More specifically, New York defines a wrongful death as one caused by another’s wrongful act, neglect, or default. This includes deaths that are the result of negligence (e.g., car crashes) and deaths that are the result of intentional actions (e.g., assault).

When someone dies a wrongful death, their surviving heirs may be entitled to recover financial compensation in the form of a wrongful death lawsuit. The point of this lawsuit is to compensate them for the losses they suffered due to the deceased’s death.

Examples of Wrongful Death Cases We Litigate in Islip

What matters in a wrongful death is not so much how the death happens but whether the death was the result of negligence or intentional actions. As such, we litigate a wide range of wrongful death claims, including:

• Car and truck accidents. Car and truck accidents are some of the most common causes of wrongful death cases in Islip and the surrounding areas.
• Motorcycle accidents. Motorcycle accidents have a higher fatality rate than car accidents, despite motorcycles making up a smaller percentage of vehicles on the road.
• Bicycle and pedestrian accidents. Cyclists and pedestrians face a heightened risk of death in traffic accidents as they lack the cabin protection of motor vehicles.
• Premises liability accidents. If you’ve been injured while on someone else’s property, you can potentially sue the landowner for negligence.
• Construction accidents. Construction is one of the most dangerous industries, and workers face danger from falls, defective equipment, and hazardous materials.

What Kind of Compensation Can You Recover in a Wrongful Death Claim?

The point of filing a wrongful death lawsuit is to recover compensation for the loss you’ve suffered. Compensation in these cases is for the exclusive benefit of the deceased’s surviving relatives. Depending on the circumstances, a wrongful death lawyer in Islip can pursue compensation for the following losses:

• Reasonable funeral and burial expenses
• Healthcare expenses the deceased incurred before death
• Loss of financial support the deceased would’ve provided
• The value of household services the deceased performed (e.g., housekeeping)
• Loss of parental care, guidance, or nurturing
• Lost inheritance
• Interest on damages, calculated from the time of death

Note that New York doesn’t allow surviving family members to recover damages for the pain and suffering they experienced. However, you may also be able to secure punitive damages if the at-fault party displayed malicious or egregious conduct.

Who Can File a Wrongful Death Lawsuit in Islip?

Although the compensation goes to family members, only the deceased’s personal representative can file a wrongful death lawsuit. Some states allow the surviving family to file, but New York is not one of them. If the deceased didn’t have a representative, then the court can appoint one who can bring a lawsuit on the family’s behalf.

Time Limit for Wrongful Death Claims in Islip

New York’s wrongful death statute of limitations, outlined in NY EPT 5-4.1, places a two-year time limit on wrongful death lawsuits. Once two years have passed since the death, your legal right to recover compensation will run out. This timeline applies in most wrongful death cases, but there are some exceptions:

• Medical malpractice. The time limit for fatal medical malpractice lawsuits is two years and six months.
• Criminal activity. If the action giving rise to the wrongful death claim also causes a criminal investigation, the time limit is one year after the end of the case.
• Actions against government. For lawsuits against government employees or agencies, you must present a notice of claim within 90 days of the death before you file a lawsuit.

These time limits are extremely strict, and you shouldn’t count on exceptions to preserve your ability to sue. The best option is working closely with a lawyer who can initiate proceedings promptly and reduce the risk of payment delays.

Contact an Islip Wrongful Death Lawyer Today

At Levine And Wiss, we are determined to secure justice for you and the memory of your lost loved one. Let us show you why thousands of clients have chosen us for legal representation. Send us a message today to schedule a case consultation with a wrongful death lawyer in Islip.