Losing someone you love to an accident is a very painful experience. If you want the party responsible for the death of your loved one to be held accountable and to fight for the compensation you are entitled to, a compassionate wrongful death lawyer in Long Island is here to help.
Compensation from a wrongful death claim will not bring your loved one back, but it could make the lives of you and your family a little easier and bring some much-needed relief. Levine And Wiss has recovered hundreds of millions for past clients, so contact our Long Island personal injury lawyers now.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action against someone who has caused a person’s death by negligence. Wrongful death lawsuits allow the estate of the deceased person to file an action against the person or entity responsible for the wrongful death.
Under New York laws, per N.Y. Est. Powers & Trusts Law §5-4.1, filing a wrongful death lawsuit requires:
- Someone’s death
- Wrongful conduct or negligence of another caused the death
- The wrongful conduct or negligence could have been the subject of a lawsuit where the victim could have recovered damages if they had not died
- There are survivors who suffered damages because of the death
If these factors are present, a wrongful death action may be filed, as long as it is within two years of the date of death. This is because the statute of limitations for wrongful death actions is generally two years from the decedent’s death, and less if due to the fault of a municipal entity.
If you are not sure how much longer you have to file suit, contact your wrongful death lawyer on Long Island with Levine And Wiss to find out.
Who Can File a Wrongful Death Lawsuit?
The wrongful death laws in the United States can differ from one state to another. However, in New York, wrongful death lawsuits are filed by a representative of the deceased person’s estate or surviving family members per New York Civil Practice Laws & Rules §214.
If you live in New York, the personal representative of the decedent’s estate has the responsibility to file the wrongful death lawsuit, though damages will be awarded to beneficiaries and the decedent’s surviving family members.
Under What Circumstances Can You File a Wrongful Death Lawsuit?
There is no exclusive list of incidents that can give rise to wrongful death lawsuits. Everything you watch on the news could be a potential source of wrongful death lawsuits.
The following are just some examples of the common situations that can cause death and may require the support of an empathetic wrongful death attorney on Long Island:
- Medical malpractice
- Car accidents
- Airplane crashes
- Boat accidents
- Workplace accidents
- Truck accidents
- Motorcycle accidents
- Defective product fatalities
- Construction accidents
- Dog bites
As you can see, wrongful death actions can come about due to many different reasons. If your case has the core elements of a civil claim, you may have a civil lawsuit on your hands. We strongly encourage surviving family members to reach out to a Long Island wrongful death lawyer at our firm.
Long Island Wrongful Death Lawyer Near Me
(888) 468-4878Benefits of Hiring a Wrongful Death Lawyer From Our Firm
Losing someone due to negligent behavior is a devastating experience, especially when their death was preventable. Our legal team understands the emotional and financial impact accidental death can have on surviving family members in New York and Long Island.
Hiring a wrongful death lawyer from our firm ensures you have experienced guidance throughout the legal process, whether the loss resulted from car accidents, construction accidents, nursing home abuse, pedestrian accidents, or exposure to occupational hazards.
Experienced Representation Across a Range of Fatal Accidents
We help families pursue justice through a wrongful death lawsuit by holding negligent parties accountable. Our firm is skilled in handling cases involving medical malpractice, defective products, product malfunction claims, defective roadway conditions, negligent medical care, and auto accidents.
Protection From Insurance Companies and Legal Challenges
With a personal injury lawyer from our team by your side, you won’t face insurance companies or challenging legal procedures alone. We manage every aspect of your case, from filing to negotiation, while you focus on healing.
Comprehensive Case Preparation and Evidence Gathering
We conduct thorough investigations using accident reports, medical records, and expert testimony to build a strong case. Whether your claim involves strict liability, negligent medical care, or another form of wrongful death, we ensure no detail is overlooked.
Assistance With Required Legal Documents and Petitions
We assist with the preparation and filing of a Death Compromise Petition when necessary and guide families through personal injury litigation or settlement negotiations to recover maximum settlement proceeds.
Securing Financial Compensation for Survivors
Hiring us means protecting your right to financial support for funeral and burial expenses, loss of income, loss of consortium, economic damages, pecuniary loss, and other economic costs. We ensure all eligible damages are pursued aggressively on your behalf.
Ensuring Timely Filing Within Legal Deadlines
Our wrongful death lawyers in Long Island also make sure your claim is filed within the statute of limitations and aligns with wrongful death statutes, preserving your right to compensation.
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Damages That Can Be Recovered in a Wrongful Death Lawsuit
At the heart of every wrongful death lawsuit is the goal of securing damages for the loved ones left behind. In any wrongful death action, the pecuniary or financial injury suffered due to the death of the person is the primary measure of damages.
Courts consider some of the following when determining the amount of compensation to award to the surviving family:
- Funeral expenses
- The value of support and services the deceased provided
- The value of parental care and guidance to surviving children
- Wages and benefits lost between the deceased person’s final injury or illness and death
- Other health care expenses from the deceased person’s final injury or illness
- Pain and suffering endured by the deceased due to the final injury or illness
Contact a Top-Rated Long Island, New York Wrongful Death Attorney Today for a Free Case Evaluation
If someone you know and love has recently been a victim of wrongful death in the family, contacting the right wrongful death lawyer in Long Island to handle your case is an important first step.
At Levine And Wiss, our team has the experience and dedication to fight for your legal rights. Contact us today to schedule your free consultation and let us help you obtain the compensation you and your family deserve. For more information, visit our FAQ page.