Wrongful Death Lawyer in Long Island

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.

We are ready to help you demand justice for your loved one’s recent loss. You can count on us to represent your best interests in and out of civil court without infringing on the time that you and your family need to grieve. We’re on your side and ready to go to work for you.

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 law, 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

When to File Your Lawsuit

If these factors are present, a wrongful death action may be filed, though only if you do so by the applicable deadline. The statute of limitations for wrongful death actions is generally two years from the decedent’s death, and the time frame shrinks if the incident occurred 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.

What’s the Difference Between Civil and Criminal Action?

Wrongful death cases allow you and your family to financially recover after a loved one’s untimely passing. However, these cases are distinct from criminal cases. If police officers believe that the party responsible for your loved one’s death broke the law, they can open an investigation into that party’s misconduct.

Our personal injury lawyers don’t work on criminal cases. We cannot represent you in criminal court or demand that a liable party face jail time. However, your criminal and civil cases may take place concurrently, meaning that the party liable for your loved one’s death may face civil and criminal consequences at the same time.

If New York’s criminal courts convict your liable party of a crime before your civil case concludes, that party may go to prison for your loved one’s death. What’s more, our team can use their conviction as evidence that they engaged in wrongdoing. That conviction can make it easier for you to argue for your family’s right to damages.

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 possible 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
• Slip and fall 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. Meeting with our team does not obligate you to go to court but can instead let you learn more about the civil process and what rights you have to work within it.

What Evidence Do You Need to File a Wrongful Death Claim?

We recommend that you work with a trial lawyer to pursue a wrongful death claim because experienced New York wrongful death lawyers can help you gather the evidence you need to prove your right to a case. Our law firm works with investigators to help you argue that:

• Another party owed your loved one a duty of care at the time of their accident.
• That party engaged in negligent actions and breached their duty of care.
• That breach played a direct role in your loved one’s fatal accident, resulting in their and your losses.

The evidence we use to make a personal injury claim against liable parties can include:

• Witness statements
• Accident reconstruction
• Video footage of the accident
• Photos from before, during, or after an accident
• Financial records elaborating on your post-accident expenses, including medical expenses and funeral costs
• Electronic data
• Expert witness testimony
• Police reports

We can keep you up to date as our investigation into your loved one’s fatal accident evolves. You can trust us to do so respectfully, ensuring that your family can continue to pursue justice for your losses without living through the grief of a loved one’s loss over and over again.

Benefits of Hiring a Long Island 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.

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 untimely 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 state statutes, preserving your right to compensation.

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 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 an untimely fatal 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.