Losing someone unexpectedly is always heartbreaking, and it can turn your life upside down. You may need to deal with funeral costs before the grief has settled, and the income your family depended on may be gone. For many families, the financial pressure adds to a devastating loss.
New York law allows surviving family members to pursue compensation after a wrongful death. Our wrongful death lawyers in Lynbrook can review what happened, identify who may be liable, and help your family understand what a claim could be worth.
Our team at Levine And Wiss has helped victims and families recover hundreds of millions of dollars. We are committed to justice and focused on you. Call today for your free consultation and learn how our personal injury lawyers in Lynbrook can help.
What Is a Wrongful Death in New York?
Not every unexpected death gives rise to a legal claim. Under New York law, a wrongful death occurs when someone dies because of another party’s negligent or intentional act. Common situations include car accidents and medical errors.
To bring a claim, the death must have been caused by an act that would have supported a personal injury lawsuit had the person survived. If you believe your loved one passed away due to another person’s actions, you may have a claim.
Our wrongful death attorneys in Lynbrook can explain the laws and help you decide what to do if you suspect a wrongful death. We are here to help your family through this difficult time by providing support and seeking the justice your loved one deserved.
Do You Need an Attorney for a Wrongful Death Claim?
While it’s not legally required, it is always smart to work with a lawyer in a wrongful death case. Insurance companies typically get involved quickly after a fatal accident. An adjuster may contact your family within days, asking for statements or offering an early settlement.
That offer is rarely in your best interest. Early settlements are often far below what a family is actually owed. Once you accept a settlement and sign a release, you usually can’t recover additional compensation, even if you still need help.
Talk to our team before speaking with any insurance representative. We can deal with insurers, handle communications on your behalf, evaluate any offers made, and make sure your family is not pressured into accepting less than the claim is worth.
Lynbrook Wrongful Death Lawyer Near Me
(888) 468-4878Who Can File a Wrongful Death Claim?
New York’s wrongful death statute limits who can bring a claim. The lawsuit must be filed by the personal representative of the deceased’s estate. That person acts on behalf of the surviving family members who suffered a financial loss.
Eligible survivors who may benefit from the lawsuit include a spouse of the deceased, their children, or their parents. The court looks at who relied on the deceased for financial support or services.
If no estate has been opened, that step may need to occur before the lawsuit can move forward. Our Lynbrook wrongful death lawyers can help you understand what is required and how to move forward if the estate process has not started yet.
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Compensation in a Wrongful Death Case
A claim won’t change what happened, but it can take some of the financial pressure off your family.
How much a wrongful death lawsuit is worth depends on factors such as:
- Lost income and benefits the deceased would have earned over their lifetime
- The value of services they provided to the household, such as childcare or home maintenance
- Medical expenses incurred before death as a result of the injury
- Funeral and burial costs paid by the family
New York does not currently allow recovery for grief or emotional suffering in a wrongful death claim. However, a separate survival action may allow the estate to recover for the pain and suffering the deceased experienced before death.
Time Limits for Filing Your Claim
New York’s wrongful death statute of limitations is found in EPTL 5-4.1. It gives the personal representative of the deceased person’s estate two years from the date of death to file a lawsuit. Missing that deadline will almost certainly bar the claim, regardless of how strong the evidence is.
There are limited exceptions. If the defendant left New York State after the death and before the lawsuit was filed, that time away may not count toward the two-year period. Our attorneys can tell you exactly where your case stands and how much time you have left to act.
Get Help From Our Wrongful Death Attorneys in Lynbrook
It’s tough enough when a loved one passes away unexpectedly. Unfortunately, losing a family member to someone else’s negligence often means financial stress that most families are not prepared for. That pressure is real, and it does not ease on its own.
Our wrongful death attorneys in Lynbrook work with families who are facing exactly this situation. We investigate the circumstances of the death, identify all potential sources of recovery, and build a case aimed at getting your family fair compensation.
If you lost someone and believe another party may be responsible, contact Levine And Wiss today for a free consultation. Our legal team has more than 100 years of combined experience. We will listen to what happened and give you an honest assessment of your options.
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