Wrongful Death Lawyer in West Hempstead

If you have lost a loved one to an untimely, preventable death, a West Hempstead wrongful death lawyer from our team at Levine And Wiss can provide the compassionate support you need.

Your loved one’s life mattered. Their wrongful death deserves justice, and as a surviving family member, you deserve compensation for the many losses you have experienced in the aftermath. With over 100 years of combined experience, our team has what it takes to fight for the justice your loved one and your family deserve.

You can rely on a West Hempstead personal injury lawyer from our team to guide you through the legal process, answer your questions, and stand up for your family during this challenging time.

How a Wrongful Death Lawyer in West Hempstead Can Help

An attorney can assist with all of your family’s legal needs after the loss of a loved one. Our professional team can:

Answer Your Legal Questions

We understand the confusion and uncertainty you may feel after losing a loved one. Our law firm will take the time to listen to all of your concerns and questions, providing straightforward answers that can help you understand your situation and your options. We maintain open communication throughout the legal process. 

Explain the Steps You Need to Take

We can tell you what to do if you suspect a wrongful death. We’ll provide clear information about each step you need to take throughout the legal process, so you always know what to expect next.

Build Your Family’s Claim

We take charge of building a claim for your family after a fatal accident. We’ll review what happened, identify any liable parties, and gather evidence. Depending on the circumstances surrounding the accident, we may need to:

• Visit the scene of the fatal accident
• Speak to eyewitnesses and get their official statements
• Obtain copies of all official accident reports
• Collect videos or photos showing the incident

The sooner you contact us after an accident, the higher the chance we’ll have of gathering all the evidence.

Deal with the Insurance Company

We know that dealing with insurance representatives can become incredibly stressful after the loss of a loved one. Fortunately, you can trust us to handle all communication with these representatives.

We’ll protect your best interests and push back on any unfair treatment. In many cases, we can enter negotiations with the insurance company, potentially securing a fair settlement on behalf of your family.

Assist with a Lawsuit

What is a wrongful death lawsuit? A wrongful death lawsuit can allow your family to seek fair compensation if the insurance company refuses to treat you fairly after a fatal accident.

In this situation, we can help you file a lawsuit against the liable party. We’re ready to represent you in court and can start building your family’s claim today.

When You May Have Grounds for a Wrongful Death Claim

Under New York Estates, Powers & Trusts (EPT) §5-4.1, you may have grounds for a wrongful death claim if your loved one died because of another party’s “wrongful act, neglect or default” and that act or neglect would have allowed your loved one to pursue a personal injury lawsuit had they survived.

A personal representative must file the claim. Sometimes, decedents have representatives named in a will. If not, the court will appoint one. Surviving family members are the beneficiaries — the ones who receive the awarded wrongful death damages.

New York’s Wrongful Death and Intestacy Statutes establish priority for beneficiaries, and an experienced wrongful death attorney in West Hempstead will help you navigate those laws and work to protect your and your family’s best interests. Laws prioritize spouses and children, accounting for various family compositions.

Compensation Available to Beneficiaries

Your wrongful death lawyer in West Hempstead will seek the highest compensation available, as warranted by the circumstances of your situation and under New York law. Though you cannot currently seek damages for your pain and suffering, your attorney will pursue an amount of recovery for:

• Funeral and other end-of-life expenses
• “Reasonable” medical costs related to the injury or illness leading to your loved one’s death
• Your loved one’s financial contribution to the household
• The value of the support and services your loved one would have contributed to the household
• The value of parental care and guidance to surviving children
• The surviving children’s lost inheritance
• Pain and suffering endured by your loved one because of the injury or illness that caused their death
• Interest accrued on the amount of compensation starting from the date of your loved one’s death
• Punitive damages, comprising an additional monetary penalty incurred on the at-fault party to punish them for their actions

You can depend on your attorney to review all medical bills, fighting to ensure you are not denied expenses that the at-fault party’s representatives may argue are not “reasonable”. Your attorney will take great care in assessing your loved one’s lost income and benefits, valuing all other losses, and advocating for punitive damages.

At Levine And Wiss, our goal is to secure maximum benefits, allowing your family to work toward emotional recovery without the additional burden of financial distress.

Your Family May Also Consider a Survival Action

New York allows the decedent’s estate to file a survival action after a wrongful death. This legal action allows the estate to seek funds to cover the damages your loved one faced up to the time of their death.

For example, a survival action could provide funds to cover your loved one’s conscious pain and suffering and lost earnings, along with a portion of your family member’s medical expenses.

We can provide more information about New York wrongful death and survivorship options when you contact us for help.

Why Choose Us After a Fatal Accident?

Our team at Levine And Wiss understands what you’re going through after the loss of a loved one. We’re here to provide the compassionate legal assistance your family deserves, helping you navigate any legal challenges you face.

We’ll take the time to listen to you, focusing on providing the personalized care you need throughout each step of the legal process.

You can learn more about the services we can provide with a risk-free legal consultation. We’re ready to stand by you until the resolution of your family’s legal claim.

Types of Wrongful Death Cases We Can Handle

Wrongful deaths are preventable and unexpected. They result from accidents or conditions that cause a person to die before their time. The accidents or scenarios that can prompt a wrongful death often include:

• Motor vehicle accidents
• Motorcycle accidents
• Truck accidents
• Product malfunctions
• Pedestrian Accidents
• Fires
• Workplace accidents
• Drownings
• Slip or fall accidents
• Occasions of medical malpractice

We have the experience needed to handle your claim, no matter what type of accident it involves. Connect with us as soon as possible, and we will get to work immediately. We will investigate the situation, gathering comprehensive evidence to support your claim.

Proving a Wrongful Death

How do you prove a wrongful death? A successful case outcome requires our team to present evidence. The evidence must prove your loved one has died and that another party’s negligence caused that death.

You can depend on your West Hempstead wrongful death attorney to compile that evidence, first acquiring a death certificate or other documentation proving your loved one’s death and then establishing:

Facts About the Liable Party’s Duty of Care

We need to prove that the at-fault party owed your loved one a duty of care–an obligation to preserve their safety. Medical care providers owe their patients this duty, drivers owe it to others on the roads, and businesses and homeowners owe it to their guests.

A Breach of the Duty of Care

We must show that the at-fault party breached their duty of care. In other words, they failed to fulfill their obligation to keep your loved ones safe.

For example, a drunk driver breaches this duty, as does a doctor who fails to provide reasonable treatment to a patient, and so do manufacturers who produce defective child car seats that lead to personal injury and death.

The Breach Caused the Fatal Accident

Our team must establish that the breach in duty, and not something else, caused your loved one’s death. Your attorney will work to prove the direct connection between the breach and the death and that your loved one would have lived except for that failure.

For example, there are strict rules for safety standards on construction sites. Your loved one’s death may have resulted from this lax safety while working at the site.

The Effects of Death on Your Family

Finally, we must demonstrate that surviving family have suffered measurable losses because of their loved one’s death, through medical and funeral costs and lost income and household services, among other losses.

A knowledgeable attorney can establish the facts after a wrongful death accident and hold the liable party accountable.

Time Limits on Your Wrongful Death Claim

A personal representative must file a wrongful death claim within New York’s two-year statute of limitations; however, the legal system may offer extensions in certain situations. For deaths caused by medical malpractice, the legal filing deadline is two years and six months from the date of death.

If you wait too long to take legal action, the court can dismiss your family’s wrongful death claim. You will lose any chance to secure compensation from the liable party after the deadline passes.

Fortunately, we can begin the legal process quickly.

How Long Does a Wrongful Death Case Take?

The time it takes to resolve a wrongful death action will vary on a case-by-case basis. In many cases, it takes several months to resolve a claim through insurance negotiations, for example.

However, if you need to file a lawsuit against the at-fault party, it may increase the time it takes to resolve your claim. Lawsuits can take a year or more to fully resolve.

Our team will do everything possible to expedite the legal process on behalf of your family. You can learn more by reaching out to us for a free consultation.

Talk to Us After a Fatal Accident in West Hempstead

Our team understands your grief. We know that while you need the aggressive, experienced representation a skilled West Hempstead wrongful death attorney provides, you also need compassionate support.

Our team at Levine And Wiss will fight to get the compensation you need and the justice your loved one deserves while treating you and your family with care and respect. You are more than a case number to us, and we will stand with you as we advocate for you, seeking a case resolution that promises a more hopeful future.

You can get the guidance and assistance you deserve today. Just reach out so we can provide information about your next steps.