Losing a loved one causes grief in any situation. But when a death results from preventable circumstances, that grief is compounded by shock, the sense of injustice, and the emotional chaos that comes with seeing a life ended far too soon.
If you have lost a loved one to an untimely, preventable death, a West Hempstead personal injury lawyer from Levine And Wiss, is here to help.
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.
Reach out to a West Hempstead wrongful death lawyer for a free case review today. 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.
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.
Wrongful death claims must be filed within New York’s two-year statute of limitations, though extensions are warranted in some situations. For deaths caused by medical malpractice, the legal filing deadline is two years and six months from the date of death.
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 collect 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 and account for various family compositions.
For a free legal consultation with a wrongful dealth lawyer serving West Hempstead, call 888-468-4878
Types of Wrongful Death Cases
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 crashes
- Product malfunctions
- Pedestrian Accidents
- Fires
- Workplace incidents
- Drownings
- Slip or fall accidents
- Occasions of medical malpractice
Levine And Wiss, has 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
A successful case outcome requires 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 showing:
- 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.
- 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 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.
- 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.
West Hempstead Wrongful Dealth Lawyer Near Me 888-468-4878
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. Unfortunately, New York’s governor has not yet signed the Grieving Families Act.
If signed, the Act will allow families to collect compensation for the mental anguish, loss of relationship, and emotional suffering caused by their loved one’s death.
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 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.
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Experienced, Supportive Representation
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.
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.
Call 888-468-4878 or complete a Free Case Evaluation form