Wrongful Death Attorneys in New York
Family members of loved ones who were killed as a tragic result of negligence are encouraged to consult with a New York wrongful death attorney to learn the full extent of their legal rights.
While taking legal action maybe the last thing on your mind following the untimely loss of a loved one, compensation provided through the courts may help lessen financial hardships while providing a sense of closure.
The New York personal injury lawyers at The Sanders Firm offer nearly five decades of experience fighting for the rights of families who are unexpectedly bereft of a loved one. Though monetary damages offer little relief from the emotional trauma of losing someone close, a wrongful death settlement or verdict can offer survivors some measure of justice, economic stability and enable them to move forward in their lives.
If you have lost a relative unexpectedly and need seasoned legal advice from one of New York’s most trusted and experienced law firms, we invite you to contact us for a no-charge consultation.
Who can file a wrongful death lawsuit in NY?
A wrongful death claim is typically brought by immediate family members or beneficiaries of the decedent. Upon your case review at Sanders, our attorneys will help you determine who in your family may act as the decedent’s personal representative. In New York, the personal representative, also known as the estate administrator or executor, is generally indicated in the decedent’ will. If this is not the case, NY statutes will appoint an executor to perform these duties.
Individuals, business, companies and/or governmental agencies can be held liable for acting in a negligent manner that resulted in a wrongful death. In legal terms, negligence implies that an individual failed to behave in the way that a reasonably prudent person would have under similar circumstances. To establish fault in a wrongful death lawsuit, your lawyer is charged with proving that the defendant had a duty of care to the deceased and that they breached this duty resulting in the death of the decedent.
Common causes of wrongful death include:
- Car accidents
- Workplace and construction site accidents
- Medical malpractice
- Nursing home abuse or negligence
- Defective products, including drugs and medical devices
Damages available to survivors
The unanticipated passing of a loved one can leave families in a state of grief and worry, as they are suddenly overwhelmed with hospital bills, and funeral and burial costs. If your loved one was the victim of a wrongful death, you may be entitled to receive compensation for these costs, as well as for lost wages of the deceased, both past and future.
You may also be entitled to damages for the loss of the society and companionship of the loved one, as well as for lost parental care and guidance. In many cases, compensation may also be awarded for the pain and suffering the deceased endured in the window of time between when their fatal accident occurred until their death.
The court will also take into account costs indirectly accrued due to the decedent’s death, including the cost of child care and housekeeping if another member of the family is now required to assume full-time employment away from the home.
In addition to compensatory damages, punitive damages may also be sought in cases where a defendant’s actions were deemed reckless, wanton and grossly negligent. This type of damage award is meant to punish the defendant and possibly deter similar conduct in the future.
New York has specific statute of limitations laws regulating how long after a wrongful death a plaintiff has to file litigation. It is important not to delay in consulting an experienced wrongful death attorney about your case.
Helping grieving families achieve justice
The untimely death of a loved one is difficult to handle no matter what the circumstances, but even more tragic when it could have been avoided. If a wrongful death is the result of an unreasonable act on the part of others, including the failure to comply with basic safety precautions on a work site or public premises, the responsible party can and should be held liable.
At The Sander Firm, our multi-million verdicts and settlements have earned us the reputation as one of the premier personal injury firms in New York, and we are committed to helping families balance the scales of justice by recovering full and fair compensation on their behalf.
We have successfully advocated for surviving families to hold responsible parties accountable and we will work tirelessly to help you win financial compensation for lost economic support, medical expenses, as well as for the companionship and guidance of the person who has passed. Our practice offers the experience and resources needed to litigate even the most complex wrongful death claims, whether arising from malpractice or gross negligence.
Personal injury lawyers NY
If your loved one was the victim of a wrongful death in Manhattan, Queens, Brooklyn, Bronx, Staten Island or Long Island, the attorneys at The Sanders Law Firm offer a free case evaluation to determine if you are eligible for monetary damages by filing a personal injury lawsuit in New York.
To arrange a consultation with a New York wrongful death attorney, we invite you to call our offices at 1.800 FAIR PLAY (800.324.7752)
- Department of Motor Vehicles, Motor Vehicle Crashes, http://www.dmv.ny.gov/stats.htm
- New York State Department of Health, Motor Vehicle Traffic Crash Statistics: New York State Roadways and County of Crash, http://www.health.ny.gov/statistics/prevention/injury_prevention/traffic/county_of_crash.htm