Wrongful Death Lawyers
The wrongful death lawyers at The Sanders Law Firm have more than five decades of experience fighting for the rights of the bereaved. Monetary damages from a settlement or verdict can offer survivors economic stability, enable them to move forward in their lives, and force the at-fault party to pay a price for their actions.
Wrongful Death Attorneys Helping Grieving Families in New York Obtain Justice
The untimely loss of a loved one is one of the greatest tragedies that a family can experience. While no amount of money can fill the void of a lost family member, a lawsuit can help ease the financial burden imposed on survivors and bring some measure of justice
Family members of loved ones who were killed as a result of wrongful conduct are encouraged to consult with a New York wrongful death attorney to learn their legal rights. We understand that litigation may be low on your current list of priorities, but New York has strict filing deadlines for wrongful death lawsuits.
Don’t Pay Unless You Win
Speak to a New York Wrongful Death Attorney
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 a wrongful 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.
An accident is no excuse for taking the life of someone else. If you lost a loved one in Manhattan, Queens, Brooklyn, Bronx, Staten Island, Long Island, or New York City, The Sanders Law Firm is available to provide afree case consultation to determine if you are eligible to file a wrongful death claim.
New York wrongful death attorneys do not assist with the criminal prosecution of a defendant. Wrongful death claims are a matter of civil law—not criminal law.
We have secured millions of dollars in settlements and jury verdicts for thousands of clients across the State of New York. Our top-rated lawyers are members of Super Lawyers, the American Trial Lawyers Association, the American Association of Justice, Million Dollar Advocates, and the Multimillion Dollar Advocates Forum. The Sanders Law Firm provides legal representation on a contingency-fee basis, which means you pay no upfront legal fees, and no fees at all unless you win your case.
Elements of a New York Wrongful Death Case
Individuals, businesses, and/or governmental agencies can be held liable for causing a wrongful death. Wrongful death claims can be based on negligence or an intentional act by the defendant. In legal terms, death caused by the negligence of someone else 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 case that resulted from an accident (i.e., negligence), your lawyer must prove that the defendant had a duty of care to the deceased and that they breached this duty resulting in the death of the decedent.
Wrongful death can also result from an intentional act, such as murder. For example, although O.J. Simpson was acquitted of murder in the criminal case against him, the families of Nicole Brown and Ronald Goldman sued Simpson civilly for wrongful death—and won. Simpson was ordered to pay tens of millions of dollars to the victims’ families.
New York law has very specific criteria about when a wrongful death claim may be filed:
- A death was caused by the wrongful conduct of defendant;
- This conduct gave rise to a cause of action that could have been maintained by the decedent if they had not died;
- The decedent is survived by family members who suffered financial losses due to the death; and
- The appointment of a personal representative of the decedent.
Damages Available to Survivors
The passing of a loved one can leave families in a state of grief and worry, as they are suddenly overwhelmed with medical bills, funeral and burial costs, and the loss of the decedent’s financial support. If your loved one was the victim of a wrongful death, you may be able to receive compensation for these costs by filing a lawsuit.
- A New York wrongful death claim can provide compensation for financial losses resulting from the loss of a loved one. These damages include loss of support, voluntary assistance, and possible inheritance, as well as medical costs related to death and funeral expenses.
- The losses must be financial. In addition to lost wages and actual expenses, losses may include loss of support and services such as cooking, housekeeping, child care, and transportation, as calculated by the cost of hiring people to provide these services. The value of these lost services must be proven.
- Wrongful death actions do not cover loss of consortium claims after the victim’s death, but they may cover the period between injury and death. They also do not cover non economic damages for the pain and suffering of surviving family members, or for the lost companionship, comfort, or assistance the victim would have provided were they still alive. However, compensation may be awarded for the pain and suffering the deceased endured between the time of their fatal accident and their death.
- If the victim leaves behind minor children, available damages include loss of parental support, including the nurture and training that only a parent can provide.
- When determining what is fair financial compensation for the family of the decedent, several factors may be considered, including the decedent’s age, health and life expectancy at the time of injury, their work habits and current position, and their future earning capacity and potential for career advancement.
In cases where a defendant’s actions were deemed willfully reckless or criminal, punitive damages can be recovered at the discretion of the judge or jury. This type of damage award is meant to punish the defendant and possibly deter similar conduct in the future.
Our experienced wrongful death attorneys will meticulously document evidence to support each and every claim for loss of earnings/support/service that the death of a loved one caused your or a family member. We will then attempt to reach a fair settlement with the insurance company, and will be fully prepared to take the case to trial if necessary.
The trial skills of our lawyers sets us apart from other law firms. Insurance companies know that when we file a wrongful death claim, we aren’t looking for a quick settlement. We’re prepared to go all the way, and we play to win. We aren’t fully satisfied unless you are.
At The Sanders Law Firm, Success Is A Tradition
Founded in 1967, The Sanders Law Firm has flourished into one of New York’s most successful personal injury practices, with an accomplished team of attorneys, paralegals, health care consultants, and support staff. Our trial attorneys take new cases on a contingency basis, which means there is no cost to the client unless we secure monetary damages on your behalf.
Our personal injury law firm continues to make its industry-leading legal services even better, and hire attorneys and staff that enable us to serve a more diverse population.
At The Sanders Firm, there is never any charge to evaluate your case. We have helped thousands of injured clients throughout New York City, Long Island, Brooklyn, Bronx, Queens, and Staten Island, and we’re prepared to help you too. In just the last five years we have procured over $100 million dollars on behalf of our clients, thanks to our vast resources and experienced attorneys. Our personal injury law firm continues to make its industry-leading legal services even better, and hire attorneys and staff that enable us to serve a more diverse population.
To set up your free, no-obligation case review with a New York personal injury lawyer, please call (516) 591-3208 or contact us using our online form. Our friendly staff is standing by to take your call 24 hours a day, 7 days a week.
The Sanders Law Firm is a New York personal injury practice with offices in Long Island, Manhattan, Queens, and Brooklyn.