It is always sad when a loved one passes away. If your loved one passes away due to the negligence of someone else, it is downright tragic. We have experience with all types of wrongful death lawsuits at Davidoff Law Personal Injury Lawyers. Our New York wrongful death attorney would be honored to fight for you. Wrongful death cases are complicated; you need a legal professional specializing in this area.
After a fatal accident, let our experienced wrongful death lawyer advocate for your rights. Contact our Manhattan wrongful death lawyer to discuss your wrongful death case. We offer a free consultation.
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OUR MANHATTAN WRONGFUL DEATH LAWYER PROVIDES SENSITIVE & COMPASSIONATE LEGAL COUNSEL
Losing a loved one is emotionally devastating, and it will be for a long time. But if your loved one died because someone else made a terrible mistake, you should know that you can file a claim against that party for justice and compensation.
Waiting too long will close that window, though. To get your case moving without rushing your grieving process, let Davidoff Law manage the wrongful death claim on your behalf.
Our Manhattan wrongful death attorneys know how to approach highly sensitive wrongful death claims and survival actions. While we progress your case and deal with insurance companies, we can give you all the time and space you need to take care of yourself and your family.
CALL (212) 900-0000 TO SPEAK TO OUR TEAM. INITIAL CONSULTATIONS ARE FREE.
WHAT IS A WRONGFUL DEATH?
A wrongful death is a death that happens due to preventable circumstances arising from negligence. If the person who passes away could have filed a personal injury claim had they not died, then a wrongful death claim will be justified because they did.
Wrongful deaths are commonly caused by:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Slip and fall accidents
- Workplace accidents
- Defective products
We will go into more detail about these below.
Car Accidents
Car accidents are a leading cause of all wrongful death compensation claims. High-speed collisions, distracted driving, and driving under the influence are common causes that can lead to fatalities. Families of victims can seek compensation for lost wages, medical expenses before death, and loss of companionship.
A wrongful death lawyer can help navigate the complex legal process to ensure the family's rights are protected and they receive the justice they deserve.
Motorcycle Accidents
Motorcycle accidents often result in serious injuries or death due to the lack of physical protection for riders. Factors such as reckless driving, lack of visibility, and poor road conditions frequently contribute to these tragic accidents.
Surviving family members may file a wrongful death claim to cover medical costs, funeral and burial expenses, and other damages. Legal representation is vital to handle insurance claims and potentially litigious situations effectively.
Truck Accidents
Truck accidents can be particularly devastating due to the size and weight of the vehicles involved motor vehicle accident. These accidents can occur due to driver fatigue, improper loading, or failure to adhere to traffic regulations.
Wrongful death claims in truck accidents require a thorough investigation to establish liability and assess the full extent of compensable damages. A skilled wrongful death lawyer can ensure that the family receives compensation for their immense loss and suffering from tragic accident.
Workplace Accidents
Workplace accidents can tragically lead to wrongful death under various circumstances, such as unsafe working conditions, lack of proper safety training, or failure to adhere to industry safety standards.
These incidents can occur in any work environment, from construction sites and manufacturing plants to offices and retail spaces.
When employers without health insurance or other parties neglect their duty to provide a safe workplace, it can result in fatal accidents, exposing them to wrongful death claims by the deceased's family.
Slip and Fall Accidents
Slip and fall accidents can be fatal, particularly for the elderly or those with existing health conditions. These accidents can occur due to unsafe property conditions, such as wet floors, poor lighting, or uneven surfaces.
Wrongful death claims can help the grieving families recover costs associated with the accident and provide compensation for emotional distress. A wrongful death lawyer is vital to prove negligence and ensure that property owners or managers are held accountable.
Defective Products
Defective products can cause death due to design flaws, manufacturing errors, or inadequate safety warnings. Common products involved include vehicles, industrial equipment, and consumer goods.
Families affected by a defective product can file a wrongful death claim to seek reparations for their loss, including punitive damages if gross negligence is found. Legal representation is critical to navigating the complexities of product liability and securing justice for the deceased.
WHO CAN FILE A WRONGFUL DEATH CLAIM?
New York wrongful death laws allow the personal representative of the deceased's estate to file a wrongful death claim. A personal representative, executor, or estate administrator can be arranged in an estate plan.
If no estate representative is available, then the court can assign someone as the representative, who will assume the ability to file a wrongful death lawsuit.
New York does not allow family members and other loved ones to start a wrongful death claim, though. Unlike most other state rules on wrongful death cases, it must represent the deceased's estate.
TYPES OF COMPENSATION IN A WRONGFUL DEATH CLAIM
A wrongful death claim is meant to compensate the deceased's estate and its beneficiaries for the loss of their loved one. The damages that can be awarded are similar to those available in a personal injury claim but with unique differences.
Make sure you work with a law firm that understands the nuances of the law so you can get as much financial compensation as possible for your loss. Money cannot undo what happened, but financial stability can make grieving less painful and life less stressful.
Our Manhattan wrongful death attorneys can pursue damages related to the following wrongful death actions:
- Medical costs caused by the deceased's final injury or illness.
- Pain and suffering experienced by the deceased before they passed away.
- Funeral and burial costs.
- Income the deceased would have earned had they lived.
- Value of day-to-day and household services the deceased often completed.
- Loss of companionship, parentage, guidance, etc.
WRONGFUL DEATH STATUTE OF LIMITATIONS
In New York, a two-year statute of limitations begins on a person's wrongful death date. The representative for the deceased's estate has two years from that day to file a wrongful death claim against the liable party.
The court will dismiss all subsequent claims before they even begin if you fail to file one within that time frame.
There are two exceptions to the two-year statute of limitations:
- Criminal cases: When someone dies in a criminal action, such as murder or manslaughter, the statute of limitations is reduced to only one year.
- Medical malpractice: If someone dies from a medical mistake, the statute of limitations can be extended to 2.5 years or 30 months.
The Benefits of Partnering With Our Wrongful Death Lawyers
- Expertise in complex cases. Our wrongful death lawyers have extensive experience handling complex cases, especially those involving wrongful death.They are well-versed in the nuances of state laws and will navigate through the legal intricacies to build a strong case. This expertise is important in securing the compensation that families deserve when facing a wrongful death involving a loved one.
- Sensitive representation. Dealing with a wrongful death involving a family member is emotionally taxing, and our lawyers approach each case with sensitivity and understanding.They provide not only legal support but also emotional support, helping families cope during this difficult time. Our team ensures that you feel heard and respected throughout the legal process.
- Maximizing your compensation. Our wrongful death lawyers are committed to securing the maximum compensation possible in cases of wrongful death involving negligence or misconduct.They work diligently to quantify all damages, including loss of income, medical costs, and emotional suffering, to ensure no financial aspect is overlooked. Their aggressive negotiation skills are essential in dealing with insurance companies and at-fault parties.
- Thorough investigative resources. In a wrongful death case involving complex scenarios like industrial accidents or medical malpractice, having access to top-tier investigative resources is vital.Our lawyers collaborate with forensic experts, accident reconstruction analysts, and other specialists to uncover all the facts and strengthen your case. This comprehensive approach helps present your claim's clearest, most compelling argument.
- No Upfront Costs. Partnering with our wrongful death lawyers means you will face no upfront costs; we operate on a contingency fee basis.This arrangement allows families dealing with wrongful death involving financial strain to pursue justice without the burden of additional financial stress. You only pay if we win your case, ensuring our goals are aligned with yours – to achieve the best possible outcome.
Contact Our Manhattan Wrongful Death Lawyer To Schedule a Free Consultation
Starting a wrongful death claim can be painful, especially if you try to handle it on your own. Contact our law firm for help giving yourself the support system, financial recovery, and legal guidance you need.
Our legal team also includes sensitive and attentive Manhattan wrongful death attorneys who genuinely want to see you through this difficult time. We are honored to fight for you at Davidoff Law Personal Injury Lawyers.
Contact us today to schedule a free case evaluation.
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