Manhattan Wrongful Death Lawyers
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 The Law Firm of Davidoff & Associates 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 that you need to take care of yourself and your family.
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
- Medical malpractice
- Slip and fall accidents
- Defective products
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 there is no estate representative available, then the court can assign someone as the representative, who will then 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. It must be the representative of the deceased’s estate, which is different from most other state rules on wrongful death cases.
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 damage that can be awarded is similar to damages 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 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:
- 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 the date of a person’s wrongful death. The representative for the deceased’s estate has two years from that day to file a wrongful death claim against the liable party. Failing to initiate a claim within that time will cause all future claims to be dismissed by the court before they begin.
There are two exceptions to the two-year statute of limitations:
- Criminal cases: When someone dies to a criminal action, such as murder or manslaughter, the statute of limitations is reduced to only one year.
- Medical malpractice: If someone passes away from a medical mistake, the statute of limitations can be extended to 2.5 years or 30 months.
We’re Here to Help – Dial (888) 211-1116
Starting a wrongful death claim can be painful, especially if you try to handle it on your own. Give yourself the support system and legal guidance you need by coming to our law firm for help. You will find compassionate and attentive Manhattan wrongful death attorneys on our team who genuinely want to see you get through this difficult time. To learn more, fill out a contact form now.
Wrongful Death from Motor Vehicle Accident $10,018,876
Settlement for a wrongful death resulting from a motor vehicle accident.
Pedestrian Accident Involving a School Bus $1,950,000
75-year-old woman crossing the street when struck by a school bus, sustaining a fractured skull with associated traumatic brain injury.
MVA - Rear End Collision $1.6 Million
A 48-year-old hairdresser involved in MVA was rear-ended by a pizza delivery man.
Motor Vehicle Accident from a Rear-End Collision $1,375,000
47-year-old warehouse worker involved in a rear-end collision. He suffered neck and back injuries requiring disc fusion surgery to his lower back.
Motor Vehicle Accident Resulting in Lower Back Injury $1,350,000
37-year-old woman, a homemaker, sustained a serious injury while driving her child from school. Among other injuries, she suffered an injury to her lower back, requiring surgery involving a discectomy with fusion.
Motor Vehicle Accident Resulting from Rear-End Collision $1,250,000
A 42-year-old construction worker was involved in rear-end collision in the Bronx. Among other injuries, he suffered neck, shoulder and back injuries, requiring multiple surgeries. The case has been resolved at the time of trial.
Pedestrian Accident While Crossing the Street $1,250,000
A 71-year-old woman, a secretary, was crossing the street when she was hit by a car. She sustained multiple injuries, including a fractured leg, requiring several surgeries. The case has been resolved during the discovery stage.
Motor Vehicle Accident Resulting from Rear-End Collision $1,100,000
A 71-year-old retired female involved in a rear-end collision. She sustained traumatic injuries to both shoulders and neck which necessitated disc fusion.
Motor Vehicle Accident Resulting in Neck & Back Injury $1,000,000
A 37-year-old stay-at-home mother/wife sustained a severe injury to her neck and back.
Motor Vehicle Accident Involving a Parked Car $1,000,000
The Highest Verdict in the State of New York obtained in a Summary Jury Trial. A 68-year-old male was loading groceries inside his parked vehicle when another vehicle collided with his car. Subsequently, the claimant required two procedures to repair his disabled left shoulder.
Very professional and kind.- Derek
I would refer Mr. Davidoff to someone in a heartbeat...- Eddie
The firm handled my process and my issues professionally.- Adelya
They work hard to get you what you deserve.- Lorrine
Informative, helpful and very understanding people.- Ardens
Experience on Your Side
We leverage decades of experience to fight for the full compensation that you deserve after an accident.
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Our commitment to personal injury law allows us to stay informed on changes that can impact your case.
Our attorneys work closely with each client, following up on medical appointments and staying involved every step of the way.
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We are here to guide you through the legal process & provide you with legal solutions tailored to your case.
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