Staten Island Wrongful Death Lawyer

Advocates For Justice In Staten Island & Across New York

Experiencing the unexpected loss of a loved one is an unimaginable hardship. When a person's life is tragically cut short due to someone else's negligence or wrongful actions, the surviving family is left to grapple with overwhelming emotional and financial burdens. At Davidoff Law, we are committed to assisting you in navigating these challenging times.

We acknowledge that no amount of compensation can ever truly heal the pain caused by your loss. Nonetheless, pursuing a wrongful death lawsuit against those responsible can offer a sense of justice and provide much-needed financial relief during this trying period. Continue reading to gain insights into the process of filing a wrongful death lawsuit in New York, or reach out to our compassionate Staten Island wrongful death attorneys for a complimentary consultation at our office.

Contact us today at (888) 211-1116 or (718) 268-8800, or use our online contact form to schedule a consultation with no cost or obligation. Se habla español.

Defining Wrongful Death In Staten Island, NY

In Staten Island, New York, as well as throughout the United States, the term “wrongful death” refers to a situation where an individual's death results from the negligence, misconduct, or wrongful actions of another person or entity. Specifically, it means that the death could have and should have been prevented had it not been for the actions or negligence of someone else.

Examples of circumstances that may lead to a wrongful death in NY, can include:

  • Medical Malpractice: When a healthcare professional, such as a doctor or nurse, fails to provide a standard level of care, resulting in a patient's death.
  • Car Accidents: When a person's death is caused by the reckless or negligent behavior of another driver, such as drunk driving, speeding, or texting while driving.
  • Workplace Accidents: When a worker dies due to unsafe working conditions, inadequate training, or a failure by their employer to follow safety regulations.
  • Criminal Actions: When an individual's death occurs as a result of a criminal act, such as homicide or assault.
  • Defective Products: If a product is defective or dangerous and leads to a fatal accident, the manufacturer or distributor may be held responsible.
  • Premises Liability: Deaths that occur on someone else's property due to dangerous conditions or negligent maintenance may be considered wrongful deaths.

Who Can Initiate A Wrongful Death Lawsuit In New York?

New York state has established guidelines regarding who may pursue a wrongful death claim. The claim must be initiated by the personal representative of the deceased's estate, representing certain surviving family members.

These eligible family members include:

  1. The decedent's spouse
  2. The decedent's child/children
  3. The decedent's parent(s)
  4. Any dependent, beneficiary, or heir of the decedent

While these family members can seek damages, they are not permitted to file the claim themselves. Only the personal representative of the estate can initiate the claim. If no personal representative was designated in the decedent's estate plan (e.g., in the absence of a will), the court will appoint one.

What Damages Can Surviving Family Members Recover?

In a wrongful death claim, surviving family members aim to secure compensation for the losses they have suffered due to the decedent's passing.

In New York, eligible family members may seek compensation for the following damages:

  1. Medical expenses incurred for the deceased's final treatment
  2. Funeral expenses
  3. Lost wages, income, and benefits
  4. The value of family services and support provided by the deceased
  5. The value of parental care lost (for surviving children)
  6. Loss of expected inheritance
  7. Pain and suffering endured by the deceased before their passing

Regrettably, New York law does not permit surviving family members to recover damages for their own mental and emotional distress stemming from their loved one's death.

Wrongful Death Statute Of Limitations In NY

In most cases, New York law establishes a two-year statute of limitations for wrongful death claims. This means that you typically have two years from the date of the decedent's death to file a wrongful death lawsuit.

The two-year clock may start running from the date of discovery of the wrongful death, rather than the actual date of death, in cases where the cause of death was not immediately apparent.

There may be exceptions and variations to the statute of limitations based on the specific circumstances of the case, the identity of the responsible party, and other factors. Consult with a Staten Island wrongful death lawyer to understand how these exceptions might apply to your case.

Providing Compassionate, Proven Legal Representation

At Davidoff Law, we extend our deepest condolences for the loss you have experienced. Our Staten Island wrongful death attorneys are dedicated to guiding you through the legal process and diligently pursuing the maximum compensation owed to you and your family. We are here to address any inquiries you may have. We operate on a contingency fee basis, meaning you bear no financial burden unless and until we secure a settlement or verdict on your behalf.

To learn more, contact us online or by phone at (888) 211-1116 or (718) 268-8800.

Staten Island Truck Accident Lawyer

Advocating For Your Deserved Compensation

Accidents involving commercial trucks often lead to life-altering injuries due to their immense size and weight. The aftermath of a truck accident can be overwhelming, leaving victims grappling with physical and financial burdens. If you or a loved one has been affected by a truck accident, you require a dedicated legal ally by your side, someone who will vigorously fight to secure the maximum compensation possible.

At Davidoff Law, our Staten Island truck accident attorneys boast a wealth of experience in handling personal injury cases, specifically those stemming from truck accidents. We are prepared to assist you in navigating the intricate process of filing a truck accident claim.

Discover how our firm can assist you by calling (888) 211-1116 or completing our online contact form to request a complimentary initial consultation.

Assessing The Impact Of A Truck Accident

Truck accidents can result in severe injuries such as head trauma, paralysis, fractures, and, tragically, even fatalities. It is crucial to gain a comprehensive understanding of both the immediate and long-term consequences of these injuries, including physical limitations, lost income, and the ongoing costs related to rehabilitation, pain management, and other associated expenses.

Damages And Compensation Available For Truck Accident Claims

Our Staten Island truck accident attorneys are unwavering in their commitment to your case, working tirelessly to secure every conceivable source of compensation for your suffering.

Here are the typical categories of damages and compensation available in Staten Island, NY truck accident claims:

- Medical Expenses: You can seek compensation for all reasonable and necessary medical expenses related to your injuries, including ambulance fees, hospital bills, surgeries, doctor's appointments, prescription medications, rehabilitation, and future medical costs if your injuries require ongoing treatment.

- Lost Income: If your injuries result in time away from work, you can claim compensation for lost wages and any reduction in your earning capacity. This includes both past and future income that you would have earned if not for the accident.

- Pain and Suffering: Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are often awarded in truck accident cases. Calculating these damages can be more subjective, and they are typically based on the severity of your injuries and their impact on your life.

- Property Damage: You can seek compensation for the repair or replacement of your damaged vehicle and any personal property that was in the vehicle at the time of the accident.

- Wrongful Death Damages: In cases where a truck accident results in a fatality, surviving family members may be entitled to damages, including funeral and burial expenses, loss of financial support, and loss of companionship and emotional support.

- Punitive Damages: In some cases, if the truck driver's actions were especially reckless or egregious, punitive damages may be awarded. These damages are intended to punish the defendant and deter similar behavior in the future.

- Diminished Quality of Life: If your injuries lead to a reduced quality of life or permanent disability, you may be entitled to compensation for the impact on your daily activities, hobbies, and overall well-being.

- Loss of Consortium: Spouses or family members of injured individuals may seek compensation for the loss of companionship, support, and the impact on their relationships caused by the injuries.

- Property Damage: In addition to personal injuries, you can also seek compensation for damage to your vehicle and other personal property.

- Legal Fees and Costs: In many personal injury cases, including truck accident claims, your attorney's fees and litigation costs are typically paid from the compensation awarded, so you won't have to pay them upfront.

Understanding The Root Causes Of Truck Accidents

Truck accidents can occur for a variety of reasons, often involving factors such as mechanical failures, driver fatigue, inadequate training, or even shared responsibility between the truck driver and other motorists.

These common causes include:

  • Distracted driving
  • Driving under the influence
  • Fatigue
  • Speeding
  • Violations of traffic laws
  • Failure to yield
  • Hours-of-service violations
  • Neglected truck maintenance
  • Pressure from trucking companies
  • Inadequate supervision
  • Defective truck components
  • Unsafe road conditions

Regardless of the circumstances surrounding your accident, we empathize with the trauma you've endured and the financial burdens it has imposed. Our Staten Island truck accident lawyers conduct thorough investigations to determine liability and aggressively pursue every available avenue for compensation.

Identifying Liable Parties In Staten Island Truck Accidents

Truck accident claims are often more complex than typical car or motorcycle accident cases, primarily due to the issue of liability. While the truck driver may be at fault, other parties, such as the trucking company, may also share responsibility. For instance:

  • Trucking companies can be liable if they were aware of a driver's dangerous behavior but failed to address it.
  • Manufacturers of defective truck components may be held responsible.
  • Supervisors who neglected to ensure proper truck maintenance can also be liable.
  • Construction companies may face liability for defective roadways.
  • Those who failed to address reported truck issues can be held accountable.

These cases can quickly become intricate, underscoring the importance of partnering with an experienced truck accident attorney in Staten Island, NY who comprehends the legal nuances relevant to your case.

New York Truck Accident Statute Of Limitations

In New York, the statute of limitations for filing a lawsuit related to a truck accident is generally three years from the date of the accident. This means that you have three years from the date of the accident to file a lawsuit seeking compensation for your injuries or property damage resulting from the truck accident.

Seek Assistance From Our Legal Team

The aftermath of a truck accident is disorienting and profoundly distressing for victims and their families. Our Staten Island truck accident attorneys are here to guide you toward stability. In an uncertain future, you can take comfort in our contingency fee arrangement, meaning you won't owe us a dime until we secure the compensation you rightfully deserve for your truck accident case.

Schedule your appointment today by calling (888) 211-1116 or filling out an online form! Se habla español.

Staten Island Catastrophic Injury Lawyer

Reliable Attorneys Right Here On Staten Island

If you live on Staten Island and were severely injured in an accident, you do not have to go far to find dependable legal counsel. Davidoff Law team is here to take on any insurance companies standing in between you and a fair recovery. Life-changing injuries call for life-changing legal representation, and that is exactly what we intend to deliver when we are on your side.

For more information about our legal services, please dial (888) 211-1116.

What Is A Catastrophic Injury?

When an injury causes life-changing circumstances or is life-threatening, it is considered catastrophic in many medical and legal contexts. Not all catastrophic injuries are viewed as such immediately, either. Instead, it can be a while until enough medical evidence is gathered to understand that an injury has forever changed the victim’s life.

Examples of catastrophic injuries often seen in injury cases are:

  • Brain injuries: A “mild” brain injury can be life-changing, depending on what part of the brain is injured. As such, all brain injuries are considered catastrophic.
  • Spinal cord injuries: Damage to the spinal cord can cause immediate and permanent paralysis that affects multiple body parts or bodily regions.
  • Amputations: Losing a limb in an accident is tragic. Modern medical technologies can replace the limb with a prosthetic, which can be costly. Suing the liable party is all but necessary.
  • Permanent scars: A permanent and visible scar can be considered a catastrophic injury, even if it only causes lasting emotional harm, not physical pain.

Why does it matter if your injury is catastrophic or not? In New York, personal injury protection (PIP) insurance sold under various circumstances, including motor vehicle accidents, requires the injured claimant to seek compensation and coverage from their insurer, not the party that hurt them. Only if the claimant has been catastrophically injured can they file a claim against the other party’s insurance policy.

Maximum Compensation For Severe Injuries

You should be fully compensated after being in an accident that someone else caused yet left you with catastrophic, life-changing injuries. The cost of medical care to best treat your injuries could be enormous. The amount of money you lose due to missing work or ending your career could be staggering.

Our catastrophic injury lawyers are ready to manage your case 100%, which includes calculating your damages to the best of our abilities. We want to make sure that any amount of compensation that you receive is the most possible. Leaving behind even a penny unclaimed is unacceptable to us.

Close One Door & Open Another By Starting Your Case

Leave any feelings of helplessness you might experience after a life-changing accident behind by beginning your case with our help. Our Bronx catastrophic injury attorneys are here to empower you and amplify your voice as the survivor of a terrible accident that was not your fault. You can start a new chapter of your life that leads to the path of recovery. Let us help show you the way.

Staten Island Car Accident Lawyer

We’ve Recovered Millions For Clients In Need

You will feel shaken and confused after being in a car accident, especially if you know you didn’t cause it. To get help making sense of everything and moving ahead, team up with Davidoff Law on Staten Island. We help people just like you with difficult car accident cases. No matter how tough the opposition acts, we know we can stand up to them and pursue the most compensation possible for you!

for a free consultation, please dial (888) 211-1116.

Types Of Car Accidents

Our law firm can handle all sorts of car accident claims, including:

  • Drunk driving accidents: If you were hit by a drunk driver, you can sue them for your damage. There could be good proof of liability in the criminal evidence used to convict that driver.
  • Distracted driving accidents: Drivers who use their smartphones while driving put everyone on the road at risk. Don’t hesitate to file a claim against one if they crashed into you.
  • Speeding accidents: Speeding is one of the most common forms of reckless driving. High-speed accidents can cause extreme vehicular damage and lifelong injuries.
  • Product defect accidents: Was your car accident caused by a defect with your vehicle? You might be able to file a claim against the automaker or part manufacturer.

What to Do After a Crash

The evidence that you collect after a car accident might be what allows you to win your case. It is important to react quickly after a crash and look for evidence, assuming it is safe to do so.

Let our attorneys know if you did the following after your car accident:

  • Called 911: When someone is injured in a car accident, you should call 911. The police need to investigate the scene, and emergency responders can provide on-scene first aid.
  • Took photos: The pictures you took with your smartphone could show the clearest evidence of what happened and why you aren’t to blame.
  • Talked to eyewitnesses: If someone stopped to see if you were okay, then you should get their contact information. Our attorneys can interview them later to see if they have useful statements that help your case.
  • Went to the hospital: A medical record that is date marked the same day as your accident helps prove that it actually happened, not to mention that it is better for your health. Get a medical checkup after a crash, even if you feel okay.

Types Of Compensation

The value of your car accident claim depends on the damages owed to you. We can work carefully to make sure that you get as much compensation as possible from the liable driver.

Your car accident claim might be able to get compensation that pays for:

  • Vehicle repairs or replacement
  • Lost wages and lowered income capacity
  • Past and future medical treatment costs
  • Pain, suffering, and permanent disability

The worse you have been injured, the more your case is likely to be worth. If you were seriously injured, then you should already be talking to an attorney about how to pursue a maximum amount of compensation because the opposing insurance company is probably already figuring out a way to stop your claim.

Dealing with Uninsured Drivers

Were you hit by an uninsured driver? There is still a chance that you can get compensated for your damage. If you have an uninsured motorist (UM) insurance policy, then you can use it to seek damages paid by your auto insurance provider, rather than someone else’s insurer.

When you need to deal with an uninsured driver, you should handle the situation like you would in any other car accident case. You can’t get their insurance information, but you can still get their contact information, as well as full details about their car, including the license plate. You also need to call the police, though, because driving without insurance is illegal. The police might detain the other driver and revoke their license, which will help prevent them from causing the same problems for other people.

How Our Lawyers Can Help You

Dealing with an insurance company is not fun, especially if you’ve been badly injured. Our Staten Island car accident attorneys are here to make sure you don’t have to mess with an insurer. We’ll handle all parts of your case and claim, such as negotiating a settlement out of court or litigating for an award before a judge.

Want to know more? Please dial (888) 211-1116 today.

Staten Island Personal Injury Lawyer

Personalized Representation & Real Results

Davidoff Law is comprised of a team of proud New Yorkers who stand up for the wrongfully injured in our communities. You can depend on us to make the most of your case if you were hurt due to someone else’s negligence. Our Staten Island personal injury attorneys are dedicated to holding the liable party accountable, which could mean securing a settlement or an award in your name. While we work on your case, you can focus on taking care of yourself.

Leave your case in good hands. Call (888) 211-1116 or contact us online.

Get Us On The Case Right Away

There’s a high chance that the other party’s insurance company is already making moves to avoid paying you a cent after your accident. Worse yet, they might even be trying to find a way to blame you for what happened. Do not give them any more time to relax. Team up with our Staten Island personal injury lawyers now, so we can bring a legal fight right to their doorstep.

When we are working on your case, we can do the following and more:

  • Investigate your accident and its cause
  • Analyze evidence while also looking for more proof of liability
  • Network with outside experts if needed
  • Negotiate a settlement that pays for all your damages
  • Prepare for litigation if necessary
  • Keep you up-to-speed throughout your case

Cases We Handle For Our Clients

We have an eclectic team of legal professionals who have seen all sorts of cases. This diversity in our staff and backgrounds allows us to manage virtually any claim or lawsuit that comes our way. If you were hurt by someone else’s negligence while on Staten Island, then we can help you find the right path to compensation.

Our law firm handles many case types, including:

Securing Compensation That Pays For Everything

Getting no compensation after being in a bad accident will add insult to injury. Getting some compensation is good, but it could still mean you are left with unpaid bills. Getting full compensation is the best, and it is what we strive to achieve with every personal injury case we accept.

We want to make certain you are fully paid for your damages, which can include:

  • Lost wages
  • Medical bills
  • Physical pain
  • Mental anguish
  • Permanent disability
  • Shortened life expectancy

Importantly, the damages that we seek do not focus entirely on the past and the present. We also factor in the costs and hardships you will encounter for years to come. Only when we have calculated past and future damages can we be sure that we are pursuing the maximum amount of compensation owed to you.

All Set & Ready To Represent You

Davidoff Law is standing by to assist you with your personal injury case. Our Staten Island injury lawyers don’t believe there is a case that is too small or too complicated. As long as a local needs help with an injury claim, we want to be the legal team they can lean on. It is this dedication to excellence and compassion that has made us so well known by so many people. Let’s see if we can help you achieve great things in your injury claim, too!

Please call (888) 211-1116 and ask for a FREE consultation with our Staten Island personal injury attorneys.