Wrongful Death

Wrongful Death Attorney New York City

Losing a loved one is devastating and forces the surviving loved ones to ask difficult questions about how they will financially recover their losses in New York. In addition to the practical questions that a sudden, unexpected death forces on the family, the survivors of the decedent need to have space to take care of themselves and grieve properly. This is difficult to do when they are facing the prospect of filing a lawsuit.

Call Rosenberg, Minc, Falkoff & Wolff, LLP at 212-697-9280 to speak to a wrongful death attorney in New York City if you are a family member or personal representative of someone who lost their life to another person’s actions or inaction. We will treat you with sensitivity and respect during this tumultuous time, make ourselves available when you have questions or want to talk, and explain how the law relates to your circumstances. Call now to schedule your free case evaluation with an attorney.

wrongful death

Who can sue for wrongful death in New York?

In order to prove medical malpractice, you must prove that there were damages and death were caused by the injury. The individuals who can file a New York wrongful death claim are:

  • The decedent’s spouse
  • The decedent’s adopted or biological children
  • The decedent’s parents
  • The personal representative of the decedent’s estate

The surviving family members or the estate can file a wrongful death lawsuit in New York City to recover damages for their economic losses under New York medical malpractice law. Damages from wrongful death claims include but are not limited to:

  • Funeral and burial expenses
  • Medical bills
  • Lost wages
  • Future lost income
  • Pain and suffering

Before filing your wrongful death lawsuit, you should speak to an NYC wrongful death lawyer. We guide you through the process of filing your claim with compassion and sympathy and explain the laws in New York that are applicable to your case.

What is considered a wrongful death?

Wrongful death occurs when one person has died in a fatal accident as a result of someone else’s negligence, recklessness, or wrongful conduct. Although there may be a criminal lawsuit related to the death, a wrongful death lawsuit claim is a civil action that is exclusive and distinct from any criminal charges. When you file a New York, NY wrongful death claim, you are seeking monetary damages from the at-fault individual or entity that caused a preventable death.

According to New York wrongful death law, the family member or personal representative of the deceased’s estate must prove the following:

  • The defendant acted negligently or intentionally committed a wrongful act
  • The person’s negligent actions caused the victim’s death
  • The decedent has surviving family members who are suffering financial damage as a result of the death, such as medical expenses

Whether the defendant is a property owner, doctor, or driver, they owed a duty of care to your loved one. A duty of care is a legal term that describes the responsibility to act reasonably in certain situations. Drivers are required by law to drive soberly and attentively. Employers are required to maintain a safe workplace. Doctors must abide by professional standards to take care of their patients.

What is the statute of limitations for wrongful death in New York?

Each state sets its own deadline by which a wrongful death lawsuit must be filed. The statute of limitations, or the time limit to file a New York wrongful death suit, Is three years from the date of the fatal accident or your loved one’s death after suffering in a hospital. This is different than the statute of limitations on personal injury cases under New York law, which is two years. Before you file a wrongful death claim, call our NYC law firm to schedule your free consultation.

However, even if the statute of limitations has expired, the decedent’s claim for personal injuries is still possible. Call now to speak to a wrongful death lawyer now to find out if there are any potential claims you can retain from the responsible individual or the insurance company.

Common Types of Wrongful Death Cases

There are different types of wrongful death claims in New York NY, but the following are among the most common:

Car Accidents

When a driver’s reckless behavior has caused a car crash that resulted in serious injuries or a person’s death, then they should be held liable for their negligent actions. An investigation into the car accident will determine the person responsible for the tragic accident such as another driver, the vehicle manufacturer, or a municipality that was supposed to keep the road safe. A wrongful death attorney from our NYC law firm can provide proof of a driver’s negligence. Examples of driver negligence include:

Workplace Accidents

Employers are responsible for maintaining a safe work environment and following all federal and state regulations. Employers who fall under the scope of the Occupational Safety and Health Administration (OSHA) have industry-specific rules that they must follow as well to prevent injuries and accidents. Workplace injuries can lead to wrongful death lawsuits if they resulted from a construction accident, slip and fall, exposure to harmful substances, or being struck by a heavy object.

Medical Malpractice

Johns Hopkins University conducted a study and found that medical error is the third leading cause of death after heart disease and cancer, killing more than 250,000 people each year in the United States. Surgical errors, anesthesia errors, birth injuries, incorrect drug administration, and failure to diagnose are all examples of mistakes that doctors, pharmacists, or hospitals make that can lead to a wrongful death claim.

Slip And Fall

Wrongful death claims can stem from slip and fall accidents that occur on private or public property or at the workplace. Property owners, grocery store owners, or construction managers, are required to maintain the property and keep it free of hazards that could cause individuals to slip and fall.

injury rates graph

Source: https://www.cdc.gov/nchs/

What is the Wrongful Death Statute in New York?

The New York Estates, Powers & Trusts Law § 5-4.1 (2021) states that the personal representative of a decedent, duly appointed in New York City or any other jurisdiction, may file a wrongful death claim to recover damages for a wrongful act, neglect or default that caused the decedent’s death. This claim is against a person who could be liable to the decedent if a wrongful death lawyer can prove that they caused the death and damages.

Why You Need an Experienced Wrongful Death Attorney?

The NYC wrongful death attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP help families navigate the legal process. We are a New York wrongful death law firm that can help grieving families file a wrongful death lawsuit after an accident or serious injury caused by another person’s negligence lead to a loved one’s death. With offices in New York City, Queens, the Bronx, Brooklyn we can assist anyone who needs to file a wrongful death case in Long Island and surrounding areas. Our law firm has recovered millions in wrongful death cases for families like yours. Call 866-496-1943 today to speak with a wrongful death lawyer in New York.

FAQs

The information provided here does not constitute legal advice. All content on this site is meant for informational purposes about NYC wrongful death. You should speak to a wrongful death lawyer to obtain advice concerning your loved one’s personal injury or to find out how you can file a wrongful death claim.

What if my loved one didn’t have a will?

If the decedent did not have a will, then a family member or relative should file a request with the court to appoint them to be the estate administrator. It is still possible to recover damages suffered by the decedent’s family members or their estate. These damages can include funeral expenses, loss of companionship, and their pain and suffering. Call the wrongful death lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP by dialing 212-697-9280 now to talk about your wrongful death case if your family member did not have a will.

Who pays for my New York wrongful death case?

In some wrongful death cases, the family is entitled to compensation from both an insurance company and the individual who is responsible for your loved one’s death in New York. When you are a client of Rosenberg, Minc, Falkoff & Wolff, LLP, then you don’t pay a penny unless we win your wrongful death claim. We offer a risk-free case evaluation where we listen to you, review any documents that you have, and give you more information on the wrongful death claim. There is no obligation on your part and this initial consultation is completely free, so call 212-697-9280 now to schedule yours with an attorney.

We then launch an investigation into the circumstances surrounding your loved one’s death. We leave no stone unturned when we work on your case. We examine police reports, the death certificate, autopsy reports, security footage, the medical records from the emergency room physician, and proof of the relationship between the deceased and the defendant. The attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP guide each of our clients through their wrongful death claims and explain every step of the process. We do the work for you so that you can have the space and time to grieve.

Although we try to settle out of court to spare you the stress of a lengthy trial, we prepare every case as if it will be heard in front of a judge and jury. Our goal is to get you the money you need right away so that you can begin rebuilding your life in your loved one’s absence. We stand up to the insurance companies when they refuse to pay you what your case is worth and show you the compassion that you deserve during this trying time.

What is the leading cause of wrongful death?

Car accidents are the leading cause of death since there are so many people who own cars or have to use one for their job. The Insurance Institute for Highway Safety (IIHS) found that there were 4.8 deaths per 100,000 people in the state of New York in 2019. Medical malpractice is the third-leading cause of death in the United States but estimates from other researchers are much higher, approximating that 440,000 people lose their lives to medical errors each year.

Call Rosenberg, Minc, Falkoff & Wolff, LLP Today

Losing a loved one is always difficult, but it is so much harder when a loved one dies unexpectedly and from something preventable. Many people are overwhelmed and have a difficult time trying to get their loved one’s affairs in order while trying to figure out how they will survive without them. With decades of experience assisting New York families to recover financial damages related to their loved one’s death, we are ready to help you, too.