Wrongful Death

Long Island Wrongful Death Lawyer

If a fatal accident has robbed you of a loved one and someone else was at fault, you can seek justice and financial compensation with help from a Long Island wrongful death lawyer. Losing a loved one can be an incredibly hard experience for anyone to go through. When your loved one died as a result of someone else’s negligent or intentional actions, the grief of the loss is even more difficult to bear. A wrongful death is a civil action against a party for causing a death by wrongful conduct. There are many situations that can lead to wrongful death: auto accidents, criminal actions, medical malpractice, defective products, and more. If you have a family member who’s been the victim of wrongful death, it can be difficult to know how to go about getting justice. A Long Island wrongful death lawyer with Siler & Ingber, LLP will help you hold the negligent party who contributed to your loved one’s death accountable and get you the full compensation you deserve.

Fatal Accidents Are Many and Varied

In a wrongful death claim, the surviving family members of the deceased seek to recover financial damages to compensate the losses caused by the death. Below are just a few example scenarios from which a wrongful death case might arise:
  • Car Accidents If a negligent driver causes a car wreck as a result of speeding, drinking, distracted driving, or any other dangerous behavior, and that accident results in a death, bereaved family members may sue for compensation. There are over one million motor vehicle deaths each year.
  • Medical Malpractice When medical professionals fail in their duty to do no harm and instead treat patients in a way that is reckless or negligent, fatal illnesses and injuries can result.
  • Criminal Behavior – Criminal behavior that results in the death of a loved one, such as a burglary gone violent, gives cause for surviving family members to bring a wrongful death suit.
  • Defective Products Product manufacturers have a responsibility to make safe products and to warn consumers of any potential dangers involved in a product’s use. If your loved one died as a result of a faulty product, you could be eligible to bring a wrongful death suit.

Who Can Sue for Wrongful Death in New York?

In New York, only the personal representative—usually a will executor—of the deceased’s estate may bring a wrongful death lawsuit. Such a case would be tried in surrogate court, the court that handles estate and probate matters in New York. The representative must prove the following points, which a Long Island wrongful death lawyer from our firm can assist you with:
  • The defendant acted negligently
  • This negligent or intentional act led to the victim’s death
  • The deceased has surviving dependents
  • The dependents have suffered financially due to their loved one’s death

Compensation Available in a Wrongful Death Claim

Two separate types of damages may be recovered in a wrongful death case: economic losses of the deceased and pain and suffering experienced by the deceased before his or her death. For instance, if a forty-year-old father of two died as a result of someone else’s negligence, a wrongful death settlement for his dependents could account for his lost income. So, if he planned to retire at age sixty-five, a settlement could account for twenty-five years of lost wages. Also, dependents may be eligible to recover damages that reflect the pain and suffering experienced by the deceased before passing. If the forty-year-old father had to be hospitalized and received intensive medical care before passing away, a wrongful death case could account for the medical costs accrued during his hospital stay, as well as the suffering he went through. We may also seek compensation for funeral expenses, the loss of parental nurturing and guidance, and interest on the damages awarded, as calculated from the date of death.

Statute of Limitations for Wrongful Death in New York

Even in this tough time, it is important to seek legal help as soon as possible. The statute of limitations on wrongful death cases is two years from the date of death. Suits brought after this time will most likely not be heard in court. Your Long Island wrongful death lawyer will understand that the time period after a loved one’s death is an extremely difficult time. Your entire world may have changed, and it can be hard to know how to go about holding the negligent parties accountable.

Contact a Long Island Fatal Accident Lawyer

A Long Island wrongful death lawyer from Siler & Ingber, LLP will work to hold the negligent parties accountable and get you the settlement your family deserves. Call us today at 1-516-294-2666, or contact us via our online form on this page to arrange your free consultation.

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