Nothing hurts more than losing a loved one. Unfortunately, many sudden losses occur as a result of negligence. If you’ve lost a loved one due to negligence, you may be able to recover damages through a wrongful death lawsuit.
What Is A Wrongful Death Claim?
A wrongful death action arises when a person is killed as the result of negligence, product liability, or malice on the part of another person. Negligence might occur in a situation like:
- an automobile or airplane accident,
- an accident in the workplace,
- or medical malpractice.
The manufacturer of dangerous products might be strictly liable for deaths caused by faulty or unreasonably dangerous products, such as unsafe automobile parts or drugs with dangerous side effects. Close family members may be able to sue to recover damages that result from a sudden loss.
Families of the victim often worry that pursuing legal action will only increase their feelings of distress. Some families do not immediately realize the impact a sudden loss can have on their lives, so contacting an experienced attorney is always a good idea. We understand the delicacy of these suits and will try to resolve the wrongful death lawsuit as quickly as possible in a sensitive manner.
What Compensation Can I Get With a Wrongful Death Claim?
Wrongful death suits can recover the expenses associated with the wrongful death itself, in addition to:
- Loss of salary & wages
- Loss of work benefits
- Loss of inheritance
- Other factors that will increase the burden on the family already suffering a loss
Since all wrongful death suits differ greatly, we can help you determine what compensation each family member can seek based on the relationship between the victim and the individual survivor.
At Bornstein & Emanuel, P.C., we help clients with claims for wrongful death accidents. Although we are a small firm, we believe the size of our firm allows us to be easily accessible to our clients. Personal injury law is our sole area of focus, and with more than 20 years of experience, we understand what it takes to efficiently meet your needs.
Contact Our Experienced NYC Wrongful Death Attorney Today
In addition to obtaining recovery for the loss of income and the loss of nurturing and guidance, New York state law allows individuals to receive compensation for the conscious pain and suffering the decedent felt before death.
At our firm, we have the resources to pursue every avenue for possible compensation. Contact our firm today to discuss your case in detail with an attorney.
FAQs
Who is legally allowed to file a wrongful death claim in New York?
Only the personal representative of the deceased’s estate can file a wrongful death lawsuit in New York. While family members may benefit from any recovery, they cannot file the case themselves unless appointed as the representative.
How long do I have to file a wrongful death lawsuit in New York?
Wrongful death claims are subject to strict filing deadlines, and the time limit may change depending on how the death occurred or whether a government agency is involved. Speaking with an attorney early helps ensure that no deadline is missed.
What happens if multiple parties contributed to the death?
New York law allows families to seek compensation from all individuals or entities whose negligence played a role in the loss. Courts can divide responsibility among multiple defendants, ensuring each party is held accountable for their share of fault.
Bornstein & Emanuel, P.C. handles New York City wrongful death claims in Nassau County, Queens, Brooklyn, the Bronx, and Manhattan from their office in Garden City
