Our New York Wrongful Death Lawyers Are Here to Help You Seek Justice for Your Loved One's Death
Losing a loved one due to someone else's negligence is a pain unimaginable and can be overwhelming, leaving you grappling with the impact of your loss and the associated legal complexities.
In the face of such an unfortunate event, you can rely on us. Our team of experienced New York wrongful death attorneys stands ready to guide you through the legal hurdles ahead. Our goal is to shed light on your rights, procedures, and potential remedies, ensuring you have the support you need throughout this difficult journey.
Table of Contents
- Are You Eligible to File a Wrongful Death Lawsuit?
- What is the Deadline for Filing New York Wrongful Death Cases?
- Grounds for a Wrongful Death Claim
- Proving Liability in Wrongful Death Lawsuits
- What Damages Can You Recover in a Wrongful Death Case?
- Consulting a New York Wrongful Death Attorney
Why Choose The Rothenberg Law Firm, LLP for Your Wrongful Death Case?
At The Rothenberg Law Firm, LLP, we understand the gravity of losing a loved one due to another's negligence. Our commitment to our clients in these most challenging times extends beyond the mere pursuit of legal compensation. Our New York City personal injury lawyers prioritize compassion, dedication, and efficiency in our approach to wrongful death cases.
Here is why you should entrust your case to us:
- Comprehensive Knowledge and Experience: Our lawyers hold significant experience handling wrongful death cases across multiple practice areas. We are adept at navigating the complexities of wrongful death law, enabling us to provide comprehensive legal counsel to help our clients achieve the justice they seek.
- Client-Centered Advocacy: Our commitment to our clients is at the core of our personal injury law firm. We recognize the emotional burdens you carry and offer our legal services, empathy, and understanding. We aim to provide comfort during these heart-rending times by assuring you that your case is in capable hands.
- Results-driven Approach: Our mission is to secure the best possible result for each client. Our track record of successful settlements and verdicts shows this focus on outcomes.
- No-Fee Assurance: We work on a contingency fee basis, which means you are not obligated to pay unless we secure a financial award on your behalf. This commitment ensures that our clients have access to top-notch legal representation, regardless of their financial circumstances.
Choosing The Rothenberg Law Firm, LLP means opting for a law firm that’s deeply invested in your journey towards justice. Let us be your pillar of strength and legal wisdom during this difficult period.
Are You Eligible to File a Wrongful Death Lawsuit?
You may file a wrongful death lawsuit in New York when someone, whether due to their actions or negligence, is responsible for the death of another. Wrongful death cases are tried in civil court. This differentiates them from homicide or manslaughter cases, which are tried in criminal court.
As the deceased person is unable to pursue compensation, laws in New York allow their surviving family members or estate to pursue damages on their behalf. The law serves to provide any fair and necessary compensation to family members who have suffered emotionally, financially, or both after the wrongful death of a loved one.
In New York, the responsibility of filing a wrongful death lawsuit lies with the personal representative of the deceased person's estate. Generally, personal representatives are individuals who are named in the deceased's will or appointed by the court. This person acts on behalf of the estate and any potential beneficiaries.
While the personal representative officially files the wrongful death claim, they do so for the benefit of the deceased's survivors or beneficiaries. Under New York law, these individuals often include:
- The surviving spouse
- Children, including biological and adopted
- Parents
- Siblings
- Any person who was dependent on the deceased
The compensation awarded from a successful wrongful death lawsuit goes to each family member based on their relationship with the deceased and the extent of their financial suffering and emotional loss. Whether that's through wrongful death settlements in New York or awards from judges in cases, there are standards in place to compensate those involved in wrongful death lawsuits.
When assessing damages from a wrongful death in New York, courts will consider factors like loss of wages and benefits, loss of companionship, emotional pain and suffering, and punitive damages.
If you have lost a loved one due to someone else's negligence, call us today for a free, no-obligation consultation.
What is the Deadline for Filing New York Wrongful Death Cases?
New York's wrongful death statutes typically expire after two years. Generally, this means the lawsuit must be filed within two years of the date the person passes away. Exceptions are possible, though rare, so it is crucial to reach out to a lawyer as soon as possible to get started on your case.
The consequences of failing to comply with the statute of limitations can be serious. In fact, doing so could forfeit your opportunity to secure compensation in a wrongful death action.
If a lawsuit is filed after the expiration of the statute, you can count on the defendant in the case to file a motion to dismiss with prejudice. Not only can a dismissal with prejudice end your case, but it will also bar you from ever filing it again in the future.
When the statute expires, you also lose your chance to negotiate a settlement with the other side. This is because the at-fault party and their insurance company are not obligated to negotiate a settlement with you following the violation of the statute of limitations.
Failing to meet the filing deadline could prevent you from pursuing justice for the passing of your loved one. Let our attorneys handle every aspect of your claim, including compliance with the statutory period.
Grounds for a Wrongful Death Claim
The methods used to determine who is liable in a wrongful death case vary from one state to another. Thus, if a loved one were the victim of wrongful death in New York State, you would need to consult an experienced wrongful death attorney familiar with the applicable laws.
The circumstances that can lead to a wrongful death claim are complex and varied, often intersecting with several practice areas in personal injury law. Some of the most common cases we handle involving wrongful death claims include:
- Car, Motorcycle, Truck, Bus, and Bicycle Accidents: Car accidents often result in severe injuries and fatalities. If your loved one was killed due to another driver's negligence, reckless driving, or failure to obey traffic laws, a wrongful death lawsuit could be a viable option. This encompasses car, motorcycle, truck, bus, and bicycle accidents.
- Medical Malpractice: If a medical professional's negligence or deviation from standard procedures leads to a patient's death, this can form the basis of a wrongful death claim. Medical malpractice may happen in instances of incorrect diagnosis, surgical errors, improper treatment, or childbirth injury, among other medical issues.
- Product Liability: Wrongful deaths also occur due to defective or dangerous products. Manufacturers owe a duty of care to ensure their products are safe for use. If a deadly accident arises from a defective product, the manufacturer or distributor can be held liable under a wrongful death claim.
- Nursing Home Abuse: Regrettably, some elderly individuals may suffer maltreatment in nursing homes, which potentially results in loss of life. If such abuse or neglect is responsible for your loved one's death, a wrongful death lawsuit can be filed against the facility or caregiving staff.
- Construction Accidents: Given the hazardous nature of these environments, fatal construction accidents can occur. Employers are required to adhere to specific safety standards and procedures. If your loved one's death is a result of a fatal accident, an employer who failed to uphold these standards might be responsible. In this case, a wrongful death lawsuit may be an appropriate recourse.
- Dangerous Drugs: Pharmaceutical companies have a legal obligation to ensure their products are safe and provide clear instructions regarding their use. If a loved one's death is a direct result of a dangerous drug's side effects, you may have a valid wrongful death claim.
No matter the circumstances surrounding your loved one's tragic death, our team will work hard to recover compensation for you and your family.
Serious injury cases are not just business for us – they're personal. When we take on a new client, we adopt them as part of our family and fight for them in every way possible. That has been our motivating force in capturing hundreds of millions of dollars for clients we have represented during the past 50-plus years. It is also the reason we aspire to be the best personal injury firm in the country.
Proving Liability in Wrongful Death Lawsuits
Proving a defendant is liable in a wrongful death case in New York requires proving their conduct caused the death. The plaintiff's attorneys must show that the death would not have occurred were it not for the defendant's actions or negligence. To ensure the highest accuracy and give the best chance for success, consult a New York wrongful death lawyer to assist with your case.
Call us today for a free, no-obligation consultation. 1-800-624-8888
What Damages Can You Recover in a Wrongful Death Case?
Damages typically serve to compensate the family members of a wrongful death victim in New York. Calculating damages requires evaluating several factors. Some are fairly easy to evaluate. These can include medical bills, end-of-life costs, and funeral expenses that the family of the victim incurred.
Other factors are more difficult to determine. For example, assessing damages related to loss of earnings involves anticipating the potential lifespan of the victim had a wrongful death not occurred. Subjective factors, like the emotional toll a victim's family suffers, are also complicated to evaluate.
Courts award punitive damages in some wrongful death lawsuit settlements and cases in New York. Unlike other damages, which compensate for a specific loss, punitive damages serve as punishment for the defendant. They can also serve to deter others from behaving similarly to the defendant in the future.
BILLIONS OF DOLLARS IN VERDICTS & SETTLEMENTS WON AND COLLECTED FOR OUR CLIENTS
Consulting a New York Wrongful Death Attorney
New York City Wrongful Death Attorney, Beth Rothenberg Halperin, Esq.
Do you think you have a valid wrongful death case in New York State? If so, contact the attorneys at The Rothenberg Law Firm, who have reliably and consistently succeeded in winning wrongful death cases in New York for decades.
Get in touch with a New York wrongful death lawyer at The Rothenberg Law Firm LLP at 1-800-624-8888 or submit a free case evaluation online for a free consultation. If our New York wrongful death attorneys accept the case, we won't charge you any legal fees unless we're successful in getting you the compensation you deserve for the loss of your loved one.
Keep in mind that the New York State wrongful death statute of limitations requires plaintiffs to file lawsuits within two years of the victim's death. Contact our New York wrongful death lawyers immediately, or you may forego your right to damages.
If you have lost a loved one due to someone else's negligence, call us today for a free, no-obligation consultation.
New York City Office Location
The Rothenberg Law Firm LLP
450 7th Ave 44th Floor,
New York, NY 10123
Phone: (800) 624-8888
What Our Clients Say
"The Rothenberg Law Firm adhered to the highest possible ethical standards at all times and represented my case with courtesy and professionalism. Equally important, they were responsive and addressed all issues. They resolved the matter in a manner that exceeded my expectations and I would recommend them to anyone."
Don F.
New Jersey
“Working with The Rothenberg Law Firm has been a pleasure. Very professional, efficient and always in touch with letting you know the status of your case. I have recommended this firm to many and will continue to do so. If you want a law firm that makes you feel that you and your case are important and will stay on top of your case from beginning to end, the Rothenberg Law Firm is for you."
Amy
Over ABillion Dollarsin verdicts & settlements for our clients
Consulting a New York Wrongful Death Attorney
Do you think you have a valid wrongful death case in New York State? If so, contact the attorneys at The Rothenberg Law Firm who have reliably and consistently succeeded in winning wrongful death cases in New York for decades.
Get in touch with a New York wrongful death lawyer at The Rothenberg Law Firm LLP at 1-800-624-8888 or submit a free case evaluation online at InjuryLawyer.com. Your initial consultation is FREE OF CHARGE. If our New York wrongful death attorneys accept the case, we won’t charge you any legal fees unless we’re successful in getting you the compensation you deserve for the loss of your loved one.
Keep in mind, the New York State wrongful death statute of limitations requires plaintiffs to file lawsuits within two years of the victim’s death. Contact a New York wrongful death lawyer at our firm immediately, or you may forego your right to damages.
What Our Clients Say
"The Rothenberg Law Firm adhered to the highest possible ethical standards at all times and represented my case with courtesy and professionalism. Equally important, they were responsive and addressed all issues. They resolved the matter in a manner that exceeded my expectations and I would recommend them to anyone."
“Working with The Rothenberg Law Firm has been a pleasure. Very professional, efficient and always in touch with letting you know the status of your case. I have recommended this firm to many and will continue to do so. If you want a law firm that makes you feel that you and your case are important and will stay on top of your case from beginning to end, the Rothenberg Law Firm is for you."
