Trusted New York Wrongful Death Attorneys
Are You Eligible For A Wrongful Death Lawsuit?
A wrongful death lawsuit may be filed 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 victim of wrongful death 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. Whether that’s through wrongful death lawsuit settlements in New York or awards from judges in cases, there are standards in place to compensate those involved in a wrongful death suit.
When assessing damages from a wrongful death in New York, courts will consider factors like loss of wages and/or benefits, loss of companionship, emotional pain and suffering, and punitive damages.
Grounds for a 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 was the victim of wrongful death in New York State, you would need to consult a New York wrongful death lawyer familiar with the applicable laws.
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Wrongful Death Liability
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. In order to ensure the highest accuracy and give the best chance for success, consult a New York wrongful death lawyer to assist with your case.
Assessing Damages
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, and can include the exact medical and death costs 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 the wrongful death not occurred. Subjective factors, like the emotional toll a victim’s family suffers, are also complicated to evaluate.
In some wrongful death lawsuit settlements and cases in New York, courts award punitive damages. 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.
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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.
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“The Rothenberg Law Firm explained all aspect of the case and laws in NY and NJ so I was able to understand exactly what was needed and what can happen. I had complete confidence in them. Their lawyers are very smart, quick, and sympathetic to my loss.”
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