Losing a family member is a heartbreaking experience. Losing a family member because another party acted carelessly or maliciously is even more tragic. If your loved one passed away in an incident involving negligence or intentional wrongdoing, you may have a valid wrongful death case. You may be able to hold the liable party accountable for your loved one’s death and recover compensation for your damages.
A wrongful death lawyer serving Freeport from Rosenberg & Gluck, L.L.P. can help you understand your rights after losing a loved one. Our team understands New York laws regarding wrongful death and knows what it takes to bring a strong case against negligent parties.
Call our office today at (516) 451-7900 for a free case assessment to learn more.
For a free legal consultation with a wrongful death lawyer serving Freeport, call 631-203-1691
Background on Wrongful Death
A wrongful death occurs when:
- An individual’s death is caused by another party’s negligent or wrongful actions.
- The deceased person would have been entitled to bring legal action against the liable party had they lived.
- The deceased person was survived by one or more individuals who suffered damages as a result of the death.
A wrongful death case may only be brought by a personal representative of the decedent’s estate. Often this is a spouse, adult child, or another close family member. A wrongful death claim may seek compensation for damages suffered by the decedent’s heirs and beneficiaries, as well as losses experienced by the decedent’s estate.
Freeport Wrongful Death Lawyer Near Me 631-203-1691
Elements of a Wrongful Death Case
A successful wrongful death claim is possible when the following criteria are satisfied:
- Duty: the defendant, meaning the party against whom the wrongful death claim is brought, owed the decedent a duty of care. This may be a duty to drive carefully, provide competent medical treatment, maintain safe premises, or another type of legal obligation.
- Breach of Duty: the defendant failed to uphold the duty of care.
- Causation: the decedent’s death was caused by the defendant’s failure to uphold the duty of care.
- Damages: the decedent’s death generated damages or financial losses.
A wrongful death lawyer serving Freeport from Rosenberg & Gluck, L.L.P. can help you demonstrate each of these elements. To learn more about how our team can help you bring a wrongful death claim against the liable party, call (516) 451-7900 today for a free consultation.
Incidents that May Give Rise to a Wrongful Death Claim
There is a wide range of situations that may give rise to a wrongful death claim. The party liable for a wrongful death may be an individual, company, or organization.
Distracted driving, drunk driving, drugged driving, reckless driving, driver inattention, and driver inexperience may lead to a fatal collision.
Property owners and occupiers have a legal duty to ensure that their properties do not contain unreasonable hazards. Spilled liquids, icy walkways, broken stairs, and other types of environmental hazards may lead to fatal slip and fall accidents. Negligent security may lead to muggings, assaults, and other deadly physical attacks.
Consumer product manufacturers have a legal duty to ensure that the products they create are reasonably safe. Defective auto parts, children’s toys, and other defective products may give rise to a wrongful death claim if they caused a person’s death.
Doctors, surgeons, and other medical professionals have an obligation to provide reasonably competent medical care to patients by law. Hospitals, nursing homes, rehabilitation facilities, pharmacies, and other medical facilities are also held to a high legal standard when it comes to patient care. If a medical professional or medical facility’s negligence leads to a person’s death, the individual or facility may be liable for damages. Intentional harm, such as nursing home abuse, may also lead to a wrongful death claim.
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Damages in a Wrongful Death Case
At Rosenberg & Gluck, L.L.P., we understand that financial compensation cannot bring back your loved one. However, we also know that a loved one’s unexpected death can create a massive financial burden for a grief-stricken family.
A wrongful death claim can help you hold the liable party responsible for your tragic loss. It may also allow the decedent’s surviving family members to recover financial compensation. Damages in a New York wrongful death claim may include:
- Medical expenses from the decedent’s medical care prior to their death
- Costs incurred by the decedent’s funeral and burial or cremation
- The loss of the decedent’s income
- Lost inheritance sustained by the decedent’s children
- The loss of the decedent’s services, such as homemaking or taking care of children
- The decedent’s conscious pain and suffering
Wrongful Death Time Restrictions in New York
Wrongful death lawsuits are subject to a time constraint called a “statute of limitations.” Generally, the statute of limitations for a wrongful death lawsuit in New York is two years, according to New York Estates, Powers & Trusts (EPT) §5-4.1.
If you try to bring a lawsuit after two years, the court may refuse to hear your case. There are important exceptions to the statute of limitations, however. For example, if you are bringing a lawsuit against a municipality, the statute of limitations is significantly shorter. Call our office at (516) 451-7900 to discuss the applicable statute of limitations for your case.
A Lawyer Can Help
Proving the elements needed to win a wrongful death claim is often quite challenging. A wrongful death lawyer serving Freeport from Rosenberg & Gluck, L.L.P. can help. Our team can identify who is liable for your loved one’s death, gather evidence to support your claim, consult experts who can testify regarding the cause of your loved one’s death, negotiate a settlement, and seek damages on your behalf. If a satisfactory wrongful death settlement cannot be reached through negotiations, we are prepared to take your case to trial.
Call our office at (516) 451-7900 today for a free, confidential case assessment.