Sometimes cases go above and beyond the ordinary bounds of personal injury law. When accidents caused by negligence lead to serious injury or wrongful death, your wrongful death attorney working with Nassau County clients can protect you and your family’s rights moving forward.
Losing a loved one can be one of the most difficult situations a family must learn to navigate. You and your loved ones can count on our wrongful death lawyers to help during these tough times.
For a free legal consultation with a wrongful deaths lawyer serving Nassau County, call 516-451-7900
What You Should Know About Wrongful Death Claims in New York
The damages potentially available in a Nassau County wrongful death claim differ from those in a personal injury claim. Since the incident resulted in death, the surviving family members will have different damages than if the victim had survived. Although the amount of compensation will differ on a case-by-case basis, the types of damages possible remain the same.
Damages You Could Recover
The following damages could arise in any given wrongful death lawsuit in New York:
- Funeral and burial costs
- Medical bills relating to the decedent’s final injuries
- Costs the family paid for the decedent’s care
- The decedent’s lost wages and benefits due to the final injury or illness
- Future wages and benefits the decedent likely would have earned
- Payment for the deceased person’s pain and suffering leading up to death
- Lost inheritance the deceased’s children will no longer receive
- The value of the decedent’s lost support and services rendered to loved ones
In New York, a plaintiff can also receive a 9% interest payment on the damages award, calculated from the date of the decedent’s death. As of now, New York courts do not allow surviving loved ones to seek recovery for their personal pain and suffering, emotional anguish, or “loss of consortium” (the decedent’s companionship, love, care, guidance, etc.).
Even parents of a wrongfully deceased child cannot move to recover pain and suffering damages. Punitive damages might arise in cases involving a grossly negligent or malicious defendant, though. These could include cases that involve homicide. For additional information regarding damages, consult your wrongful death attorney.
Nassau County Wrongful Deaths Lawyer Near Me 516-451-7900
Who Can File a Wrongful Death Claim in Nassau County?
After the wrongful death of a loved one, many family members or friends might wonder whose responsibility it is to file a civil claim. In New York, as in all other states, laws restrict who may pursue recovery for someone else’s wrongful death.
Although many states allow family members to file claims, New York does not. In this state, only the personal representative of the deceased person’s estate has the authority to file a wrongful death claim.
What Is a Personal Representative?
The deceased person might have named a representative in a will or estate plan, or the courts will assign one during the probate process. The personal representative could be a family member, trusted friend, or professional.
The representative files the claim on behalf of beneficiaries, heirs, and surviving loved ones. If the claim is successful, the court will treat the personal representative as if he or she holds the award in trust for family members that will later own the proceeds.
We Will Prove Your Right to File a Wrongful Death Case
To have grounds to file a wrongful death claim in New York, the plaintiff will have to establish that:
- Someone passed away.
- The defendant’s wrongful action caused or contributed to the death.
- The estate can recover damages.
To learn if you have grounds to file a wrongful death claim in New York, speak with your personal injury attorney familiar with Nassau County wrongful death cases.
How Your Attorney Will Handle Your New York Wrongful Death Case
We are ready to take on your case for you. This could involve the following tasks:
- Investigating your loved one’s accident
- Negotiating for a fair settlement from the insurance company
- Filing paperwork
- Gathering evidence, like photos, eyewitness statements, and accident reports
- Protecting your rights
- Advising you throughout the case
- Keeping you up-to-date about developments in the case
- Arguing your case at trial, if necessary
- Handling trial costs until you get your financial award
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Time Limits for Filing a Wrongful Death Lawsuit in New York
In New York, there is a “statute of limitations” that imposes a strict time limit for filing wrongful death lawsuits and other types of civil claims. Missing the statute of limitations almost always results in losing the right to seek recovery for damages. In most cases, a personal representative of the estate generally has two years from the date of death to bring a lawsuit for wrongful death in New York.
In wrongful death cases where there is a pending criminal action against the defendant, the plaintiff has at least one year from the date the criminal case ends to bring a wrongful death claim.
Situations Where You Could Have More Than Two Years
There are exceptions to the time frame, however. So, talk to your lawyer before assuming you have lost the ability to file. If the beneficiary in a wrongful death suit is under 18, the statute of limitations for him/her to bring the lawsuit may not begin until their 18th birthday. Additionally, there are times when the statute may be significantly shorter, such as when bringing a claim against a municipality or other governmental entity.
If you are confused about your time limit for filing a wrongful death claim, we can help.
Why Choose Rosenberg & Gluck, L.L.P.?
People filing wrongful death lawsuits could benefit from hiring attorneys to gain justice. At Rosenberg & Gluck, L.L.P., we know that monetary recovery pales in comparison to the losses you and your loved ones have suffered.
However, we also know that a financial award can mean a future of stability for a surviving spouse, children, or other dependents. It could also remove hardship from the process. We make it our mission to fight for fair and just compensation for a life wrongfully cut short by whatever means necessary.
Our team can settle most wrongful death claims without trial – saving your family time and money. Our trial-tested lawyers are ready and more than willing to go to court if that’s what it takes to secure fair compensation.
Let Our Clients Describe Our Representation Style
We commit ourselves to helping our clients. They leave positive reviews when we succeed in our mission. Some say:
- “The entire family and team at Rosenberg & Gluck is amazing. They are highly professional and 100% dedicated to each and every case as though you’re the only one they handle. Each member goes above and beyond their call of duty to help with whatever question or problem you may have. My case went to trial and I won. I highly recommend this firm. They are overly prepared and ready to handle any case.” – J.
- “I was injured at work when a scaffold collapsed. Rosenberg & Gluck took care of everything.” – Oscar C.
We Can Help You Take on Many Negligent Parties
We are a firm taking cases in Nassau County, including those against:
- Insurance companies
- Government entities
- Product manufacturers
- Property owners
Wrongful Death Statistics
Wrongful death, unfortunately, occurs more often than most people realize. Fatal car accidents, workplace accidents, falls, accidental poisoning, medical malpractice, animal attacks, and criminal acts could constitute wrongful death. Wrongful deaths are those that would not have occurred were it not for the negligence or wrongful act of someone else.
The Centers for Disease Control and Prevention (CDC) keeps track of the number of fatal accidents throughout the U.S. each year. The most recent data is available from 2019. The following accidents took the most lives:
Unintentional poisoning took over 65,000 lives in 2019. The main cause of death in this category is drug-related complications or overdoses. Drug abuse, medical malpractice (prescription errors), and defective or dangerous drugs could result in unintentional poisoning deaths. Accidental poisoning can also occur when exposed to hazardous substances in the environment.
Motor Vehicle Traffic Accidents
Auto accidents caused over 37,000 deaths in 2019. Negligence is the main factor in car accident statistics in Nassau County and around the country. Driver negligence, such as driving under the influence or distracted driving, causes most fatal auto accidents. Motor vehicle traffic deaths also include fatal bicycle and pedestrian collisions.
In 2019, there were over 39,000 deaths from accidental falls. Falls can be deadly if the victim injures his or her head, brain, spine, or internal organs. According to the Occupational Safety and Health Administration (OSHA), falls are the leading cause of construction worker deaths, aside from transportation accidents.
All around, unintentional or accidental causes took over 173,000 lives in 2019. The majority of these deaths are considered “wrongful” by law. This means they happened because of someone else’s negligence or wanton disregard for the safety of others.
At Rosenberg & Gluck, L.L.P., we believe just one negligence-related death is too many. We fight for the loved ones of the deceased to secure financial compensation, closure, and justice for families.
Call Our Team to Begin Fighting for Justice
When you retain our firm, you can be confident that our lawyers are deeply concerned with helping those dealing with a family member’s tragic and wrongful death.
Call our office at (516) 451-7900 for your wrongful death consult today. We can help clients who speak Spanish, as well.