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
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.
The following damages could arise in any given wrongful death lawsuit in New York:
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 Me516-451-7900
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.
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.
To have grounds to file a wrongful death claim in New York, the plaintiff will have to establish that:
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.
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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.
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.
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.
We commit ourselves to helping our clients. They leave positive reviews when we succeed in our mission. Some say:
We are a firm taking cases in Nassau County, including those against:
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.
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.
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.
"I highly recommend the firm of Rosenberg & Gluck. They were very professional. All my calls were returned promptly and my questions were answered. I was treated with respect and patience. They were a tremendous help!"
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