If your close relative passed away because of someone else’s careless or intentional action, you could hold them financially accountable. A wrongful death lawyer from Rosenberg & Gluck, L.L.P. serving Suffolk County could file a claim or lawsuit on behalf of the legal beneficiaries.
We can investigate your situation, negotiate a settlement, and fight for justice on your behalf. We also offer our full suite of legal services on a contingency-fee basis. If your wrongful death lawyer can’t secure damages, you owe nothing.
For a free legal consultation with a wrongful death lawyer serving Suffolk County, call 516-451-7900
How does New York Law Define “Wrongful Death”?
In EPTL § 5-4.1, New York statutes say that wrongful death, for the purposes of a lawsuit, is when a wrongful act, neglect, or default causes a person’s death. A death that results from an accidental or intentional act (like homicide) can be grounds for a wrongful death case.
Here are some situations that could serve as the foundation of a wrongful death case:
- An intoxicated person operates a motor vehicle and exceeds the speed limit, causing a fatal collision. This would constitute “wrongdoing.”
- When a nursing home resident passes away because of dehydration, the nursing home can be held accountable for its neglect.
- Default is when the death happened because the at-fault party did not do something they were supposed to do. For example, failing to administer a necessary medication could qualify as default.
These legal terms often cause confusion, but you do not need to worry. A wrongful death lawyer can explain what these things mean and identify what caused your loved one’s passing.
Suffolk County Wrongful Death Lawyer Near Me 516-451-7900
How Can Our Firm Advance Your Wrongful Death Case?
When we handle a wrongful death claim, our clients get to focus their attention and energy on self-care and being there for their families. We battle the multi-billion-dollar liability insurance company so that you do not have to.
Here are some of the ways in which our firm can serve you:
We Can Investigate Your Loved One’s Passing
We can use the following information to support that your loved one’s passing was caused by a wrongful act, negligence, or default:
- Your loved one’s death certificate. We must prove that your loved one passed away on a certain date. The New York State Department of Health notes that anyone with a “documented lawful right or claim” can request this information.
- Your loved one’s medical records. We can use your loved one’s medical records to show the cause of their passing, as well as any conditions that contributed to their death.
- Consultant testimony. We can interview healthcare providers, reconstruction specialists, and other experts to gain insight into your loved one’s passing.
- Medical bills, invoices, and receipts. We can use these items to determine your case’s overall value.
We Can Negotiate a Settlement
The insurance company likely won’t settle your case after receiving your claim. They may initially deny your claim or offer you a low amount of money. In this instance, we can negotiate a settlement offer. This involves showing evidence, reading the liable policy, and protecting you against unfair tactics.
We Can File Your Lawsuit
We usually only resort to filing a lawsuit if an out-of-court settlement is out of the question. This process involves managing your case’s paperwork, arguing your case, and calling on people to testify on your behalf.
We can manage these (and other) obligations for you.
Who Can File a Wrongful Death Lawsuit in Suffolk County, New York?
According to EPTL § 5-4.1, the personal representative of the decedent can take legal action against the person or entity whose wrongful act caused the death. New York law determines who can file a wrongful death lawsuit.
If the decedent’s will appointed an executor to administer the decedent’s estate, the executor typically maintains the wrongful death case. If the executor refuses to file a wrongful death lawsuit, qualifying beneficiaries can ask the court to appoint an administrator to take legal action.
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How Much Time do You Have to File a Wrongful Death Lawsuit?
Generally, New York law only gives you two years from the date of the death to file a wrongful death lawsuit, according to EPTL § 5-4.1. Our firm can explain whether any exceptions extend or shorten this deadline.
There are strict rules about who can file a wrongful death lawsuit and how long they have to do it. The American Bar Association (ABA) says that if you miss the filing deadline, the law can forever bar you from holding the guilty party responsible.
How Much Money Can You get in a Wrongful Death Lawsuit?
In EPTL § 5-4.3, either a judge or jury will award compensation to legal beneficiaries – provided that the case is successful. Compensation should cover the expenses related to your loved one’s passing, such as:
- The reasonable cost to treat the injuries that caused the death
- Reasonable funeral expenses
- The decedent’s lost income
- Other out-of-pocket expenses
You Can Afford a Lawyer From Our Firm
You do not have to be rich to get help with your case. As noted earlier, if we accept your case, we will represent you on a contingency-fee basis. In this arrangement, you do not have to pay any upfront legal fees.
We even cover litigation expenses, like filing fees and retaining expert witnesses, during the case. We get reimbursed for these costs and get paid our legal fees if we win your case.
Our fees are a percentage of your settlement or award. We will provide a written explanation of how our contingency-fee arrangement works.
Connect with Our Wrongful Death Team in Suffolk County Today
We understand that you are grieving the loss of your loved one. We treat our clients with compassion and respect while going after the at-fault party.
There is no charge for the initial consultation and no obligation. We are happy to assist Spanish-speaking clients. You can call Rosenberg & Gluck, L.L.P. today at (631) 451-7900 for your free consultation.