Garden City Wrongful Death Lawyer

Why Choose Rosenberg & Gluck LLP for Your Garden City Wrongful Death Case

When choosing legal representation for such a sensitive and complex matter, it’s essential to have a law firm with experience, resources, and the dedication to fight for you. Here’s why families in Garden City and throughout Long Island trust Rosenberg & Gluck, LLP with their wrongful death cases:

• Proven Results: We’ve spent decades getting real results for families who’ve suffered immeasurable losses due to wrongful death. By combining extensive experience with a strong knowledge of the local court system in Garden City and Nassau County, we maximize the chances of success for every case we handle.
• Focus on Personal Injury: While many law firms juggle various legal disciplines, we dedicate our entire practice to personal injury law, including wrongful death cases. This focus allows us to concentrate all our efforts and resources on helping victims and families.
• Financial Resources: Wrongful death cases are often complex, requiring significant investigative work, expert testimonies, and extensive preparation. We have the financial strength to take on large corporations and insurance companies, ensuring that no corner is cut in your pursuit of justice.
• Compassionate Advocacy: We know this isn’t simply about obtaining compensation; it’s about honoring your loved one’s memory and ensuring your family gets the closure you deserve. We treat every case with the care, respect, and compassion it requires.

At Rosenberg & Gluck, LLP, we are committed to standing by you every step of the way. From investigating your loved one’s passing to fighting aggressively on your behalf in court, we’re here to shoulder the legal burden so you can focus on healing.

What is a Wrongful Death?

A wrongful death occurs when someone’s life is tragically cut short due to another party’s reckless, negligent, or intentional actions. Under New York law, certain surviving family members have the right to sue for negligence and file a wrongful death claim to pursue damages for the financial and emotional losses caused by their loved one’s untimely passing.

While no amount of money can replace the person you lost, compensation from a wrongful death claim can alleviate the financial strain caused by the death, from medical bills and funeral costs to loss of income and emotional support. It can also serve as a critical step toward holding the responsible party accountable and preventing similar tragedies.

Common Causes of Wrongful Death

Wrongful death can result from various circumstances, many of which are preventable with reasonable care and caution. Common causes include, but are not limited to:

• Auto Accidents: Reckless behaviors like distracted driving, speeding, driving under the influence, or failing to obey road rules contribute to many fatal accidents.
• Medical Malpractice: Preventable mistakes in diagnosis, treatment, surgery, or medication can result in devastating consequences.
• Pedestrian and Bicycle Accidents: Negligent drivers who fail to yield or pay attention to vulnerable road users often cause fatal injuries.
• Defective Products: Flaws in product design, manufacturing errors, or inadequate warnings can turn everyday items into deadly hazards.
• Slip and Fall Accidents: Unsafe premises, such as unmaintained walkways, poor lighting, or hazardous conditions, can result in fatal injuries, especially for older individuals.
• Workplace Accidents: Fatalities can occur when employers fail to provide safe working conditions or comply with safety regulations, particularly in high-risk industries like construction.
• Nursing Home Abuse or Neglect: Vulnerable elderly residents may suffer premature death due to neglectful care or intentional harm in nursing facilities.
• Criminal Acts: Fatalities resulting from physical violence, such as assaults or shootings, may also qualify as wrongful death cases.

Each wrongful death case is unique, and determining your next steps requires an experienced legal team to evaluate your specific circumstances. At Rosenberg & Gluck, LLP, we take the time to understand your family’s story and ensure your loved one’s case receives the attention it deserves.

Do I Have a Wrongful Death Case?

Knowing whether your situation qualifies for a wrongful death claim can be confusing, especially when you’re dealing with overwhelming grief. The most critical aspect of a wrongful death case lies in establishing negligence, which is the basis of most personal injury lawsuits. Negligence occurs when someone fails to act with the level of care that a reasonable person would in similar circumstances, resulting in harm to another. Can a lawyer help? Absolutely—legal guidance at this stage can clarify your rights and help you move forward.

To successfully pursue a wrongful death claim, your attorney will need to prove four key elements of negligence. These elements form the foundation of your case and help demonstrate why the responsible party should be held accountable.

1. Duty of Care
   The first step is establishing that the defendant owed a duty of care to your loved one. This duty requires individuals or entities to behave in a way that avoids causing harm to others. For instance, drivers have a responsibility to drive safely, medical professionals are expected to provide appropriate care, and property owners are required to maintain safe premises.
2. Breach of Duty
   Next, you must show that the defendant failed to uphold their duty of care. Examples of breaches might include running a red light, failing to diagnose a medical condition, or neglecting to repair a hazardous condition on the property.
3. Causation
   It’s not enough to prove that a breach of duty occurred; you also need to show that this breach directly caused your loved one’s death. Demonstrating causation often requires strong evidence, such as police reports, surveillance footage, eyewitness testimony, accident reconstruction, or medical records.
4. Damages
   Finally, you’ll need to prove that your loved one’s death caused tangible and intangible losses, such as medical expenses, funeral costs, lost income, or pecuniary loss experienced by surviving family members.

At Rosenberg & Gluck, LLP, our skilled attorneys meticulously investigate wrongful death cases to identify evidence, build a compelling argument, and support our clients through every stage of the process. We understand how challenging it can be to relive the details of your loss, which is why we handle the heavy lifting with care, so you don’t have to.

If you’re unsure whether you have a valid wrongful death claim, reach out to us for a free case evaluation. We’ll thoroughly assess your situation, explain your legal options, and help determine the best path forward for your family.

Who Can File a Wrongful Death Case in Garden City, New York?

Losing a loved one due to someone else’s carelessness or negligence is heartbreaking. Filing a wrongful death case allows surviving family members to seek justice and compensation for their tragic loss. However, under New York law, not everyone affected by the loss is eligible to file a wrongful death suit.

A wrongful death lawsuit in New York must be filed by the personal representative of the deceased’s estate. This representative is often named in the decedent’s will or chosen by the court if no representative has been designated. While the personal representative is responsible for filing the claim, damages recovered in the lawsuit are intended to benefit the decedent’s survivors, including:

• The surviving spouse
• Children of the deceased
• Parents of the deceased

If you’re unsure whether you have legal standing to benefit from a wrongful death lawsuit, our experienced attorneys can help clarify your rights. We understand this is an emotionally overwhelming time, and we’ll guide you through every step with compassion and care.

What Damages Are Available in a Wrongful Death Case?

While no amount of money can replace the loss of your loved one or fill the void left by their absence, a wrongful death claim can help ease the financial burden placed on your family. Our Garden City wrongful death lawyer are committed to pursuing the compensation you and your family need to move forward.

Damages in a wrongful death case fall into two primary categories, which focus on the financial and non-financial losses suffered by the deceased and their surviving family members. These damages may include the following:

• Medical Expenses: If your loved one received medical care between the accident and their passing, the cost of this care (such as hospital bills, treatments, or life-saving attempts) may be recovered.
• Funeral and Burial Costs: Planning a funeral is an unexpected financial challenge for many grieving families. Wrongful death claims can help recover these significant expenses.
• Loss of Financial Support: Surviving family members may claim damages for the loss of income, benefits, and financial support the deceased would have contributed to the household.
• Loss of Parental Guidance or Spousal Support: Children can seek damages for the emotional loss of a parent’s love, guidance, and care, while a surviving spouse may recover compensation for the loss of emotional companionship and partnership.
• Loss of Services: Families are often left without the services their loved one provided, such as maintaining the home or caring for children. These losses can also be compensated.

Every wrongful death case is unique, and the full value of your claim will depend on your family’s circumstances, the details of your loved one’s passing, and the lasting impact on your life. Our skilled attorneys work tirelessly to evaluate all potential damages, ensuring your family receives the maximum compensation possible.

What is the Statute of Limitations for Filing a Garden City, NY Wrongful Death Claim?

If you’ve lost someone due to another party’s recklessness or negligence, it’s important to know that there is a limited window of time to file a wrongful death lawsuit. This time frame, referred to as the wrongful death statute of limitations, is established by New York law to ensure timely legal action.

Generally, the statute of limitations for filing a wrongful death claim in New York is two years from the date of the decedent’s passing. Filing beyond this deadline can prevent your family from recovering compensation, no matter how strong your case may be.

However, there are exceptions that may alter this timeline, including:

• Medical Malpractice Deaths: If the cause of death involved medical malpractice, gathering evidence may take longer, so delays in recognizing the harm can affect the timeline.
• Government Defendants: If your claim involves a government entity (e.g., a fatal accident caused by a municipal employee or on public property), additional procedural requirements and deadlines may shorten the statute of limitations.

To protect your legal rights and ensure your case remains eligible for consideration, it’s critical to take action as soon as possible. The experienced legal team at Rosenberg & Gluck, LLP can help you meet all filing requirements and deadlines while you focus on grieving and healing.

How Can a Garden City Wrongful Death Attorney Help with My Case?

Pursuing a wrongful death claim is a complicated and emotional process, especially when you’re already dealing with the shock and grief of losing someone you love. A skilled Garden City wrongful death attorney can take on the legal complexities, doing everything possible to give your family the justice and financial relief you deserve. At Rosenberg & Gluck, LLP, here’s how we can help with your case:

• Explaining Your Rights: Wrongful death laws can be challenging to understand, and we’re here to help you make sense of your options and rights.
• Proving Negligence and Liability: Our team conducts thorough investigations and gathers evidence, such as accident reports, medical records, or expert testimony, to build a compelling case.
• Calculating Damages: We evaluate the full impact of this loss to determine the fair compensation your family needs, from medical and funeral expenses to future financial support.
• Dealing with Insurance Companies:We don’t allow powerful insurance companies or at-fault parties to take advantage of grieving families. Do insurance companies pay in these cases? They often try to minimise payouts, which is why our attorneys negotiate aggressively on your behalf to secure a fair settlement.
• Representing You in Court: If a resolution through negotiation isn’t possible, we are always ready to take your case to court and fight fiercely for justice.
• Offering Compassionate Guidance: Beyond legal assistance, we strive to reduce your stress and offer empathetic support throughout this difficult time.

Having an attorney you can trust allows you to focus on grieving, healing, and honoring your loved one’s memory. At Rosenberg & Gluck, LLP, we’re dedicated to treating your case with the respect, understanding, and determination it deserves.

Contact the Trusted Garden City Wrongful Death Lawyers Today

The loss of a loved one is one of life’s greatest tragedies, and knowing their death could have been prevented only deepens the pain. At Rosenberg & Gluck, LLP, we are committed to standing by your side, helping your family seek accountability, and fighting to secure justice for your loved one’s memory.

If death has taken someone dear to you because of someone else’s negligence or wrongful actions, don’t face this situation alone. Contact our trusted Garden City wrongful death lawyer today to discuss your case. We offer a free, no-obligation consultation to answer your questions and explain your rights.

Contact us today at (631) 451-7900 or through our online form for a free and confidential consultation. At Rosenberg & Gluck, LLP, we’re here to help your family take the next step toward healing. Together, we’ll fight for the justice and closure you deserve.