Patchogue Wrongful Death Lawyer

The sudden loss of a loved one is a heart-wrenching experience that can leave families shattered and searching for answers. When that loss occurs due to someone else’s negligence, the pain is often compounded by feelings of injustice and uncertainty about the future. You need a Patchogue wrongful death lawyer who understands the profound grief and challenges you’re facing. 

At Rosenberg & Gluck LLP, our dedicated Patchogue wrongful death lawyers offer legal guidance and compassionate support during this difficult time. We’ll stand by your side, fighting tirelessly to honor your loved one’s memory and secure the justice and financial stability your family needs to move forward. Let us shoulder the legal burden while you focus on healing and remembering the precious life that was taken too soon.

Patchogue Wrongful Death Guide

• Understanding Wrongful Death Claims
• Is Wrongful Death the Same as Homicide?
• Who Can File a Wrongful Death Lawsuit in Patchogue, NY?
• What Compensation is Available in a Patchogue Wrongful Death?
• What is the Deadline for Filing a Wrongful Death Lawsuit in New York?
• New York Wrongful Death Claims vs. Survival Actions
• How Can a Lawyer Help with My Wrongful Death Case?
• Contact Our Patchogue Wrongful Death Lawyers Today

Why Choose Rosenberg & Gluck LLP for Your Patchogue Wrongful Death Case

When facing the devastating loss of a loved one due to someone else’s negligence, choosing the right legal representation is crucial. Rosenberg & Gluck LLP has handled numerous wrongful death cases for clients in Patchogue and throughout Long Island. Our firm combines decades of legal experience with a deep understanding of New York laws, ensuring that your case is handled with the utmost professionalism and care.

Our team of skilled attorneys is known for their compassionate approach and unwavering dedication to clients. We understand the emotional and financial toll a wrongful death can take on a family, and we’re committed to providing personalized attention throughout the legal process. From the initial consultation to the resolution of your case, you’ll have direct access to your attorney, ensuring that your questions are answered and your concerns are addressed promptly.

At Rosenberg & Gluck LLP, we have a proven track record of successful wrongful death cases, having secured substantial settlements and verdicts for our clients. Our reputation for thorough case preparation and aggressive representation often leads to favorable out-of-court settlements, but we’re always prepared to take your case to trial if necessary. Moreover, our Patchogue personal injury lawyers work on a contingency fee basis, meaning you pay no legal fees unless we win your case. This allows you to focus on healing while we focus on fighting for the justice and compensation your family deserves. Contact us today for a free and confidential case consultation and to discuss your legal options. 

Understanding Wrongful Death Claims

Wrongful death claims arise when a person dies due to the negligent, reckless, or intentional actions of another party. These cases can stem from various incidents, including:

• Car accidents
• Truck accidents
• Pedestrian accidents
• Bicycle accidents
• Construction accidents
• Workplace accidents
• Defective products
• Slip and fall accidents

Our Patchogue wrongful death lawyers can help you navigate the legal process and determine if you have a valid claim.

Is Wrongful Death the Same as Homicide?

Wrongful death and homicide are related but distinct legal concepts. While both involve the death of an individual, they differ in their legal context and proceedings. Wrongful death is a civil action brought by the deceased’s family or estate seeking monetary compensation, while homicide is a criminal charge prosecuted by the state aiming to punish the perpetrator. 

While some cases may involve both wrongful death and homicide charges, they are separate legal proceedings. For example, a drunk driving accident resulting in death could lead to both criminal charges (vehicular homicide) and a civil wrongful death lawsuit.

Importantly, a wrongful death lawsuit can succeed even if there are no criminal charges or if the defendant was acquitted in criminal court due to the different standards of proof.

Who Can File a Wrongful Death Lawsuit in Patchogue, NY?

The ability to file a wrongful death lawsuit in New York is more restricted than in many other states. According to New York law, the personal representative of the deceased person’s estate is the only party who can file a wrongful death lawsuit. This is typically the executor named in the will or an administrator appointed by the court if there is no will.

While the personal representative files the lawsuit, they do so on behalf of the deceased’s surviving family members, who may include:

• Spouse
• Children
• Parents

The personal representative can seek damages for the benefit of these surviving family members and the estate itself. If the deceased was a child, a parent acting as the estate’s representative would typically file the lawsuit.

What Compensation is Available in a Patchogue Wrongful Death?

In Patchogue and throughout New York State, wrongful death lawsuits can seek various types of compensation to address the financial and losses suffered by the deceased’s family. The available compensation may include:

• Funeral and burial costs
• Lost wages and benefits the deceased would have earned
• Loss of inheritance
• Value of support and services the deceased would have provided to family members

New York law does not allow recovery for the emotional pain and suffering of surviving family members in wrongful death cases. This differs from some other states.

What is the Deadline for Filing a Wrongful Death Lawsuit in New York?

In New York, the deadline for filing a wrongful death claim is generally two years from the date of the death. This deadline is strictly regulated by the state’s statute of limitations. Failing to file within the specified timeframe can result in losing your right to seek compensation. 

Some exceptions may shorten or lengthen this timeframe, so it’s important to consult a knowledgeable wrongful death attorney as soon as possible to ensure all necessary steps are taken within the required timeframes to protect your right to seek justice and compensation. 

New York Wrongful Death Claims vs. Survival Actions

In New York, wrongful death claims and survival actions are two distinct legal mechanisms that can be pursued after a person’s death due to another party’s negligence or wrongful act. While they are often confused, they serve different purposes and compensate for different losses. Here’s a comparison of the two, plus some key differences:

Wrongful Death Claims

• Purpose: Compensate the deceased’s family for their losses resulting from the death.
• Filed by: The personal representative of the deceased’s estate.
• Beneficiaries: Close family members (spouse, children, parents) and dependents.
• Damages may include:
  • Lost wages and benefits the deceased would have earned
  • Lost inheritance
  • Lost parental guidance for children
  • Funeral and burial expenses
• Time limit: Generally, two years from the date of death.

Survival Actions

• Purpose: Recover damages the deceased could have claimed had they survived.
• Filed by: The personal representative of the deceased’s estate.
• Beneficiaries: The estate itself (which may then be distributed to heirs).
• Damages may include:
  • Medical expenses incurred before death
  • Lost wages from the time of injury to death
  • Conscious pain and suffering experienced by the deceased before death
• Time limit: Generally, three years from the date of injury, but other factors can affect the time to file..

Key Differences

• Wrongful death claims focus on the family’s losses, while survival actions focus on the deceased’s losses.
• Wrongful death claims arise at the time of death, while survival actions relate to the period between injury and death.
• In New York, unlike wrongful death claims, survival actions can include compensation for the deceased’s pain and suffering.

In many cases, both types of actions can be pursued simultaneously, providing a more comprehensive approach to seeking justice and compensation following a wrongful death. An experienced attorney can help determine the most appropriate legal strategy based on the specific circumstances of each case.

How Can a Lawyer Help with My Wrongful Death Case?

A skilled wrongful death lawyer can provide invaluable assistance throughout the complex legal process of a wrongful death claim. Here’s how a lawyer from Rosenberg & Gluck LLP can help with your case:

• Case evaluation: We’ll assess the circumstances of your loved one’s death to determine if you have a valid wrongful death claim and identify potential liable parties.
• Legal guidance: Our attorneys will explain your rights, the legal process, and what to expect, helping you make informed decisions throughout the case.
• Investigation: We’ll conduct a thorough investigation, gathering crucial evidence such as accident reports, medical records, witness statements, and expert opinions to build a strong case.
• Paperwork and filing: We’ll handle all necessary legal paperwork, ensuring it’s filed correctly and within New York’s statute of limitations.
• Negotiations: Our experienced lawyers will negotiate with insurance companies and opposing attorneys to seek a fair settlement that fully compensates your family for your loss.
• Trial representation: If a fair settlement can’t be reached, we’re prepared to take your case to trial and advocate vigorously for your rights in court.
• Damage calculation: We’ll work with economic experts to accurately calculate the full extent of your damages, including future losses, to ensure you seek appropriate compensation.
• Emotional support: While focusing on the legal aspects, we also provide compassionate support, understanding the emotional toll of your loss.
• No upfront costs: We work on a contingency fee basis, meaning you pay nothing unless we win your case.
• Peace of mind: By handling all aspects of your legal case, we allow you to focus on grieving and healing with your family.

At Rosenberg & Gluck LLP, our Patchogue wrongful death lawyers are committed to providing comprehensive legal support while treating you and your family with the care and respect you deserve during this difficult time.

Patchogue Wrongful Death FAQs

Contact Our Patchogue Wrongful Death Lawyers Today

Losing a loved one due to someone else’s negligence is a devastating experience that no family should have to face alone. At Rosenberg & Gluck LLP, we understand the profound impact of your loss and are here to support you through this challenging time.

Our experienced Patchogue wrongful death lawyers are committed to fighting for the justice and compensation your family deserves. We have a proven track record of success in handling complex wrongful death cases and will work tirelessly to hold responsible parties accountable.

Contact Rosenberg & Gluck LLP today at (631) 451-7900 or through our online form for a free, no-obligation consultation. We’ll listen to your story, answer your questions, and provide honest advice on the best path forward for your family.

Remember, you don’t have to face this difficult journey alone. Let our compassionate and skilled legal team shoulder the legal burden while you focus on healing and honoring your loved one’s memory.