Losing a family member is the most devastating experience a person can endure. When that loss is sudden, senseless, and caused by someone else’s carelessness, the grief is compounded by confusion, anger, and a profound sense of injustice. Your world has been shattered, and the future you planned has been stolen in an instant. The silence in your home is deafening, and the path forward seems impossible to navigate.
At Rosenberg & Gluck, LLP, we understand that no amount of money can ever replace your loved one. We know that a lawsuit is the last thing on your mind while you are grieving. However, the law provides a way for families like yours to seek justice and secure the financial stability you need to begin rebuilding your lives. You do not have to face this burden alone. As your compassionate legal advocates, we are here to lift the legal weight from your shoulders so you can focus on healing. If your family has suffered an unbearable loss, our dedicated Long Island wrongful death lawyer is here to help you through this difficult time.
During this incredibly painful time, choosing the right legal team to represent your family’s interests is a critical decision. You need a firm with not only the legal skill to win but also the compassion to understand what you are going through. For decades, families across Long Island have placed their trust in Rosenberg & Gluck, LLP, because we combine our extensive legal knowledge with a deep commitment to our clients’ well-being.
Here is why so many have chosen us to be their voice and their strength:
When you entrust your case to us, you are not just hiring a lawyer; you are gaining a team of dedicated advocates who will treat you with the dignity, respect, and compassion you deserve.
In legal terms, a “wrongful death” occurs when a person dies as a direct result of the wrongful act, neglect, or default of another individual or entity. Essentially, if the deceased person could have filed a personal injury lawsuit had they survived their injuries, their family may now file a wrongful death lawsuit in their place.
This is a civil action, separate from any criminal charges that may be filed, and its purpose is to provide financial compensation to the surviving family members for the losses they have suffered due to their loved one’s passing.
A wrongful death can arise from almost any type of personal injury incident. Our firm has the experience and resources to handle a wide range of these tragic cases.
Some of the most common types of wrongful death cases we handle include:
Our experienced wrongful death lawyers are committed to holding the responsible parties accountable, no matter the circumstances of the accident.
Under New York law, the lawsuit cannot be filed directly by the family members. Instead, it must be initiated by the “personal representative” of the deceased person’s estate. This individual is typically named in the deceased’s will as the executor. If there is no will, the court will appoint an administrator, who is often a close family member like a spouse, adult child, or parent. This personal representative acts on behalf of all the beneficiaries.
The financial compensation, or “damages,” recovered in a wrongful death lawsuit is not for the estate itself but is distributed to the deceased person’s surviving family members, known as “distributees.” New York law specifies the order of priority for who can be a distributee, which generally includes:
Our attorneys can help your family navigate the process of appointing a personal representative and ensure that the claim is filed correctly on behalf of all eligible beneficiaries.
While we know that no financial award can fill the void left by your loved one, the purpose of a wrongful death lawsuit is to provide financial relief for the very real losses your family has endured and will continue to endure. The compensation, or “damages,” is intended to restore your family to the financial position you would have been in had the death not occurred.
Under New York law, your family may be entitled to recover several types of damages, including:
Our team at Rosenberg & Gluck, LLP, works diligently to identify and calculate every single dollar of loss your family has suffered to ensure you receive the maximum compensation possible under the law.
It is critically important to understand that you have a limited amount of time to take legal action after the loss of a loved one. This deadline is known as the statute of limitations. If you fail to file a lawsuit within this timeframe, the court will almost certainly dismiss your case, and your family will lose the right to seek compensation forever.
In New York, the statute of limitations for filing a wrongful death lawsuit is two years from the date of your loved one’s death.
This two-year deadline is strict and applies in most situations, including those arising from car accidents, defective products, and even medical malpractice.
Bear in mind, there is a very important and much shorter deadline if the party responsible for the death is a government or municipal entity. This could be a city, a county, a town, a village, a school district, or a public authority (like the MTA).
If you intend to sue a municipality in New York, you must first file a formal “Notice of Claim” within 90 days of the incident. Missing this initial 90-day deadline can completely bar your case.
Because these deadlines are so unforgiving, it is absolutely essential that you speak with an experienced Long Island wrongful death attorney as soon as possible. The sooner we can begin our investigation, the better our chances of preserving crucial evidence, identifying all responsible parties, and ensuring all legal deadlines are met.
During a time of immense grief, the thought of navigating a complex legal battle is more than any family should have to bear. The legal system is complicated, and the insurance companies you will be up against have one goal: to protect their profits by paying you as little as possible. Trying to handle a claim on your own can jeopardize your family’s future financial security.
Hiring a dedicated wrongful death attorney from Rosenberg & Gluck, LLP, provides you with the protection, guidance, and advocacy you need.
You do not have to walk this path alone. We are here to provide the strength and legal skill you need to achieve justice for your loved one.
We know you have many questions during this difficult time. Below are answers to some common questions we hear from families like yours.
We understand that your family is already facing financial strain. That is why we handle all wrongful death cases on a contingency fee basis. This means you pay us absolutely no attorney’s fees unless and until we successfully recover compensation for you. We advance all the costs of litigation, so there is no financial risk to you to pursue the justice your family deserves.
Even if your loved one is found to be partially responsible for the accident that led to their death, your family can still recover damages. New York follows a “pure comparative negligence” rule. This means that your family’s financial award will simply be reduced by your loved one’s percentage of fault. For example, if they were found to be 20% at fault, your family could still recover 80% of the total damages.
A criminal case is brought by the state (prosecutors) to punish a wrongdoer for breaking the law. A wrongful death lawsuit is a civil action brought by the family to obtain financial compensation for their losses. They are two separate proceedings. A defendant can be found liable for wrongful death even if they are acquitted in a criminal trial, because the standard of proof is lower in a civil case (“preponderance of the evidence” vs. “beyond a reasonable doubt”).
We know that right now, taking the first step may feel impossible. The pain and grief can be paralyzing. The legal team at Rosenberg & Gluck, LLP, is here to offer you and your family the compassionate guidance and tenacious legal representation you need to secure justice and financial peace of mind. Let us be your advocates and your strength during this unimaginably difficult time.
We will listen to your story with empathy, answer all of your questions, and explain your legal options in a clear, straightforward way. We offer our services in both English and Spanish to better serve our entire Long Island community.Your consultation is free, confidential, and comes with no obligation. Contact Rosenberg & Gluck, LLP, today at (631) 451-7900 or through our online form to connect with a caring Long Island wrongful death attorney who is ready to help your family.
"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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