When someone behaves negligently, a victim can suffer a personal injury. But in many tragic cases, the victim ends up losing their life. In a situation like this, surviving family members must deal not only with the grief and personal hardship of the loss, but also with significant financial repercussions.
Eligible survivors do have the right to file a wrongful death lawsuit against the at-fault party, but they should expect resistance from that party’s lawyers and insurance companies. Garden City family members have a trusted advocate in The Saul Law Firm. We offer a free initial consultation, and you pay nothing unless we win your case.
What is Wrongful Death in New York?
Under New York law, wrongful death refers to the loss of life stemming from someone’s wrongful act, neglect, or default. These are often negligence-based claims resulting from such incidents as fatal drunk driving accidents. But they can involve intentional criminal acts, which usually involve a premises liability claim against a property owner or occupier.
What Are My Rights After a Wrongful Death?
Certain surviving family members of the deceased victim (decedent) have the right to file a wrongful death lawsuit against the at-fault party. The plaintiff is usually the decedent’s spouse or children, but others may qualify.
Wrongful death lawsuits can be thought of as extensions of personal injury lawsuits. Consider a situation in which the decedent survived and would have had grounds for a personal injury lawsuit against the at-fault party. But in this scenario, the victim has died, so a qualified individual steps up and files a wrongful death action.
Common Examples of Wrongful Death Lawsuits
Since wrongful death is similar to personal injury, many of the same underlying causes apply. A few of the most common reasons these lawsuits are filed in Garden City involve:
- Car accidents: Whether the cause is drunk driving, distracted driving, or some other illegal or dangerous driving behavior, many victims lose their lives in crashes.
- Motorcycle accidents: Motorcyclists do not have the protections that automobile drivers have, and many of them tragically die in accidents.
- Truck accidents: Since trucks are much larger and heavier than passenger vehicles, an accident could prove fatal.
- Pedestrian accidents: Pedestrians who are struck while crossing the street or walking down the sidewalk may succumb to their serious injuries.
- Premises liability accidents: This category covers unsafe conditions on property, including negligent security, that cause deadly accidents or attacks.
Does My Family Have a Wrongful Death Case?
If your loved one died because of one of the above scenarios, or another involving negligence, you may have the right to pursue a wrongful death case. Our Garden City attorney will review the circumstances of the decedent’s loss of life and look for these elements:
- The at-fault party acted negligently: This could be, for example, by driving drunk or allowing a dangerous property condition like poor security.
- This negligence caused the decedent’s death: There must be a clear causal link between the negligence and the fatal accident.
- There is an eligible survivor: In New York, this may be a surviving spouse, children, dependents, or beneficiaries of the decedent.
- The survivors have suffered financial damages: Damages are the losses for which the law allows the survivors to seek monetary compensation.
What Damages Are Available?
Every wrongful death lawsuit is different, but most plaintiffs can seek compensation for:
- The decedent’s final medical bills relating to their fatal injuries
- Burial and funeral expenses and related costs
- The decedent’s conscious pain and suffering prior to death
- Loss of income and benefits the decedent would have earned
- Services that the decedent provided
- Parental care, support, and guidance
- Loss of inheritance and contributions that the decedent would have made to it
Although some of these damages are speculative, the right attorney can help you determine their value. Our Garden City law firm has a reliable network of expert witnesses and others who can calculate a reasonable dollar amount of the above losses.
What You Should Do After the Decedent’s Death
Losing a loved one is tragic, and it’s understandable that you will need time to process and grieve the death. However, there are some important steps you will need to take to preserve your and your family’s legal rights. The following can help you claim compensation from the at-fault party:
- Contact a Garden City wrongful death lawyer: You will likely need to retain legal counsel early to help with the below steps, so reach out to us as soon as possible.
- Gather evidence relating to the fatal accident: If, for instance, the victim died in a car accident, you should obtain a copy of the police report and speak to any witnesses you can find.
- Organize medical bills and records: There may be substantial amounts of these, depending on the nature of the fatal accident.
- Collect the decedent’s work, financial, legal, and property records: These include pay stubs, bank statements, deeds, life insurance policies, a last will and testament, and much more.
How Our Law Firm Can Assist You
Hiring an experienced wrongful death attorney is critical to making the strongest case for the compensation your family deserves. When you retain The Saul Law Firm, we get to work by:
- Investigating the accident or injury in Garden City that led to the victim’s death
- Obtaining evidence of wrongdoing and identifying the potential at-fault parties
- Reviewing the facts and evidence to determine a fair amount of damages
- Consulting expert witnesses who can provide valuable testimony to bolster your claims
- Filing a lawsuit and serving all court papers in accordance with applicable court rules
- Negotiating a settlement, if possible, with the at-fault parties and their insurance companies
- Representing you during mediation to try to reach a formal settlement agreement
- Taking your case to trial if the defendants refuse to negotiate in good faith
Contact Our Garden City Wrongful Death Attorney
We know that this is a challenging time for you and your family, and we are here to provide the compassionate legal guidance you need. Count on The Saul Law Firm. You can call our office or complete our online contact form today to schedule your free consultation.
Frequently Asked Questions About New York Wrongful Death Claims
Is there a time limit to file a wrongful death lawsuit?
Yes, you must file a wrongful death lawsuit within two years of the decedent’s death. If you fail to do so by this timeline, known as the statute of limitations, the court will likely dismiss your lawsuit. But you should take action much sooner to make the strongest possible case.
How much is my wrongful death lawsuit worth?
There is no standard dollar amount for these claims because every one of them is unique in terms of damages. Some data indicates that the average settlement (not court judgment) in the United States ranges from about $500,000 to $1 million. However, the value of your case could be much higher, so you should speak with an attorney.
Will I have to deal with the insurance companies?
No, and in fact, you should not speak with the insurance companies before you talk to a lawyer. Insurers are not interested in your claim, only their bottom line, and will use a number of tricks to try to acquire evidence to use against you. Let an attorney handle the insurance companies.
Do I have to pay any upfront fees with your law firm?
The Saul Law Firm works on a contingency basis, which means that you pay nothing upfront and you will have no legal fees unless we win your case. We also offer a free consultation so you can better understand your legal rights and options.
Which areas in New York do you serve?
We represent clients in Garden City, Nassau County, Suffolk County, Westbury, Uniondale, Hempstead, Long Island, Queens, Brooklyn, New York City, the Bronx, Staten Island, and Westchester County.