As a personal injury attorney on Long Island, we offer legal assistance in New York with wrongful death claims. Learn more about wrongful death claims, what they are, and what sort of damages you may be looking for in the suit. Our law firm has years of experience working with clients from across Long Island and have become a go-to attorney to help with wrongful death claims. So you can turn to us with full confidence knowing we will go above and beyond for you. Located in West Hempstead, New York, we are a trusted wrongful death attorney for many on Long Island. Get a personal lawyer you can trust when you turn to the law office of Falk & Klebanoff.
Let's start with what exactly is a wrongful death claim. When someone else's negligence or intentional actions leads to someone's death, then you may file a wrongful death claim in pursuit of benefits. Of course, this sort of death is a tragedy. And made even more so due to the fact that there is someone to blame for it. And it is not simply some unavoidable action. When you file a wrongful death claim, it is under the assumption that the death would have been avoided if not for a person or entity.
So this is where filing a wrongful death claim comes in, since it allows for the surviving family and loved ones to seek compensation for the financial and personal losses as a result of the death. Some examples of common wrongful death claims includes:
Regardless of circumstance, any case in which death has resulted due to another person's negligence may be a potential wrongful death case. So it does not have to be on that short list. It simply needs to be an act of negligence. Or perceived negligence. To file a wrongful death lawsuit, you do not need an attorney. But having one helps make sure you are properly filing the claim. And this way we can discuss how to win the lawsuit and help you through the process.
After the unexpected death of a loved one, it can be difficult to know what steps to take. If you believe another person or organization may have caused or contributed to the death, consider taking the following steps:
Prompt action can be important because evidence may become more difficult to obtain as time passes, and legal deadlines can limit the time available to bring a claim.
New York wrongful death law has specific requirements concerning who may bring a wrongful death lawsuit. Generally, the personal representative of the deceased person's estate brings the wrongful death action on behalf of the people who are legally entitled to benefit from the claim. New York Estates, Powers and Trusts Law § 5-4.1 addresses wrongful death actions and provides that the personal representative may bring an action when the statutory requirements are met.
Determining who is entitled to compensation can depend on the circumstances of the deceased person's family and estate. Because these rules can be complicated, families should not assume that being a close relative automatically means they can personally file the lawsuit. A wrongful death attorney can help determine who should bring the action, identify the appropriate beneficiaries, and explain how the legal process works.
Losing a loved one because of another person's negligence can leave a family facing emotional, financial, and legal challenges at the same time. A wrongful death attorney can help you understand your legal rights, investigate what happened, identify potentially responsible parties, and pursue compensation on behalf of eligible beneficiaries.
At Falk & Klebanoff, our wrongful death attorneys represent families throughout Long Island and New York who have lost a loved one because of an accident, negligence, or other wrongful conduct. We understand that every wrongful death case is different, which is why we carefully examine the circumstances surrounding the death and the losses suffered by the family.
A wrongful death lawyer may assist with:
If you are unsure whether your family has a wrongful death claim, speaking with a Long Island wrongful death attorney can help you understand the options available to you.
There are different types of damages you can make a claim for in wrongful death cases. Some of the common damages people ask to receive are:
It goes without saying that these damages and the compensation change based on the different circumstances. But in general, the age, lifestyle, earning capacity, life expectancy, and overall health of the deceased is used to determine the monetary value of the loss. For example, if a person who died was a middle-aged family man in good health, then the wrongful death claim can ask for predicted earnings, as well as lost inheritance. Since this loss accounts for many more years of life and lifestyle. The case can also be made for loss of parental guidance if the children are young enough.
Unfortunately, when it comes to the wrongful death of a child, there are not many damages to claim. This comes down to the fact that the child did not provide for his or her family.
For more information about hiring us as your attorney for a wrongful death, please contact us today. We will happily answer all the questions you may have regarding the representation of a wrongful death attorney and all that we can do for you. We have years of experience as work injury attorneys on Long Island and specialize in the handling of many personal injury lawsuits. Learn more about the death claim benefits from a survivor and what impacts their eligibility.
So please, if you need an attorney for a wrongful death claim on Long Island, New York, then reach out to us today. When you contact us, we can provide you with a no-obligation consultation to go over the aspects of your claim. Fill out the contact form below to get started.
