Are you grieving after losing a loved one as a result of someone else’s negligence? Unfortunately, losing someone due to another party’s actions—or lack thereof—is a heartbreaking and life-altering event that far too many people experience.
However, we hope you know that you’re not alone. At Chaikin Trial Group Personal Injury Lawyers, we have 50 years of experience. In that time, we have recovered over $100 million in compensation. You can trust us to represent you as your Manhattan wrongful death lawyer.
As your Manhattan personal injury lawyer, we’re here to support you in the aftermath of such an overwhelmingly stressful and confusing time. With us by your side, you can feel confident that your loved one’s memory will be honored as we pursue justice for your family.
Understanding Wrongful Death Claims in New York
Under New York Estates, Powers & Trusts Law (EPTL) §1-2.5, a wrongful death is defined as a death caused by any of the following:
- Wrongful actions
- Neglect-based behavior
- Default of another person or entity
If the deceased person could have filed a personal injury lawsuit had they survived, then a wrongful death action may be appropriate. New York law allows only certain individuals to bring a wrongful death claim.
Typically, this must be done by the personal representative of the deceased’s estate. While the lawsuit is filed on behalf of the estate, any damages awarded are distributed to the surviving beneficiaries, such as spouses, children, or parents.
It is also important to note that wrongful death claims in New York are separate from criminal proceedings. Even if the at-fault party is facing criminal charges related to the death, the family may still file a civil wrongful death claim to pursue financial compensation.
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Time Limits Your Manhattan Wrongful Death Attorneys Will Pay Attention To When Filing a Claim in Your Case
New York imposes a strict statute of limitations on wrongful death lawsuits. In general, the claim must be filed within two years from the date of the person’s death. Failing to meet this deadline can result in the courts dismissing your case entirely, regardless of its merits.
That said, there are some exceptions to this rule. For instance, if a criminal case is also being pursued against the responsible party, the statute of limitations for the wrongful death case may be extended. Still, these exceptions are rare and situation-specific.
Consulting the rules of New York law closely is a must. The sooner you reach out to a wrongful death attorney in Manhattan, the sooner you can make sure you know which deadlines apply to your circumstances specifically.
Common Causes of Wrongful Death in Manhattan
Manhattan is a densely populated area with a high volume of vehicular traffic, active construction zones, and crowded public spaces. A wrongful death attorney in New York can help you pinpoint the exact cause behind the loss of your loved one.
However, in general, there are several recurring scenarios that often give rise to wrongful death lawsuits. Let’s take a look at cases a wrongful death attorney in NYC can handle:
- Motor vehicle accidents: Fatal crashes involving cars, trucks, motorcycles, and pedestrians are among the leading causes of wrongful deaths in the city. A New York wrongful death lawyer may investigate liability in cases involving driver negligence, traffic violations, or unsafe road conditions.
- Medical malpractice: Errors in diagnosis, treatment, or surgery can tragically result in a patient’s death. If you’ve lost a loved one due to medical negligence, a wrongful death law firm can assess whether there’s a viable claim.
- Construction site accidents: Given Manhattan’s constant development, construction-related fatalities due to falls from heights, equipment failures, or safety violations are not uncommon. A wrongful death lawyer in Manhattan can help you through the legal system as it relates to job site deaths.
- Premises liability: Fatal injuries from slip and falls, fire code violations, or criminal assaults on poorly maintained properties may lead to legal claims. A wrongful death attorney near me can evaluate whether the property owner breached their duty of care.
- Nursing home neglect or abuse: Elderly individuals suffering fatal harm in long-term care facilities may be the subject of a wrongful death case. A wrongful death lawyer in Manhattan, NY, can help determine whether the facility acted negligently or abusively.
For any of these tragic circumstances, wrongful death attorneys in New York are familiar with state laws and can help surviving family members seek justice and compensation.
Types of Damages Recoverable in a New York Wrongful Death Case
New York law limits the types of damages that can be awarded in a wrongful death lawsuit. Unlike some states, New York does not allow compensation for emotional pain and suffering that the surviving family members end up enduring as a result of their loss.
However, these economic damages may be recoverable:
- Funeral and burial expenses
- Medical costs incurred prior to death
- Loss of financial support that the deceased would have otherwise provided
- Loss of inheritance suffered by surviving heirs
- Value of services the deceased would have contributed
- Lost wages and benefits
In some cases, punitive damages may also be awarded if the defendant’s conduct was particularly egregious or malicious.
How Wrongful Death Differs From Other Legal Claims
Wrongful death claims are distinct from other types of legal actions for several reasons. Unlike standard personal injury claims, the injured person is no longer alive to testify or make legal decisions. This places the burden on the estate’s representative to act on their behalf.
Additionally, while criminal charges may be brought against a defendant for the same incident, those proceedings are separate from the civil claim. A criminal conviction is not required to pursue a wrongful death claim, and the burden of proof is lower in civil court.
With New York wrongful death lawyers by your side, you can trust that your legal counsel will adhere to the laws and regulations that apply to your situation.
Contact Our Wrongful Death Law Firm in Manhattan for Help Today
If you have lost someone you love at the hands of a wrongful death case, you don’t have to face the aftermath of your circumstances all alone. This is an experience that can leave you feeling unsure about what to do next, but you don’t have to figure it all out by yourself.
Instead, reach out to Chaikin Trial Group Injury Lawyers to meet with our Manhattan wrongful death attorneys. You can trust a Manhattan wrongful death attorney from our firm to handle your case and protect your rights.
Don’t wait to contact us for help—we’re here for you. The sooner you call our Manhattan wrongful death law firm, the sooner we can start working toward holding the responsible parties accountable on your behalf. Call now.
