No one should have to lose a loved one due to someone else’s negligent actions, such as in an accident with a drunk driver or due to medical malpractice. At Chaikin Trial Group Injury Lawyers, our experienced team is dedicated to helping families hold negligent parties accountable after an unexpected loss.
With over 50 years of combined experience, we are committed to holding negligent parties accountable. Our Long Island wrongful death lawyers can provide compassionate and determined legal representation.
Whether you live in Nassau County or Suffolk County, call us to learn more about how our Long Island personal injury lawyers can seek justice and compensation for your family.
Our New York Wrongful Death Attorneys Handle a Variety of Cases
While compensation cannot bring back your loved one, taking legal action can help your family pursue justice and financial support as you adjust to your loved one’s absence.
If your loved one had the right to file a personal injury claim while alive, the surviving family members may have the right to file a wrongful death claim if they suffered fatal accident injuries.
Our team of Long Island wrongful death attorneys handles a variety of accident cases. When you hire our personal injury law firm, we can assign one of the following legal professionals to help:
- Long Island car accident lawyers: Fatal car accidents can result from reckless driving, speeding, or impaired driving. When negligence leads to a tragic loss, families may have grounds for a wrongful death claim to hold the responsible party accountable.
- Long Island truck accident lawyers: Truck accidents often involve severe collisions due to the size and weight of commercial vehicles. These crashes can result from driver fatigue, improper maintenance, or overloaded cargo, leading to devastating wrongful death cases.
- Long Island bicycle accident lawyers: Cyclists are particularly vulnerable on the road, and fatal accidents can occur when drivers fail to yield, are distracted, or act negligently. Families can pursue justice for loved ones lost in such preventable tragedies.
- Long Island pedestrian accident lawyers: Pedestrians face significant risks when drivers are inattentive, speeding, or fail to follow traffic laws. Wrongful death claims may arise when these negligent actions result in fatal injuries to pedestrians.
- Long Island premises liability lawyers: Property owners must maintain safe conditions. Fatal accidents can occur due to hazards like unsafe staircases, inadequate security, or dangerous conditions, giving rise to wrongful death claims.
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Who Can File a Wrongful Death Lawsuit?
In New York, a wrongful death lawsuit can only be filed by the personal representative of the deceased’s estate. This individual is typically named in the deceased’s will to act on behalf of the estate and pursue legal claims, such as a wrongful death case.
If no personal representative is named in the will, or if the deceased did not leave a will, certain family members, including spouses, children, or parents, can petition the court to be appointed as the estate’s representative.
Once appointed, this individual has the legal authority to file a wrongful death lawsuit and seek compensation on behalf of the estate and surviving family members.
Other Family Members Who Can Potentially File a Wrongful Death Claim
In some cases, other parties who receive financial support from the deceased may have the right to file a wrongful death claim, such as elderly family members supported by the deceased prior to the accident that led to his death.
Financial Losses Our Wrongful Death Lawyers in Long Island Can Pursue
A wrongful death claim aims to compensate you for the financial impact of your loved one’s death.
While financial compensation cannot fully account for such losses, an attorney can calculate all direct financial losses resulting from the loss of your loved one and seek a fair settlement. Financial losses that our wrongful death law firm may pursue compensation for include:
- Your loved one‘s final medical bills: You can file a wrongful death claim to recover the cost of your loved one’s end-of-life medical treatments, including any accident-related medical expenses.
- Expenses associated with your loved one‘s funeral and burial: Funeral and burial expenses can prove overwhelming, especially if you do not have funds set aside for these purposes. Many people struggle to make reasonable arrangements for a loved one if they die suddenly.
- The loss of income: For many people, losing the income from a specific family member, especially in a two-income household or a single-parent working household, can prove devastating. A wrongful death claim seeks to restore some of those lost funds, including the loss of inheritance.
- Awards for your loved one‘s pain and suffering: Our Long Island wrongful death attorneys can seek fair compensation to account for the pain and suffering your loved one experienced before their passing.
In rare cases involving intentional harm or malicious recklessness, a judge may also award punitive damages as a way of punishing the at-fault party, but this isn’t very common.
Regardless, our experienced personal injury attorneys work to hold liable parties responsible and help you recover compensation to help you financially cope with your loved one’s absence.
The Statute of Limitations for Wrongful Death Lawsuits
In New York, the statute of limitations for filing a wrongful death lawsuit is two years from the date of the deceased’s death, as outlined in New York Estates, Powers & Trusts Law § 5-4.1. This means that the lawsuit must be filed within two years; otherwise, the right to pursue legal action may be lost.
Given the strict timeline, it’s crucial to act promptly to protect your rights and ensure justice for your loved one. Missing the deadline could bar your family from recovering compensation.
Our Wrongful Death Attorneys in Long Island Are Here for Your Family
Losing a loved one due to someone else’s negligence is an unimaginable tragedy, but a wrongful death lawsuit can help bring justice and financial relief to your family during this difficult time.
At Chaikin Trial Group Injury Lawyers, our New York wrongful death lawyers are committed to guiding you through the legal process with compassion and dedication.
Contact Chaikin Trial Group Injury Lawyers today to discuss your case and take the first step toward justice.
Legal Disclaimer: If you believe this information is relevant to your situation, please contact our office directly to schedule a consultation. Mr. Chaikin is licensed to practice law in New York. The information herein is not legal advice and does not create an attorney/client relationship with Chaikin Trial Group. This page is in the form of legal education and is intended to provide general information about the matter within the question.
