Losing someone you love is a heartbreaking experience, no matter the circumstances. When that loss happens because of another person’s negligence or recklessness, the grief is often mixed with anger, confusion, and difficult questions. A wrongful death lawyer in Nassau County can help you understand your rights and take the first steps toward holding the responsible parties accountable.
At Chaikin Trial Group Personal Injury Lawyers, a personal injury lawyer in Nassau County can advocate for you, protect your rights, and pursue compensation on your behalf. We will apply our 50 years of experience to handle your cases with compassion and skill. Our goal is to help families navigate this challenging time while seeking justice for their loved one.
What Makes a Death “Wrongful” Under New York Law
A wrongful death claim arises when someone’s life is cut short due to the negligence, recklessness, or misconduct of another person or entity. This could involve anything from a car accident caused by a distracted driver to medical errors that should never have happened.
The key point is this: had the victim survived, they would have had the right to bring a personal injury claim for their injuries. However, because their life was taken, that right instead transfers to specific surviving family members under the state’s wrongful death statute.
For families looking for a Nassau County wrongful death lawyer near me, it’s important to choose a firm with proven experience. Working with the best wrongful death lawyer in Nassau County can make all the difference in your case.
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Common Situations That Lead to Wrongful Death Claims
Families often ask what kinds of accidents or incidents qualify as a wrongful death. While each case is unique, these are examples of common causes:
- Motor vehicle crashes caused by negligent drivers operating cars, trucks, motorcycles, or pedestrians
- Medical malpractice, including misdiagnoses, surgical mistakes, or preventable complications
- Workplace accidents, especially in construction, where falls, equipment failures, or unsafe practices can be deadly
- Dangerous property conditions, namely, slip and fall accidents or other hazards on poorly maintained premises
- Defective products, such as faulty machinery, dangerous drugs, or unsafe consumer products, that lead to fatal injuries
- Criminal actions, including assaults or reckless behavior leading to death
Each of these circumstances has its own challenges in terms of proving liability, but they share the same devastating impact: a family left without their loved one.
A Nassau County lawyer for wrongful death cases can help families like yours pursue justice and fight for the financial support you need during such a painful time.
Who Can Bring a Wrongful Death Claim in Nassau County
Unlike some states, New York has very specific rules about who is allowed to file a wrongful death claim. It isn’t just any relative who can take legal action. The personal representative of the deceased person’s estate is the one who must file the lawsuit.
This representative will either be named in the person’s will or appointed by the court. From there, the personal representative handles the case. Even so, beneficiaries of any financial recovery are typically the surviving spouse, children, or parents of the deceased.
If none of these relatives are alive, other dependents or next of kin may be eligible. This distinction often surprises families, but it exists to keep claims streamlined and make sure that damages are distributed according to state law.
Understanding the Statute of Limitations
In New York, the statute of limitations for filing a wrongful death claim is two years from the date of death.
That said, there are some exceptions:
- If the death resulted from medical malpractice, the time limit may be slightly different, depending on the circumstances.
- If there is a criminal case tied to the death, the statute of limitations for the wrongful death lawsuit may be extended.
Families who are facing such an overwhelming amount of grief often find it difficult to focus on deadlines, but missing this window can mean losing the right to pursue justice altogether. That’s why it’s important to call a Nassau County wrongful death attorney as soon as possible.
Damages Available in Wrongful Death Cases
One of the questions families often ask is what damages they can recover in a wrongful death claim. In New York, compensation is not about putting a dollar figure on a life—it’s about covering the financial and tangible losses that come with such a sudden absence.
These are examples of recoverable damages in wrongful death cases:
- Funeral and burial expenses
- Medical costs related to the final injury or illness
- Loss of the deceased’s income and benefits
- Loss of household services provided by the deceased
- Loss of parental guidance, care, and nurturing for surviving children
- Pain and suffering experienced by the deceased before their death
Unlike some other states, New York does not currently allow families to recover damages for their own emotional distress in wrongful death cases. However, there has been ongoing legislative discussion about expanding these rights.
Wrongful death attorneys in Nassau County can help families understand what damages may apply in their specific case and pursue the maximum recovery allowed under state laws.
Why Surviving Family Members Should Contact Our Nassau County Wrongful Death Law Firm ASAP
Wrongful death laws are designed to give grieving families a path to accountability and financial stability when a preventable tragedy occurs. While no amount of compensation can bring back a loved one, it can ease the practical burdens that follow such a loss.
It’s also a means by which you can take measures to hold the responsible party accountable for your family member’s death. For families in Nassau County, these are important things to know about your case:
- Wrongful death claims exist to protect you when negligence takes a life.
- Only the estate’s representative can file, but the damages benefit close family members.
- There are strict deadlines—generally 24 months, but shorter if a municipality is involved.
- Compensation is focused on financial and tangible losses, not emotional grief.
Also, local conditions and laws matter, from high-traffic roadways to special filing rules against government entities. This can feel like a lot to take in and comprehend on your own, but the law firm of Chaikin Trial Group Personal Injury Lawyers can help you make sense of it all.
Speak With a Nassau County Wrongful Death Lawyer Today
Contact our Nassau County wrongful death attorneys as soon as possible for support, advice, and representation. Your consultation is free and confidential.
Our experienced team will guide you through every step of the legal process and fight to secure the compensation your family deserves. We’re here for you and your family. Contact us today!