Losing a loved one unexpectedly is one of the most crushing experiences a family can have. If you lost someone due to another party’s negligence, an Oyster Bay personal injury lawyer can help you pursue justice.
The lawyers at Chaikin Trial Group Personal Injury Lawyers have over 50 years of combined experience. If you lost a family member in a preventable accident, a wrongful death lawyer in Oyster Bay can help you take legal action and obtain compensation.
The Role of an Oyster Bay Wrongful Death Lawyer
Wrongful death claims often invite aggressive opposition from insurance companies and defense attorneys. An Oyster Bay wrongful death lawyer can help with your case by:
- Investigating the cause of death: We can review accident reports, medical records, witness statements, and other evidence to determine what happened and who is responsible.
- Gathering and preserving evidence: We can collect, organize, and protect critical evidence to ensure nothing is lost or overlooked as your case develops.
- Calculating damages: We can assess your family’s losses and determine the true value of your claim.
- Handling negotiations: We can negotiate directly with insurance companies and opposing parties and work to secure a fair settlement.
- Representing you in court: If a fair settlement cannot be reached, we can file a wrongful death lawsuit and fight for you and your family in court.
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What Types of Damages are Available?
The purpose of a wrongful death claim is to compensate surviving family members for the losses they have suffered after losing a loved one. Common types of compensation include:
- Medical expenses: You can recover the costs associated with the deceased’s final injury or illness, including hospital bills and related care.
- Funeral and burial costs: You can seek compensation for reasonable funeral and burial expenses incurred after your loved one’s passing.
- Lost income and benefits: You can pursue compensation for the wages, salary, and benefits the deceased would have earned if they had lived.
- Loss of parental guidance: You can recover damages for the loss of care, guidance, and nurturing the deceased would have provided to their children.
- Punitive damages: You can pursue punitive damages in cases involving especially reckless or intentional misconduct from the at-fault party.
An Oyster Bay wrongful death attorney can help make sure your settlement covers all of your family’s losses.
What is the Deadline to File a Wrongful Death Claim in New York?
According to NY EPT § 5-4.1, you typically have two years from the date of death to file a wrongful death lawsuit in New York. If you fail to file within this timeframe, you may lose your right to seek compensation entirely.
Our Oyster Bay wrongful death attorneys can help you file a wrongful death claim in a timely manner.
How Do I Prove Negligence?
To win your wrongful death case, you must prove that another party’s negligence or wrongful act directly caused your loved one’s death. This typically requires establishing the following elements:
- Duty of care: The responsible party owed a duty of care to the deceased.
- Breach of duty: This duty was violated through careless, reckless, or intentional actions.
- Causation: There is a clear link between the breach of duty and the death.
- Damages: The death resulted in measurable losses.
An Oyster Bay lawyer for wrongful death can help gather evidence to establish liability.
Who Can File a Wrongful Death Claim in New York?
Unlike some states, where close family members can file a wrongful death claim directly, New York law requires that the claim be brought by the personal representative of the deceased person’s estate. This representative acts on behalf of surviving family members, such as:
- Spouses: A surviving spouse is often the primary beneficiary in a wrongful death case.
- Children: Minor or dependent children may be entitled to compensation for the loss of parental support and guidance.
- Parents: In cases involving the death of a child, parents may pursue compensation.
- Other dependents: Individuals who relied financially on the deceased may also have a claim to certain damages.
What Qualifies as a Wrongful Death Case?
Not every death provides grounds for a wrongful death lawsuit. In general, a wrongful death occurs when a person dies due to another party’s negligence, misconduct, or intentional act.
Incidents that may form the basis of a wrongful death claim include:
- Car accidents: Fatal crashes caused by distracted driving, speeding, or impaired driving are among the most common causes of wrongful death.
- Medical malpractice: Mistakes made by healthcare providers, such as misdiagnoses, surgical mistakes, or medication errors, can have fatal consequences.
- Workplace accidents: Dangerous working conditions, lack of proper safety measures, or employer negligence can lead to fatal injuries on the job.
- Defective products: Manufacturers can be held responsible if a dangerous or defective product causes a fatal injury.
- Premises liability incidents: Property owners who fail to maintain safe conditions may be liable for fatal accidents that occur on their premises.
Speak to a Wrongful Death Attorney in Oyster Bay
If you have been searching for an “Oyster Bay wrongful death lawyer near me,” Chaikin Trial Group Personal Injury Lawyers is here to help. An attorney from our team can assist with your claim, negotiate on your behalf, and work tirelessly to obtain the compensation your family deserves.
Book a free consultation to take the first step toward justice.