Coping with the loss of a loved one can be one of the most difficult times in your life. Although most people do not think about it, everyone faces the risk of falling victim to negligence on a day-to-day basis. Unfortunately, someone else’s negligence can result in the wrongful death of even the most aware and careful person. When this happens, the victim’s family is often left with emotional suffering as well as sudden financial losses.
A Manhattan wrongful death lawyer at Raphaelson & Levine can help you understand your legal options following the loss of a family member. We will fight to provide you with closure, compensation, and a strong voice for justice.
If you’ve lost a loved one due to a negligent driver, supervisor, medical professional, or municipality we invite you to contact us today for a free consultation or call 212-268-3222.
When a loved one dies due to the negligence of another party, the estate of the victim has a cause of action against the negligent party. Family members and other beneficiaries may be entitled to obtain compensation. Fortunately, under New York’s wrongful death statutes, such financial losses can be recovered by filing a wrongful death claim.
The purpose of this type of lawsuit is to compensate the decedent’s immediate family members and dependents for economic losses resulting from the decedent’s death. Wrongful death lawsuits may be filed only in instances where the decedent was killed by the negligence of a person (or company), which is often the case in motor vehicle accidents, construction accidents, medical malpractice, and slip-and-falls.
Money alone can never replace what you have lost. But in our society, a wrongful death lawsuit is the means for obtaining justice for the deceased and closure for loved ones. It can also save lives in the future and spare others what you have had to endure.
The Raphaelson & Levine Law Firm has extensive experience in wrongful death cases. Our experienced wrongful death lawyers provide results-oriented representation in fatal car accidents, construction accidents, dangerously designed products, airplane accidents, medical malpractice, and other acts of negligence such as not ensuring proper protection for employees that have contracted the coronavirus.
In such cases, our first step is to identify a representative of the estate and obtain authorization for a lawsuit. From that point on, we do all of the work and family members have the time they need to grieve and recover. Because we are selective in the cases we handle, we are able to focus on the needs of families who have lost loved ones. We recognize that a death case — and the sadness that comes with it — is unlike other personal injury accidents, and we will always handle all aspects of this type of case with the greatest resources and the highest level of professionalism.
Wrongful death claims do not exist under the common law, instead, they are governed by a New York wrongful death statute. In the state of New York, a decedent’s family members themselves do not file the lawsuit, instead, the law requires a wrongful death claim to be brought by the personal representative of the decedent’s estate on behalf of his or her beneficiaries-family members that are eligible to recover damages.
If damages are awarded, they are distributed to the beneficiaries. In general, New York law limits recovery to the decedent’s spouse and minor children. However, other family members may be eligible to recover, provided that they can prove their financial dependence on the deceased.
Unlike some other states, New York does not permit beneficiaries to recover for the noneconomic losses that they suffer, such as pain and suffering, emotional anguish or the loss of the decedent’s companionship. Instead, the wrongful death laws only allow beneficiaries to recover their monetary losses such as:
In addition to the above losses, punitive damages-damages that are not based on a loss suffered, but exist to punish the negligent party may be recovered if the conduct of the party responsible for the decedent’s death was reckless, willful or intentional.
In a free consultation, an attorney can review your case and discuss how we can help you. Our Manhattan-based wrongful death lawyers represent families and individuals who have lost a loved one throughout New York City (Bronx, Brooklyn, Manhattan, Queens), Long Island, Staten Island and the greater Hudson Valley.
If your loved one has been fatally injured due to another’s careless or negligent behavior, it is important to seek the advice of an experienced wrongful death attorney. Our skilled injury attorneys will help you understand the New York wrongful death statute and can discuss the next steps under New York law.
Our firm will work to ensure that your wrongful death claim has the greatest possible chances of success. To schedule a free consultation about a wrongful death case in New York, please complete the contact form or call 212-268-3222.