WRONGFUL DEATH LAWSUITS IN NEW YORK

Trustworthy New York Wrongful Death Attorneys

Any lawyer who takes a wrongful death case and promises to make the client whole again is lying. No amount of money can replace a loved one lost to negligent or illegal behavior.

A significant courtroom win or insurance settlement, however, can send a strong message to the at-fault person or company, and that message could spark changes in behavior that will save lives in the future. Full and fair compensation can also ease the financial burden imposed on survivors and deliver a sense of justice served.

In New York, Belluck & Fox, LLP is the trustworthy advocate you need to fight for justice for your lost loved one. Our firm has more than 20 years of experience and has recovered more than $1 billion in compensation for clients and their families.

Learn how we can help you and your family get through this difficult time by scheduling a free consultation with one of our compassionate personal injury lawyers in New York. Call or fill out our online form to get started.

Common Causes of Wrongful Deaths

Unfortunately, pretty much any place people go and any activity they do can result in a tragic accident leading to a wrongful death. Although the settings and circumstances vary, often the at-fault parties have powerful insurance companies and lawyers who are committed to preventing a victim’s loved ones from recovering full and fair compensation.

Some of the common wrongful death cases our law firm handles involve:

• Unsafe conditions at a store or other property
• Nursing home abuse or neglect
• Workplace mishaps such as falls at construction sites
• A plane crash or public transportation disaster
• Truck Accidents
• Car accidents caused by reckless or distracted driving
• Motorcycle Accidents
• Pedestrians 
• Dangerous or defective products, from medications to malfunctioning auto parts
• Skydiving Accidents
• Vicious criminal acts

Statute of Limitations on Wrongful Death in New York

In New York, you have two years from the date of the victim’s death to file a wrongful death lawsuit. The clock begins ticking when your loved one dies, and it takes time to build a strong claim. So contact one of our knowledgeable attorneys as soon as you are ready to talk.

Frequently Asked Questions About Wrongful Death

Someone you love has died through no fault of their own. In fact, you feel someone else’s negligence caused your loved one’s death. However, accident-related medical bills and financial losses are piling up, and you’re not sure where to turn.

This scenario is painfully close to reality for a lot of people in New York. And under a fog of grief, when the most overwhelming question is how to cope with unbearable loss, these people often are hit with ridiculously low offers of compensation from at-fault parties and insurers.

Our wrongful death lawyers at Belluck & Fox know how this story should end. The victims’ loved ones should be fairly compensated for the wrongful death, bringing them a degree of financial comfort and justice for the deceased.

Let our skilled wrongful death lawyers help you pursue justice. Contact us today for a free consultation and answers to common questions like these:

Q: Am I eligible to file a wrongful death claim in New York state?

A: In New York, only a personal representative of the wrongful death victim’s estate, someone who is appointed by New York Surrogate’s Court, may file a wrongful death claim. That representative typically is the executor of the will or the administrator of the victim’s estate, according to the New York City Bar.

Q: Are punitive damages possible in a wrongful death case?

A: In rare cases where willful misconduct or criminal actions lead to a wrongful death, punitive damages can be awarded as a means to punish the defendants.

Q: How long will my wrongful death case take?

A: Most cases do not make it all the way through to a jury verdict or judgment. Instead, settlements are the most common outcome. However, that might not happen until the very last minute.

Overall, you should know that a lawsuit is a complex process that can take years from the time a claim is made until a settlement or verdict is reached and compensation is awarded. Our attorneys will work diligently to keep your case moving forward as efficiently as possible.

Q: How much does it cost to hire a lawyer in a wrongful death case?

A: Belluck & Fox’s wrongful death attorneys will take your case on a contingency fee basis. That means you don’t pay any attorneys’ fees unless and until we secure compensation for you. We also offer a free case consultation to discuss your claim and outline all of your legal options.

Q: Is there a wrongful death statute of limitations, or time limit, for filing a claim in New York?

A: In New York, you have two years from the date of the victim’s death to file a wrongful death lawsuit. Exceptions to the rule are extremely rare, even for children or those not physically or mentally capable of filing a claim.

Q: The insurance company has made a wrongful death settlement offer. Should I take it?

A: Never agree to a wrongful death settlement without discussing your rights with an experienced New York attorney. You deserve full and fair compensation, and you will likely need a skilled attorney to fight for it.

Q: What do you have to prove in a wrongful death case?

A: To establish a wrongful death claim, you must prove:

Q: What types of compensation can be recovered?

A:  Our New York wrongful death attorneys may pursue compensation for financial losses such as:

Unfortunately, surviving family members cannot typically recover compensation for their personal pain and suffering. However, your loved one’s estate can demand compensation for the pain and suffering he or she experienced between the time of the accident and the time of death.

Q: Who can recover compensation in a wrongful death case?

A surviving spouse, children, or direct relatives such as parents and siblings of a wrongful death victim may be eligible to receive compensation. The claim must be filed by the personal representative of the victim’s estate.

Elements of a Wrongful Death Lawsuit

A wrongful death case in New York state hinges on proving that someone’s negligent actions resulted in the death of another. That action might have been criminal, but wrongful death attorneys help families of victims by pursing compensation through a civil case.

The New York City Bar outlines that only a personal representative of the estate appointed by New York Surrogate’s Court may bring a wrongful death action. That representative, who may be a spouse or other family member, must prove “the elements of a wrongful death case,” which are:

It is important to note that additional damages to account for the pain and suffering your loved one experienced before death could be sought through a survivorship action brought by the estate.

For family members mourning the loss of a loved one, it can seem obvious who should be held accountable for this injustice. However, these types of cases can be quite complex, so having a strong New York wrongful death lawyer on your side is important to build a solid claim for compensation.

Who Can Recover Compensation in a New York Wrongful Death Case?

Although only a personal representative of the estate can file a wrongful death claim in New York, the compensation that comes from that claim can include damages that are passed along to:

• A surviving spouse
• Children
• Other direct relatives such as parents and siblings

These survivors can also be the beneficiaries of a legal action by the estate’s representative to recover damages for the victim’s pain and suffering before death. These damages would go to the estate for distribution according to wills or legal guidelines.

Types of Compensation Available in Wrongful Death Claims

Spouses and kin typically are not allowed to file a claim for their own pain and suffering in a wrongful death case. However, they can be compensated for their loss in other ways. For example, our New York wrongful death attorneys may pursue compensation for financial losses such as:

• Expenses related to the funeral and burial
• Health care expenses related to treating the person before death
• Value of wages and benefits lost from the time of the fatal injury to the time the person died
• Value of lost support and services the deceased had provided to family members
• Inheritance lost by surviving children
• Estimated value of the children’s loss of nurturing, guidance, and care

At Belluck & Fox, our skilled attorneys will evaluate your case and determine all of your options for pursuing justice for your loved one, including filing a claim for compensation for the pain and suffering your loved one was forced to endure before death. In extreme cases where willful misconduct or criminal actions lead to a wrongful death, we may pursue punitive damages to punish the defendants for what they have done.

Schedule a free case consultation with us now to discuss how we can help you move forward with your case.

Call The Top Rated New York Wrongful Death Lawyers at Belluck & Fox For Help With Your Claim

• Excellent lawyers with a reputation for providing high-quality representation
• Committed to fighting for the best interests of families who have lost loved ones in wrongful deaths
• Good relationships with popular and respected expert witnesses who can provide valuable testimony in complex wrongful death claims
• Highly recommended by former clients and legal peers

If you are coping with the unexpected death of a loved one and need to discuss your legal rights, contact our skilled New York City wrongful death lawyers at Belluck & Fox now to schedule a free case consultation. We will review all your legal options and explain how we may be able to help.

Why Choose Belluck & Fox for Your Wrongful Death Case?

Over the years, we have helped countless families recover the compensation they deserved after losing a loved one due to someone else’s negligence or misconduct. Clients choose to work with our experienced wrongful death lawyers because we are:

• Compassionate and sensitive to your needs. We understand that you are going through one of the worst tragedies a family can face, and we are here to make this process easier on you.
• Protective of your privacy. We go to great lengths to keep insurance companies and other at-fault parties from putting pressure on you during this stressful time. We will handle all communications on behalf of your family.
• Aggressive in pursuing justice for your loved one. We are committed to fighting for maximum compensation for our clients, whether that comes in the form of a wrongful death settlement or a jury verdict.