Sorry to hear about your loss
Losing a loved one is a tragic experience. When that loss is caused by negligence or wrongdoing, the pain can be even worse. In these cases, New York wrongful death lawyers can help surviving family members seek financial support through a wrongful death claim.
Affected families should know how New York law handles wrongful death claims and how an experienced wrongful death attorney can guide them through this difficult time.
The award-winning wrongful death attorneys at Schwartzapfel Lawyers are prepared to help you get the full compensation you’re owed after experiencing such a tragedy. Call us now at 516-342-2200 or schedule with us online for a free consultation and so much more!
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What Is A Wrongful Death Case?
A wrongful death case arises when someone dies due to the negligence or intentional actions of someone else. Family members or beneficiaries can file a wrongful death lawsuit to seek compensation for their economic losses, funeral expenses, and loss of financial support from the deceased.
Some of the more common causes of wrongful death cases include but aren’t limited to:
- Car accidents and truck accidents
- Construction accidents
- Medical malpractice
- Defective products
- Slip and fall accidents
- Fatal accidents involving motor vehicles
In New York State, a wrongful death claim can be filed on behalf of the deceased by their family members or the executor of their estate. The goal is to hold the negligent party accountable and recover compensation for the losses the deceased person’s family has suffered.
Who Can File A Wrongful Death Claim In New York?
Under New York law, only specific individuals can file a wrongful death action. Typically, the surviving family members, such as the parents, spouse, or children of the deceased, can file the claim. In some cases, an executor of the deceased’s estate may also be able to file the lawsuit on behalf of the beneficiaries.
A wrongful death claim can cover many end-of-life expenses and future financial needs, including but not limited to:
- Medical bills related to the accident
- Funeral expenses and burial costs
- Loss of financial support from the deceased
- Loss of companionship and emotional distress
- Other economic losses resulting from the death
The experienced personal injury lawyers at Schwartzapfel Lawyers are ready to explain your options. Call our legal team now at 516-342-2200 for a free consultation and/or case evaluation.
What Is Labor Law 240?
In New York State, Labor Law 240, also known as the “Scaffold Law,” is a unique provision providing protection for construction workers. Employers and property owners are required to provide safety equipment, such as scaffolds, harnesses, and ladders, to mitigate the risk of falls and other accidents on construction sites. If they fail to do so, they can be held liable.
When a construction accident leads to a worker’s death, surviving family members may have the right to file a wrongful death lawsuit under Labor Law 240. In these cases, the responsible party could include the property owner, general contractor, or subcontractor.
If you’ve lost a loved one in a construction accident, it’s absolutely crucial to consult with an experienced New York City wrongful death attorney who is practiced in successfully handling Labor Law 240 cases.
What Is The Role Of A Skilled New York Wrongful Death Attorney?
Hiring the right NYC wrongful death lawyer is essential to ensure that your family members get the compensation they deserve. These seasoned attorneys have experience with the wrongful death laws in New York and can help you hold the at-fault party accountable.
- Legal Advice: The right wrongful death lawyer can explain your rights under New York law and help you understand whether you have a valid claim.
- Investigation: A skilled attorney can thoroughly investigate the fatal accident to gather evidence of negligence and determine the responsible party.
- Negotiation: The right attorney can also negotiate with insurance companies to make sure you’re compensated for your losses. Insurance companies sometimes try to minimize payouts, but a skilled attorney can push for the full amount.
- Filing A Wrongful Death Claim: They can handle the legal paperwork required to file a wrongful death claim or lawsuit. This includes ensuring the claim is filed within the statute of limitations, which is two (2) years from the date of death in New York State.
- Representation In Court: If you cannot reach a settlement, your qualified attorney can represent you in court to seek a favorable verdict.
The seasoned wrongful death attorneys at Schwartzapfel Lawyers have a wealth of experience representing families just like yours. Call our law office now at 516-342-2200 for a free case evaluation and endless peace of mind.
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What Damages Are Possible In A Wrongful Death Case?
In a wrongful death lawsuit, you may be able to recover various types of financial compensation. Among them, potential areas of reimbursement include:
- Medical expenses incurred before the death
- Funeral costs and burial expenses
- Loss of financial support
- Loss of inheritance
- Non-economic damages, such as loss of companionship and emotional distress
- Punitive damages if the at-fault party acted recklessly or intentionally
A seasoned wrongful death attorney can fully explain the types of compensation that may apply to your unique situation. But you shouldn’t wait, as your window to file a claim and successfully recover damages may soon close forever. To keep that from happening, act now and call Schwartzapfel Lawyers at 516-342-2200 today!
What Is The Statute Of Limitations For Wrongful Death Claims In New York?
The statute of limitations in New York State is typically two (2) years from the date of the deceased person’s death. Accordingly, you may lose your right to recover compensation if you do not file within this time.
Note: Certain exceptions may apply, such as medical malpractice cases, where the statute of limitations may be different depending on the circumstances. As such, it’s important to consult with a skilled wrongful death attorney as soon as possible to make sure you meet all deadlines.
Have Schwartzapfel Lawyers Fight For You!
Losing a loved one because of negligence is devastating, but New York wrongful death lawyers can fight for what your family needs to move forward. Whether the death was caused by an auto accident, medical malpractice, or a construction accident, a skilled wrongful death attorney can provide guidance during this difficult time.
Selecting the right law firm is absolutely critical when filing a winning wrongful death claim. A team of experienced personal injury attorneys has the knowledge and resources to handle your case and get you the maximum financial compensation you deserve.
The skilled wrongful death attorneys at Schwartzapfel Lawyers have more than (150) combined years of experience fighting and winning for affected families. Call us now at 516-342-2200 for a free consultation and/or case evaluation.
Start recovering today by calling Schwartzapfel Lawyers and having us fight — and win! — for you.
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
Wrongful Death Accident FAQs
In a wrongful death lawsuit, the goal is to seek compensation for the financial and emotional losses suffered by the family as a result of their loved one’s untimely passing.
The types of damages that may be recovered include funeral and burial expenses, medical expenses incurred prior to the death, lost wages and benefits, loss of companionship, and emotional pain and suffering. Our dedicated wrongful death attorneys will work diligently to ensure that you receive the maximum compensation possible, helping to ease the financial burden that often accompanies such a loss.
The nature of the accident — whether it’s a truck, car, motorcycle, or bicycle accident — can influence the legal action taken in a wrongful death lawsuit. Different types of cases may involve unique state laws, duty of care standards, and specific elements for holding responsible parties accountable. Our wrongful death lawyers are experienced in handling a variety of personal injury cases and will tailor their approach based on the specifics of the accident.
In wrongful death cases involving nursing homes, a seasoned personal injury attorney investigates to determine if negligence or a wrongful act led to the fatal injuries. This could involve examining healthcare records, staffing practices, and the overall care environment. Our law firm is committed to holding negligent parties accountable and ensuring justice for the deceased and their families.
Yes, wrongful death claims can arise from workplace accidents, especially if the fatal accident occurred due to employer negligence or a hazardous work environment. Our skilled attorneys have more than (150) years of combined experience successfully handling personal injury claims involving workplace accidents and are ready and eager to help with yours starting today.
In cases of wrongful death due to medical malpractice, our legal team works closely with medical professionals to review healthcare records, identify breaches in the standard of care, and establish a direct link between medical negligence and the wrongful death. In this way and many others, we are committed to making sure that affected families receive justice and adequate financial compensation for their loss.
Remember: Each wrongful death case is unique, and the experienced wrongful death attorneys Schwartzapfel Lawyers are here to offer personalized legal assistance. For more detailed information, or to schedule your free consultation, please dial 516-342-2200 and allow us to fight for you every step of the way!When I got hurt, Schwartzapfel Laywers Rebuilt My Life.
This iron worker is as tough as they come but injuries still happen. Scott found that out the hard way, then he had to call Schwartzapfel® because nobody had his back in his time of need. We got him the compensation he deserved.
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Just as a global pandemic was beginning to force shutdowns, Andrew’s career was taken from him in an auto accident. The team at Schwartzapfel® Lawyers stepped in and took care of everything. Andrew’s case was settled in just 14 months.
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