New York Wrongful Death Attorney
Lost a Loved One in an Accident? Call Our Firm
When an accident ends the life of a loved one, it will leave you in deep grief you might have never felt before. The harrowing situation will only get worse if your loved one’s death has left you in a financially tough spot. To help find justice for your loved one’s memory and compensation that makes ends meet again, you should consider filing a wrongful death claim against the party that caused your loved one’s untimely passing.
The Russell Friedman Law Group, LLP and our New York wrongful death lawyers can assist you with every step in the process of filing a wrongful death claim. You are going through so much right now, please allow us to take the stress of managing a legal case off your shoulders. Our experienced legal professionals have a reputation for excellence and experience you can trust. Your case will be in good hands if you let us work on it for you.
Call (855) 465-4622 to speak with an attorney about your options today.
What is a Wrongful Death?
A wrongful death is considered a death caused by a situation that could have been reasonably avoided had the parties involved acted more carefully. Specifically, a wrongful death is an avoidable death caused by another party’s negligence. Essentially, if your loved one passed away in a situation that could be described as an accident, then their death could be described as wrongful. The same is true if their death was caused by someone’s intentional actions or misdeeds.
Damages in a Wrongful Death Case
No amount of money can replace your loved one who passed away too soon. However, few things will weigh on you as much as financial debt brought on by their passing. A wrongful death claim can be used to demand financial compensation that keeps you and your family stable after losing your loved one. At the same time, knowing that the liable party has paid – at least monetarily – for its mistakes can help you find some peace of mind.
The damages available in your wrongful death case could include:
- Medical treatment costs for the deceased’s final care if any
- Pain and suffering endured by the deceased before passing away
- Costs for a funeral and/or burial
- Income and benefits the deceased did not earn due to their final injury
- Reasonable value of services and care provided by deceased to their family
- Inheritance surviving children will no longer receive
As your New York wrongful death lawyers, we will focus on maximizing your potential recovery by looking for all available damages and insurance policies. Again, money cannot replace your loved one, and it might not even ease your grief, but it can help you move through grief by not losing any energy on worrying about your financial stability.
Driven by Justice – Fighting for You
Taking the time to create the best possible wrongful death claim for you is a foundation of our work here at The Russell Friedman Law Group, LLP. We know that you need legal help now more than ever, so we can dedicate ourselves to exceeding your highest expectations. With so much on the line, you should rely on the experienced guidance and representation of our New York wrongful death attorneys. Driven by an undeniable sense of justice, we are ready to turn your voice into a powerful one, in and out of the courtroom.
Frequently Asked Question About Wrongful Death
Who can sue for wrongful death in New York?
New York wrongful death law only allows the personal representative of the deceased’s estate to file a wrongful death claim after someone passes away in an accident or due to negligence. Family members like parents, spouses, fiancés, children, and so forth cannot file a claim unless one of them happens to also be the personal representative of the estate. Although, any monetary awards secured through the claim will be paid to the estate, where it can then be distributed to beneficiaries.
Are wrongful death settlements taxable in New York?
Most damages secured through a wrongful death settlement in New York are not taxable because they are not seen as a form of income. However, if part of the settlement is paid to compensate for the pain, suffering, and distress of the deceased or yourself as the claimant, then it could be taxed.
How long do I have to file a wrongful death lawsuit?
Wrongful death claims must be filed within two years of the deceased’s passing, or the case can be dismissed by the court before it really gets a chance to begin. The two-year statute only begins on the date of death, not on the date they were injured or fell ill.
How is a wrongful death lawsuit different from a personal injury lawsuit?
A wrongful death lawsuit is often described as the personal injury lawsuit the deceased would have filed for themselves had their injury or illness not been fatal. The process of creating and managing a wrongful death lawsuit will be similar to that of a personal injury claim, which means you should work with an attorney if you aren’t familiar with the steps and procedures.
Is an autopsy necessary in a wrongful death case?
No, autopsies are not mandatory to file a wrongful death case in New York, which is to say there does not need to be an official medical declaration that the deceased passed away due to wrongful acts. If you can prove that negligence caused their death, then getting an autopsy performed could be unnecessary.