New York City Wrongful Death Attorneys
Midtown Manhattan firm seeks compensation for wrongful death and conscious pain and suffering
Having someone you love suffer an injury because of another’s negligent act is terrible enough — but when those acts or omissions result in your loved one’s death, it is devastating. If the death of a loved one was caused by the negligence of a third party, the surviving family members may have the right to recover compensation for wrongful death. The estate may also have a claim for the decedent’s conscious pain and suffering. At Rich & Rich, P.C. in midtown Manhattan, we strive to obtain appropriate money damages for New Yorkers who are dealing with a death of a loved one following a car accident, a fall, an instance of medical malpractice or another result of fatal negligence.
What is a wrongful death lawsuit?
A wrongful death lawsuit is brought by an estate representative to obtain compensation from the party or parties who negligently caused or contributed to another person’s death. Numerous types of accidents can lead to a wrongful death lawsuit, such as:
- Vehicle collisions involving cars, trucks, motorcycles and bicycles
- Crashes where pedestrians are hit by motor vehicles
- Deaths during medical procedures due to medical malpractice
- Construction accidents
- Falls at nursing homes due to inadequate monitoring and supervision
- Accidents involving passengers in a taxis, rideshare vehicles, buses, trains or planes
- Slip, trip and fall accidents that occur at premises that are not maintained in a reasonably safe condition
The amount of compensation plaintiffs recover depends in part upon the income of the deceased person at the time of death and the amount he or she would have earned during his or her lifetime, and whether the surviving family members were dependent upon this income for support. The estate may also be awarded damages for the decedent’s conscious pain and suffering.
What actions should you take following your loved one's wrongful death in New York City?
The days and weeks after someone close to you has died can be traumatic and confusing. Protecting your legal rights might be the last thing on your mind, but hiring an accomplished New York attorney can alleviate your burden. Something you say to an insurance company or even a social media post could jeopardize your ability to obtain the compensation that you may be entitled to. Sometimes, surviving family members accept a quick, inadequate settlement because they just want to put the terrible event behind them. This could be very costly. Our firm will handle the legal details and advocate on your behalf to achieve the best outcome.
Who is liable for a wrongful death under New York law?
In some cases, determining who is legally responsible for an untimely death is straightforward. Other times, it could require detailed investigation. A medical malpractice attorney might need to consult with experts and review documents to determine whether a doctor has departed from the standard of care in providing medical treatment, leading to death. Even motor vehicle accident cases can involve not only the driver, but their employer and/or a roadway defect or other less obvious cause. You can rely on our personal injury lawyers to perform a thorough investigation so we can file a lawsuit seeking to hold all of the responsible parties accountable.
What compensation can I get in a wrongful death claim?
Nothing can replace a loved one who died as a result of someone else’s negligence, but under New York law, damages in a wrongful death lawsuit can include compensation for the following:
- Lost income
- Funeral expenses and burial costs
- Benefits and any inheritance the victim would have been expected to provide
- Medical bills incurred by the victim before they died
- Services and support that the victim provided to their family
- Comfort and companionship that was lost with the victim’s death
- Conscious pain and suffering experienced by the victim prior to their death
Our knowledgeable attorneys will review the circumstances of your case and advise you regarding an appropriate legal course to follow.
Who can file and how long do I have to bring a wrongful death lawsuit in New York?
Under New York law, the plaintiff in a wrongful death lawsuit must be the personal representative of the decedent’s estate. The statute of limitations can vary in these cases, so it’s best to speak with an experienced attorney right away. Many wrongful death claims must be filed within two years of the victim’s death. This deadline might be much shorter in other cases, such as those where a municipal or government entity is a defendant.
Contact a New York City lawyer for a free consultation about a wrongful death claim
Rich & Rich, P.C. advises estate representatives and bereaved family members on New York wrongful death litigation. Please call 347-696-7707 or contact us online for a free consultation regarding your legal options. We have a midtown Manhattan location at 1430 Broadway, Suite 1802.