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Have You Recently Lost a Loved One Due to Wrongful Death? You Deserve Justice and Compensation for Your Pain and Suffering.
Goldberg & Loren is here to help. With years of experience, our compassionate and dedicated team will fight for your rights and hold those responsible accountable for their actions. We understand the devastating impact of losing a loved one and will work tirelessly to seek the justice you deserve.
By hiring us, you can focus on healing and grieving while we handle all the legal complexities. Our expert attorneys will guide you through the entire process, ensuring that your case is handled with the utmost care and attention to detail. We have a proven track record of successfully representing clients in wrongful death cases and obtaining substantial settlements.
Contact Goldberg & Loren today to schedule a free consultation. Don’t wait; let us fight for justice on your behalf and ensure that your loved one’s memory is honored with the justice they deserve.
Definition of Wrongful Death
Wrongful death is a legal term used to describe a situation where an individual loses their life due to the negligence, recklessness, or wrongful actions of another person or entity. In such cases, the surviving family members or personal representatives of the deceased person can file a wrongful death lawsuit to seek financial compensation for the loss they have suffered.
The purpose of a wrongful death lawsuit is to hold the responsible party accountable for their actions and provide compensation to the surviving family members for the damages they have suffered.
These damages may include medical expenses incurred before the time of death, funeral and burial costs, loss of income, and even the loss of companionship and consortium.
Who Can Bring a Wrongful Death Claim in New York City?
- Spouse: The surviving spouse is generally the first in line to bring a wrongful death claim. They have the primary right to seek financial compensation for their loss and the damages they have suffered. [1]
- Children: If there is no surviving spouse, the deceased person's children can bring a wrongful death claim. This includes both adult children and minors.
- Parents: If the deceased person was not married and had no children, their parents can bring a wrongful death claim. This includes both biological and adoptive parents.
- Other Family Members: If there are no surviving spouses, children, or parents, other family members, such as siblings or grandparents, may potentially have the right to bring a wrongful death claim.
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Related Information
Types of Cases Involving a Wrongful Death Lawyer in New York City
- Accidents: Fatal accidents, such as auto accidents, motorcycle accidents, truck accidents, pedestrian accidents, or construction accidents, can result in wrongful death claims. These accidents may be caused by another driver's negligence, a dangerous roadway condition, or a construction company's failure to provide a safe working environment.
- Criminal Acts: In cases where a person's intentional or criminal actions result in someone's death, a wrongful death claim may be pursued in conjunction with any criminal proceedings against the responsible party.
- Defective Products: This can include faulty machinery, unsafe prescription drugs, defective vehicle parts, or consumer products that pose unreasonable dangers.
- Medical Malpractice: Examples include surgical errors, misdiagnosis or failure to diagnose a condition, medication errors, or birth injuries resulting in the death of the mother or child.
- Nursing Home Abuse and Neglect: This can involve neglect, physical abuse, medication errors, or failure to address medical issues.
- Workplace Accidents: When a worker is killed on the job due to unsafe conditions, inadequate training, or negligent actions of their employer or a third party, a wrongful death claim may be appropriate. This can include construction site accidents, industrial accidents, or exposure to toxic substances.
Compensation for Wrongful Death
Medical expenses incurred in the treatment of the deceased person’s injuries prior to their death may be claimed. Funeral expenses and burial expenses can also be included in the damages sought. These costs can be significant and can further burden the surviving family members, so seeking compensation for them is critical.
If the deceased person was the primary earner in the family, their death can leave a tremendous financial void. The surviving family members may be entitled to receive compensation for the income they would have received if their loved one had not died.
Wrongful death damages also take into account the emotional impact and loss of companionship experienced by the surviving family members. This can include the loss of love, guidance, and parental care.
Punitive damages may also be awarded. Punitive damages are meant to punish the responsible party for their wrongful conduct and to serve as a deterrent for similar actions in the future.
These damages go beyond compensating the family for their losses and are awarded in cases where the responsible party’s actions were particularly egregious or intentional.
Statute of Limitation for Wrongful Death in New York City
The Statute of Limitations refers to the timeframe within which a legal claim must be filed. In New York, the Statute of Limitations for wrongful death actions is generally two years from the date of the person’s death. [2]
This means that family members who wish to file a wrongful death lawsuit must do so within this time period. If they fail to file a claim within that time frame, they may be barred from seeking compensation for their loss.
The Role of the New York City Wrongful Death Lawyer
One of the primary roles of our wrongful death lawyers is to determine the liable party or parties in the case. Our lawyers will thoroughly investigate the circumstances surrounding the death, gather evidence, interview witnesses, and consult with experts to build a strong case.
We understand the legal guidelines and statutes that apply to these cases. We will ensure that all necessary documentation is filed correctly and within the applicable time limits.
Goldberg & Loren’s attorneys will consider all relevant factors to accurately assess the full extent of the family’s losses and fight for fair and just compensation.
With our knowledge of insurance laws and negotiation skills, our legal team will effectively advocate for the family’s rights.
We will handle all legal aspects, including filing paperwork, meeting deadlines, and representing your family in court if necessary. This allows you to focus on healing and grieving while knowing that your case is in capable hands.
Have You Recently Experienced the Loss of a Loved One Due to Someone Else’s Negligence or Wrongdoing?
Goldberg & Loren, experienced New York City wrongful death lawyers, are here to help you seek justice and compensation for your loss. With years of experience and a track record of success, we are dedicated to fighting for the rights of those who have suffered the devastating loss of a family member.
By choosing Goldberg & Loren law firm as your wrongful death attorney, you can have peace of mind knowing that you have a team of skilled and compassionate lawyers on your side. We will tirelessly work to hold the responsible party accountable and ensure that you receive the compensation you deserve.
Call Goldberg & Loren today to schedule a free consultation and take the first step toward getting the justice you and your family deserve.
Sources:
[1] Summary of State Wrongful Death and Intestacy Statutes. (n.d.). Retrieved September 28, 2023, from https://www.justice.gov/archive/victimcompensation/law_ny.pdf
[2] System, N. Y. S. U. C. (n.d.). Statute of Limitations chart | NY CourtHelp. Copyright © 1996-2022 Office of Court Administration, the New York State Unified Court System – ALL RIGHTS RESERVED. Without Prior Written Consent, Any Form of Copying or Alteration Is Strictly Prohibited. https://nycourts.gov/courthelp/GoingToCourt/SOLchart.shtml
If someone you care about experienced a wrongful death in NYC, our personal injury lawyers are here to advocate for you and assist in securing the maximum compensation you deserve. Contact us today for a complimentary consultation.
