New York Wrongful Death Attorneys
The tragic and saddening loss of a loved one is a difficult situation to deal with. Finding out that the loss could have been prevented or was the direct result of negligence on behalf of a third party only adds insult to injury. The overwhelming feelings of pain and loss are intensified by anger and a thirst for justice for your loved one. This results in tragedy, pain, and confusion for the entire family and there is no room for complicated legal issues. If you have lost a loved one due to the reckless endangerment or negligence of someone else, you need aggressive representation that will handle your legal issues so that you and your family can heal in the aftermath of the tragedy. You need an experienced wrongful death attorney looking out for your best interests. The Law Offices of Michael S. Lamonsoff, PLLC, can help your family move through this process in search of truth and restitution. The professional and experienced attorneys here understand that this is a delicate and complicated time for your family so they will offer personal attention and bold, assertive representation to protect your interests.
Navigating the Legal System
Navigating the legal system can be intimidating, to say the least. It is overly complicated by complex documents and time constraints that can seem foreign to the untrained eye. A family who has just suffered the tragic of a loss of a loved one needs time to heal and that is the only thing they should concentrate on. The skilled representation of highly trained attorneys is essential to the well-being of these families. The Law Offices of Michael S. Lamosoff, PLLC, will fight passionately for the rights of those who have lost a loved one due to the negligence or reckless conduct of another party. We have a proven track record of success and the proficient knowledge to help you seek justice for your loss.
What are the basic elements of a wrongful death case?
There are a few basic elements that must be present in order to substantiate a wrongful death claim. Every state has their own governing statutes regarding the necessary elements to prove a claim and how each case unfolds. Please keep in mind that each case is different and handled on an individual basis. In the state of New York, the representative must prove four basic elements to substantiate a claim for a wrongful death settlement. These elements include:
- Proving that the defendant acted negligently or recklessly
- That the decedent’s death was a direct result of that negligence
- That there is a surviving spouse, children, or beneficiary
- Those survivors have suffered financial damages as a result of their loss
There are a number of actions that may cause a wrongful death as defined by law. To be considered wrongful, the death must have been caused by the negligence or misconduct of a person, entity, or company. Many wrongful deaths result from
- Criminal activities or behaviors
- Medical malpractice that results in death
- Faulty products that cause death
- Automobile, semi-truck, and motorcycle accidents
- Negligent occupational hazards
Who can file a wrongful death claim?
Each state reserves their own individual statutes with regards to the recovery of financial compensation due to wrongful death. There are generally two types of systems used to determine the eligibility of filing. One system allows a beneficiary or statutory beneficiary to file suit while the other system allows for the representative of the decedent’s estate to file a suit. The most common parties to file a wrongful death suit and pursue financial compensation include surviving parents, spouses, children, and grandparents. Parents of unborn children who have passed also commonly file wrongful death claims. Those survivors who suffer financial hardship as a result of the loss of the decedent are also eligible to file a wrongful death suit.
What types of damages can be recovered in a wrongful death suit?
There are several types of damages that may be awarded in these cases. However, there are two very general categories of compensation in a wrongful death suit. The first category covers the loss or damages that are incurred from the time of mortal injury until the actual time of death. For instance, in the case of an automobile accident, this would allow coverage from the time of the actual accident until the time the victim passes, which may not be immediate. The other category of loss is meant to cover those economic losses incurred by the closest living relative. These losses may include wages that the victim would have earned to help cover household expenses on a regular basis. Some of the most common damages awarded include punitive damages, funeral expenses, loss of consortium, and loss of income. Each state has their own laws concerning the types and amounts of damages that can be awarded in wrongful death cases, so it is important that you retain competent legal representation that is well versed in the laws of your particular state.
How long do I have to file a wrongful death claim?
The state of New York imposes a very strict two-year time limit on wrongful death statute of limitations. There is no ‘toll’ or stop on this statute due to mitigating circumstances. If the personal representative of the decedent is a child or mentally challenged individual, then the legal guardian of that child or person is expected to file, or take the necessary legal action, within the specified time limit. If you have suffered the tragic loss of a loved one due to medical malpractice, willful negligence, or reckless conduct, you should contact The Law Offices of Michael S. Lamonsoff, PLLC, today. It is imperative that you seek legal counsel immediately before crucial evidence is lost. Our attorneys will work diligently to seek restitution and bring about justice while your family adjusts to the new dynamics of everyday life without your loved one.
Call a dedicated New York wrongful death attorney today
If you have lost a loved one due to medical malpractice, willful negligence, or reckless endangerment, contact the Law Office of Michael S. Lamonsoff, PLLC, today. Our highly skilled attorneys work closely with experts in the field to investigate diligently while preparing and presenting the strongest argument available so you can recover the full amount of financial compensation in your wrongful death settlement case. We will take the time to listen to you and pursue justice. You can call the toll free number at (877) 675-4529 to schedule an initial consultation with a tenacious wrongful death attorney that has the fortitude to handle your case aggressively. You can also fill out our easy consultation request form and we will get in touch with you shortly. At The Law Offices of Michael S. Lamonsoff, PLLC, we represent the rights of wrongful death victims and their families and will fight for your rights and get you the financial compensation that you are entitled to.