The tragic loss of a loved one is extremely difficult to endure. When the loss could have been prevented or was the direct result of a third party’s negligence, it adds insult to injury. As personal injury lawyers, we understand that overwhelming pain and loss can be intensified by the need for justice for a deceased loved one.
If you have lost a loved one through the reckless endangerment or negligence of someone else, you need aggressive representation to handle your legal issues, so you and your family can heal in the aftermath of the tragedy. You need an experienced personal injury lawyer 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. Our experienced wrongful death attorneys understand that this is a delicate and complicated time for your family. We can offer personal attention and bold, assertive representation to protect your interests. Our firm has received the exclusive Platinum Client Champion Award from Martindale-Hubbell® for our commitment to client service.
What are the basic elements of a wrongful death claim?
Certain basic elements that must be present to substantiate a wrongful death claim. In the state of New York, you must show that the four following elements exist in your case:
- The defendant acted negligently or recklessly
- The decedent’s death was a direct result of that negligence
- There is a surviving spouse, children, or beneficiary
- Those survivors have suffered financial damages as a result of their loss
Navigating the legal system
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 that has just suffered the tragic of a loss of a loved one needs time to heal, which is the only thing they should concentrate on. Skilled representation by experienced attorneys may be essential to their well-being at this time.
Our wrongful death attorneys at the Law Offices of Michael S. Lamonsoff PLLC will fight passionately for your rights if you have lost a loved one through the negligence or reckless conduct of another. We have history of success and the proficient knowledge to help you seek justice for your loss. Our lawyers have recovered more than $500 million for our clients and been awarded membership in the Million Dollar and Multi-Million Dollar Advocates Forums.
“Michael and his staff are ultimately outstanding. They worked with me and for me to achieve my compensation for the death of my son, even when it seemed to be a pain, they overlooked me calling too much and came through with everything.
“I would recommend this law firm highly and if I ever needed a lawyer again yes, I would come to Michael S. Lamonsoff law firm.”
Ask our clients about our results in wrongful death cases.Learn More
What are the causes of wrongful death?
Several actions can cause wrongful death, as defined by law. To be considered wrongful, death must have been caused by the negligence or misconduct of a person, entity, or company. Wrongful death can result from:
- Criminal activities or behavior
- Medical malpractice
- Defective products
- Automobile accidents
- Truck accidents
- Motorcycle accidents
- Negligent occupational hazards
Who can file a wrongful death claim in New York?
Each state has its own statutes regarding recovery of financial compensation due to wrongful death. In New York, only the personal representative of the estate of the deceased may bring a wrongful death claim. Under state law, a surviving family member is not allowed to bring a wrongful death claim to court unless he or she has been appointed as personal representative of the deceased loved one’s estate.
What types of damages can I recover in a wrongful death lawsuit?
Several types of damages may be awarded for wrongful death. Some of the most common include funeral expenses, loss of consortium, loss of income, and punitive damages (designed to punish the defendant and deter similar conduct in the future). Wrongful death damages fall into two general categories of compensation:
The first category covers damages incurred from the time of mortal injury until the actual time of death. For example, it may include medical expenses for the last injury or illness of the deceased.
The second category of damages includes economic losses incurred by the closest surviving family members of the deceased. For example, it may include wages the victim would have earned to help cover household expenses on a regular basis.
How much time do I have to file a wrongful death claim?
New York law imposes a strict two-year time limit for wrongful death claims. There is no "toll" or stop on this statute of limitations due to mitigating circumstances. If you have suffered the tragic loss of a loved one due to medical malpractice, willful negligence, or reckless conduct, 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.
Speak with a dedicated New York wrongful death law firm today
If you have lost a loved one through medical malpractice, willful negligence, or reckless endangerment, contact the Law Offices of Michael S. Lamonsoff PLLC today.
We will take the time to listen to you and to pursue justice.
Prior results do not guarantee a similar outcome. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.