Long Island Wrongful Death Lawyer

If your family member has suddenly and prematurely passed away due to the negligence of another, you may have a viable wrongful death case. The Long Island wrongful death lawyers at Duffy & Duffy will provide clear answers to your questions and guide you through the personal injury litigation process to make sure that the surviving family members are properly compensated for their loss.

What Is A Wrongful Death Claim?

A wrongful death claim occurs when a person dies as a result of an incident stemming from another party’s negligent, reckless, or intentional conduct. This type of lawsuit can offer a sense of justice for you and your family members along with the necessary financial relief. Wrongful death claims in the State of New York are governed by a statute known as New York Estates, Powers, and Trusts Law (EPTL). The purpose of the statute is to ensure that certain individuals are able to recover damages on behalf of their deceased loved one’s estate and beneficiaries.

What Are The Common Causes of Wrongful Death?

Wrongful death can be the result of an incident that is otherwise preventable. Unfortunately, there are different types of incidents where death is possible. These are some of the common causes:

• Motor vehicle accidents: Fatal crashes involving different vehicles or even pedestrians can occur on numerous Long Island Roadways.
• Medical malpractice: This can be a doctor’s error, a mistake from a surgical procedure, or a misdiagnosis that results in fatal outcomes.
• Workplace accidents: These can occur at factories, construction sites, and industrial settings among others. It can be due to dangerous conditions that have been improperly managed or unaddressed completely.
• Defective products: Products that are dangerous or poorly designed can cause harm that may result in fatal injuries.
• Nursing home neglect: Improper medication management, elder abuse, or lack of supervision in a senior living setting can lead to premature death.
• Criminal acts: This may be intentional violence or criminal negligence. Sometimes, such acts may be linked to other incidents. For example, a motor vehicle accident resulting in death may have been linked to a driver operating under the influence of alcohol. DWI penalties can still apply to the negligent party on top of any civil legal claims against them.

Regardless of how the incident was caused, an experienced Long Island wrongful death attorney can investigate the case to determine liability. Afterwards, they can continue to pursue legal action against them to ensure that your wrongful death claim is fair and just.

Who Can File A Wrongful Death Claim in New York?

New York can allow the executor or personal representative of the deceased’s estate to file a wrongful death claim if and when possible. This may not be the case in other states. The person in question must be named in the will of the deceased (if one is procured) or appointed by the court. However, the compensation will be intended for the estate’s beneficiaries, which include the surviving spouse, children, or parents of the deceased individual.

The Case Against the Negligent Party Must Be Started Within Two Years of the Person’s Death

Wrongful death cases have shorter statute of limitation than medical malpractice or personal injury cases. The rationale is that since the victim is deceased and no further medical treatment will be required the case needs to proceed quicker, in order to compensate the family members suffering financially and emotionally due to the unexpected loss. In many instances these cases involve construction accidents, where workers die as the result of scaffolding falls and leave behind family members struggling to maintain the prior lifestyle. Our experienced wrongful death attorneys in Long Island will make sure that the case is commenced within the allowed timeframe to preserve all the legal rights the family is entitled to.

Before the Action Is Commenced, Executor or Administrator Must Be Appointed by the Surrogate’s Court

Since the decedent cannot bring an action, someone must be appointed to represent the surviving members of the family. If the decedent left a will, it must be probated and the executor will be appointed to act as a representative and/or plaintiff in the wrongful death lawsuit. On the other hand, if the person died without a will, or intestate, the court will appoint an administrator to proceed. Keep in mind that either of the representatives will need to get appointed before the applicable statute of limitations runs out.

What Compensation Can Be Recovered In A Wrongful Death Claim?

Wrongful death lawsuits may lead to several types of compensation to be recovered by surviving loved ones. This may depend on certain circumstances. These include but are not limited to the following applicable economic and non-economic damages:

Economic damages:

• Funeral and burial expenses
• Loss of financial support the deceased may have provided
• Medical bills related to the final injury or illness
• Loss of household services such as maintenance, childcare, etc.
• Lost inheritance
• Loss of parental guidance and nurturing for the surviving children

Non-Economic damages:

• Conscious pain and suffering that the deceased endured prior to death

Remember that family members cannot be able to recover damages solely due to emotional grief in accordance with current New York law. However, a skilled wrongful death lawyer in Long Island can make sure that you and other surviving family members get the necessary compensation due to the relevant damages listed above.

Recovery for Wrongful Death Cases Is Based on Pecuniary Loss

Pecuniary loss is defined as monetary loss and can be quantified. For example, if the breadwinner of the family passes away, leaving behind a wife and three young children, the damages will be based on a financial loss to the surviving family members, which can be calculated. The income the father was earning at the time of his death, coupled with his life expectancy will be used to calculate pecuniary loss. Duffy & Duffy employs experts who will help the family calculate the economic damages.

How Is Liability Proven in Wrongful Death Claims?

A wrongful death claim must have proof of liability in place before it is moved forward through the next stages. This is where an experienced Long Island attorney familiar with wrongful cases can be able to assist you. During their thorough investigation, they can be able to closely focus on the following:

• Duty of Care: Did the defendant owe a legal duty of care to the deceased?
• Breach of Duty: If there was duty of care on the part of the defendant, did they fail to meet it via negligence or wrongdoing?
• Causation: Did the breach of duty directly cause the death of the deceased?
• Damages: Did the death result in quantifiable losses to the survivors and the estate?

Liability may be tricky to determine depending on the factors that may have played a role in the incident that caused death, since each is different. A fatal car accident involving a drunk driver will be a bit more straightforward in determining liability compared to a building collapse that may have happened during construction, resulting in multiple fatalities. However, an attorney can be able to thoroughly investigate the incident to determine fault.

The Settlement May Need To Get Approved by the Court

If the decedent left a will, which gets probated by the Court, the items to be distributed out of the estate are spelled out in the will. However, if the person dies without a will the Court has prescribed rules for who receives the proceeds of the settlement or jury award in wrongful death matters. Furthermore, the Court will often insist on reviewing the settlement offer by requesting what is called a Death Compromise Petition, and allow the payment of the damages only after carefully scrutinizing the amount and the circumstances resulting in the settlement.

There Might Be Tax Consequences if Decedent Owed Back Taxes

If the person died without a will and the Court requests a Death Compromise Petition, one of the documents which will need to be attached is a Waiver and Consent from the Department of Taxation, allowing the settlement to proceed. In case of back taxes owed by the wrongful death victim, the outstanding amount will have to be paid back to the State out of the settlement proceeds.

Contact Duffy & Duffy For A Consultation With a Long Island Wrongfule Death Attorney Today

A wrongful death claim can be a painful process to go through. However, an experienced attorney can be able to assist you to ensure you get the necessary compensation. The tireless advocates at Duffy & Duffy may be ready to take on your case. It begins with a consultation that you can schedule with us. Never tackle a wrongful death claim on your own. Let our attorneys help you determine if you have a case so we can fight on your behalf.

Reach out to a Long Island Wrongful Death Lawyer at Duff & Duffy to discuss filing a claim. Losing a loved one is devastating, and your family deserves compensation.

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