If you have lost a loved one due to the negligent or reckless actions of another, you may be able to bring a wrongful death lawsuit against the responsible party. Although compensation can never bring back your loved one, it can provide the space and breathing room you need to heal.
When an individual unfortunately dies because of another’s negligence or misconduct, surviving family members may be able to obtain compensation for losses suffered.
The legal team at Kenneth Marder PLLC has been helping family members obtain compensation in wrongful death lawsuits for decades. Our compassionate, knowledgeable attorneys understand the highly-sensitive nature of these cases, and we will work tirelessly to shoulder this burden and make the process as quick and painless as possible. Contact us today at (212) 390-9529 for a free and confidential consultation about your case.
Types of Wrongful Death Cases
Wrongful death lawsuits can arise from any negligent or intentionally-harmful action that results in someone’s death, but they often come in the wake of:
- Motor vehicle accidents—when a fatal accident is caused due to drunk or reckless driving, or the use of extreme speeds.
- Medical malpractice—when family members believe that physicians or other medical staff deviated from the standard of care, and that their loved one died as a result.
- Exposure to dangerous conditions on the job—when the employer or third-party contractor was negligent, or the family believes foul play was involved.
Although surviving family members who are suffering as a result of their loved one’s death can obtain compensation in a wrongful death lawsuit, a personal representative must be appointed to bring the lawsuit. An experienced wrongful death attorney can help you determine how to proceed if you have lost a family member due to another’s negligent, reckless, or intentional actions.
Who Can Bring a Claim for Wrongful Death?
In New York, a family member is not permitted to bring a claim for wrongful death unless he/she is designated as the personal representative (executor or administrator) of the decedent’s estate. However, this individual acts as a point person and can seek damages on behalf of the decedent’s heirs and beneficiaries.
Generally speaking, designated beneficiaries in a wrongful death claim are limited to immediate family members, including spouses, children, and parents. However, anyone who can claim financial loss as a result of the decedent’s passing can file a claim. This includes distant family members, domestic partners, and other financial dependents.
Possible Damages in a Wrongful Death Case
As a civil matter, wrongful death lawsuits can only result in financial damages, not criminal penalties. When the person who died contributed financially to the running of a household, college savings plans and retirement plans, for example, any damages awarded will be calculated based on these losses. Certain losses are more difficult to calculate, however, such as the loss of parental nurturing. This is one of the many reasons it is so important to work with an experienced NY wrongful death lawyer. Common damages include:
- Loss of support
- Loss of inheritance
- Pre-death medical expenses
- Pain and suffering of decedent before death
- Costs incurred for funeral expenses
- Loss of parental nurturing
- Nine percent interest on damages, which begins to accrue on the date of death
Why You Need a Lawyer for Wrongful Death in New York
Wrongful death lawsuits are a particularly complex area of law. Without the help of an attorney experienced in wrongful death, it can be extremely difficult to obtain the full compensation to which you are entitled.
At Kenneth Marder PLLC, our entire legal team believes that clear and open lines of communication are integral to achieving a positive outcome. This is why we make ourselves so accessible, and work diligently to understand your unique needs and goals. We will be straightforward with you from our first meeting, ensuring that you have a full understanding of your rights and options, as well as what to expect from the process.
We know that you have been through a lot already; it is our goal to protect you from the most difficult and emotional aspects of your case. We are in this together.
Contact Marder, Nass & Wiener, PLLC Today
If you have lost a loved one due to the negligent, reckless, or intentionally-harmful actions of another, the legal team at Kenneth Marder PLLC can help. We have successfully fought for the rights of countless surviving family members in wrongful death lawsuits, and we have an impressive record of obtaining compensation for our clients.
Keep in mind that New York has a strict statute of limitations during which you must file a wrongful death claim. The clock starts ticking on the date of death, and the window for filing a claim closes exactly two years from that date. Contact us today at (212) 390-9529 for a free and confidential consultation about your case.