You may be able to collect compensation on behalf of your loved one if their death occurred because of someone else’s negligence. The liable party may be a person, company, or government entity. For example, if your loved one died in a preventable accident in Hempstead, N.Y., our team can help you fight for financial recovery.
You may be eligible for compensation to cover your family’s expenses and losses. A representative can evaluate your case for free and explain the options available to you based on the circumstances of your loved one’s death.
Our Lawyers May be Able to Help You Prove Your Loved One’s Wrongful Death
Losing a loved one unexpectedly in a preventable accident is traumatizing. It is understandable if you do not feel emotionally or mentally up to the task of filing a wrongful death action on your own. Morelli Law Firm is here to help. We can take on your case and seek compensation on your behalf.
The types of incidents that may support a wrongful death action are varied. Almost any situation where one person’s careless actions can harm another may support a lawsuit. This could include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian and bicyclist accidents
- Slips and falls
- Trips and falls
- Swimming pool injuries and drownings
- Dog bites
- Other premises liability injuries
- Medical malpractice
- Defective products
- Dangerous drugs or devices
- Birth injuries
Wrongful death cases require proving negligence. Like in personal injury cases, the claimant must prove that the other party’s negligence caused the accident and injuries. Under EPTL § 5-4.4, the necessary elements in a wrongful death claim include showing:
- A death occurred
- The defendant caused the death because of their negligent or wrongful behavior
- The decedent’s surviving family members, such as a spouse or child, suffered damages as a result of the death
- These damages include financial harm
We will Manage Your Wrongful Death Case from Beginning to End
Our team represents an accident victim’s family in their wrongful death case. We handle all aspects of these claims or lawsuits and ensure the decedent’s personal representative and other family members do not have to worry about their legal case. You can spend time with your family while we seek the compensation you need and deserve based on the case’s facts.
We handle wrongful death cases based on contingency. We never ask families to pay a retainer or other upfront fees. Instead, we get paid out of the settlement or award we recover for them. We can discuss how these contingency fee plans work before you sign a contract with us.
You can have a free consultation with our team serving Hempstead today. We can explain the process of filing a wrongful death lawsuit and begin the process of holding the at-fault parties accountable.
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The Decedent’s Personal Representative Must File the Action in New York State
New York State law limits who can file a wrongful death action. In many states, family members of the decedent can file a wrongful death lawsuit to recover compensation. However, New York allows only the decedent’s personal representative to take legal action in a wrongful death case.
This does not mean the victim’s immediate family members do not recover compensation. However, the decedent’s personal representative—who is responsible for their estate—must go through the appropriate motions to seek, recover, and redistribute wrongful death compensation.
State Law Identifies Who Can Pursue a Wrongful Death Action
In many cases, the personal representative is an immediate family member. This may be true no matter if the decedent named the representative in their estate plan or if the court assigned them. For example, a spouse or adult child may serve as the executor of a will.
Regardless of the identity of the personal representative, in general, the following may be able to collect compensation from a wrongful death case:
- The decedent’s spouse
- The decedent’s children
- The decedent’s parents
- Other legal heirs and beneficiaries of the decedent as included in their will or estate plan
Our team can review your case and determine who can legally serve as a claimant. How we move forward with your case will depend on the relevant estate plan, the unique facts of your case, and the circumstances surrounding your loved one’s death.
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The Family Generally Benefits from a Hempstead Wrongful Death Action
Whether you pursue compensation through a wrongful death settlement or a lawsuit, you may be able to recover expenses. This compensation could cover your loved one’s funeral arrangements, any medical costs they incurred, and potential loss of income if they contributed to the family’s net worth. These are the family’s economic losses incurred because of the wrongful death.
You may also be able to recover additional damages, including intangible losses and the expenses incurred by your loved one before their death. This could include:
- Pain and suffering
- Loss of consortium
- Your mental anguish, including grief
- Post-traumatic stress disorder (PTSD)
- Property damages, if needed
To learn more about the potential recovery based on your case, a member of our wrongful death team may be able to go over this topic with you. If we work together, we will investigate your claim and calculate how much compensation your family could receive based on your losses.
We will put a fair settlement range on your case and demand a payout that is appropriate based on it. We will negotiate with the insurer for a fair and just recovery. If they do not negotiate, we will sue and seek a verdict and award at trial.
Wrongful Death Cases Have Short Deadlines in New York State
According to EPTL § 5-4.1, the decedent’s personal representative generally has only two years to file a wrongful death lawsuit. However, the statutory deadline for wrongful death cases can vary depending on other circumstances.
For example, imagine your loved one died in an accident that a city employee caused. When you take action against a municipality, GMUL § 50-3 dictates that you must send a notice of your intention to file a claim within 90 days.
This requirement to notify the government entity about your wrongful death action means you have significantly less time to act in these cases. Our team can determine the time frame for the case based on your loved one’s death. You should reach out to us as soon as possible so that we can ensure you meet all applicable deadlines.
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Contact Morelli Law Firm to Help You Fight for Compensation
If you lost a family member in a preventable accident caused by another person’s carelessness, you do not have to fight this battle on your own. Let our team represent you, your family, and your late loved one. We can manage your case while you focus on what’s most important in your life.
Call Morelli Law Firm at (212) 751-9800 for a free consultation with a member of our team.