New York Wrongful Death Lawyer

No matter what the circumstances of someone’s passing are, you and your family deserve time to grieve. New York wrongful death lawyers can give you that space while also preserving your right to legal action.

Wrongful deaths can be the result of defective products, medical errors, vehicle accidents, or workplace accidents. If you lost a loved one due to the negligent actions of another person, consider connecting with a New York personal injury lawyer from Morelli Law Firm for guidance. We bring over 40 years of combined experience to your pursuit of support.

What to Expect From Our New York Wrongful Death Lawyers

It’s difficult to understate the emotional trauma that comes in the wake of a loved one’s fatal accident. Our team knows that you want to hold a responsible party liable for the suffering your loved one went through. Our wrongful death attorneys in New York make it easier for you to get the justice you deserve by:

• Helping you to lawfully express your pain and suffering in a wrongful death lawsuit
• Breaking down your right to hold insurance companies financially responsible for a deceased person’s losses
• Identifying who may be held liable for your loved one’s death, which may involve filing multiple claims or lawsuits
• Helping you to fight for compensation for emotional distress, medical bills, funeral costs, emotional trauma, and other damages you and your family suffered
• Aiming to secure precedent-setting verdicts, which ensure that others will not suffer as you did
• Tapping into our legal resources to retrieve evidence for your case

We know that many third parties could be involved in the wrongful death of your loved one. As such, we will conduct an extensive investigation to ensure that everyone liable is held accountable. The process of the inquiry is often complicated, but our legal team will address all essential aspects while you make funeral and burial preparations.

We Can Represent You in Trials and Negotiations

You’re under no obligation to go to trial in a wrongful death case. Depending on the circumstances surrounding your loss, you may be able to fight for compensation outside of the courtroom. We can stand with you through the negotiation process by calculating your financial support and interceding to prevent intimidation tactics.

However, we understand that you may not want to meet with the people responsible for your loved one’s fatal accident. If you want to avoid the emotional strain of a negotiation, our personal injury attorneys can bring your case before a judge. The structure of the legal process can also keep negotiations more peaceful.

Contacting a Loved One’s Personal Representative

New York requires all parties intent on recovering under the state’s wrongful death statutes to have the deceased person’s personal representative file a wrongful death lawsuit on their behalf. We can outline the necessity of a personal representative’s services during your free case evaluation.

We Can Negotiate Settlement Offers

Our New York wrongful death attorneys will also keep the door open for possible settlement negotiations. When the investigation produces evidence, many third parties often opt to settle out of court. However, we will never advise you to accept a settlement figure that is less than what you are entitled to receive.

If your case moves to out-of-court negotiations, you can count on us to provide a comprehensive estimate of your ideal financial support. We’ll keep this number in mind while representing you.

Our wrongful death attorneys in New York will fight to get you the support you need to adequately recover from the emotional and financial trials that came with your loss. You can learn more about how a personal injury settlement is calculated during one of our initial consultations.

Our Injury Lawyers Can Assess Your Damages to Value Your Case

In a personal injury case, the injured party is allowed to pursue financial compensation for the damages they suffered, which can involve both financial and non-financial losses. However, when that individual passes away as a result of their injuries, their surviving heirs or a representative of their estate may pursue damages on their behalf.

You may hold a negligent party accountable for the following losses to relieve your financial burden:

• Funeral expenses, including burial costs or cremation services
• Loss of income from your loved one if they contributed to the family income
• Loss of inheritance, if applicable
• Loss of services
• Medical debt inherited from your loved one
• Costs to fix property damage that occurred during the accident, such as to a vehicle or home
• Costs to replace property if it was destroyed in your loved one’s accident
• Pain and suffering experienced by both your loved one and the surviving family
• Loss of consortium
• Loss of companionship
• Emotional distress and mental anguish
• Reduced quality of life

Severe accidents may entitle you to punitive damages. You may not include a request for punitive damages in your initial claim. Instead, a judge can choose to award you these damages if your case goes to trial. Most judges only award these damages if evidence reveals that an at-fault party engaged in gross or reckless negligence at the time of your accident.

We Can File Your Wrongful Death Claim Before Its Deadline

Per EPTL §5-4.1, New York’s wrongful death law, you have two years to have a personal representative file a wrongful death lawsuit on behalf of your loved one. This window begins on the date of your loved one’s death, not the accident that injured them.

Our team of New York wrongful death lawyers can monitor this deadline for you and file accordingly, as failing to file your lawsuit on time can result in your case being dismissed. Should that happen, you would be deprived of pursuing compensation.

Wrongful Death Can Result from Various Negligence-Based Accidents

Unfortunately, if an accident can lead to injury, it can also lead to death. “Wrongful death” is a broad area of law that encompasses various scenarios that lead to death, ranging from car accidents to product malfunctions.

Below are some common types of cases with brief explanations about how one party’s negligence can lead to an individual’s death. If any of the following applies to your loved one, you may be entitled to file a wrongful death claim or lawsuit on their behalf.

Medical Malpractice

When you go to the hospital, you will find doctors and nurses who are certified and skilled professionals. However, errors are inevitable. Doctors who are overworked and tired can fail to follow the standard protocol of a procedure. They can even misdiagnose a patient. As a result, the situation can lead to medical malpractice, which can be fatal.

Examples of fatal medical malpractice include:

• Misdiagnosing or failing to diagnose a patient’s disease
• Making a fatal surgical error during a major operation
• Leaving objects inside the patient’s body, leading to infection or other complications
• Prescribing the wrong prescription medicines or dosage for medicines
• Failing to read a patient’s previous medical history before administering treatment

The statute of limitations on medical malpractice cases differs from that of your standard personal injury and wrongful death case. If a family member passes as a result of medical malpractice, you can discuss how the day of discovery – i.e., the point at which you discovered a loved one’s condition – impacts your civil claim’s deadline.

Vehicular Accidents

According to a study conducted between 2012 and 2014 on motor vehicle traffic crash statistics by the New York Department of Health, on average, 1,098 people die in vehicle accidents each year in New York. This situation can be the result of:

When drivers commit these offenses, and people lose their lives, survivors can hold negligent drivers liable for wrongful death. However, truck accidents may allow you to hold a corporation or similar entity responsible for your losses.

Similarly, if the accident happened due to poor road conditions, liability may fall on the government entity that has jurisdiction where the accident and death occurred. A wrongful death lawyer in New York from our firm can advise you on how to take action against a municipality if so.

Pedestrian Accidents

These accidents and fatalities occur as a result of someone’s distraction. Most of these cases are filed because the drivers failed to give the right of way, were speeding excessively, or were drunk at the time of the accident. Our attorneys can help you file a compensation claim if your loved one perished this way.

Defective Products

When consumers buy products, the last thing they think of is that using the product will cost them their lives. Nonetheless, some people suffer injuries and die when they use certain products. Defective products may include:

• Consumables
• Camping or sporting gear
• Medical devices
• Vehicles or vehicle parts
• Cellphones
• Children’s toys or baby products
• Prescription drugs

Whether poorly designed, improperly manufactured, or below safe standards, defective products have been known to cause harm and kill the user. Whether your injuries result from abrupt harm or long-term medical complications, our team can help you explore your routes to recovery.

We Can Establish Liability in a Wrongful Death Case

You can bring a wrongful death case to civil court after any incident. However, the complexities of these cases can make it difficult to pin down liability. While you can look to precedent and evidence to determine who to hold responsible for your losses, a New York wrongful death attorney can also guide you along the way.

You must have enough evidence of fault on hand to meet or exceed New York’s burden of proof if you want to hold a particular party accountable for your loved one’s death. The evidence you can use to prove a violated duty of care may include the following:

• Video footage of a loved one’s accident
• Photos from before and after a loved one’s accident
• Statements from police officers and morticians
• Medical reports from emergency responders and long-term care professionals
• Physical debris from the scene
• Electronic evidence of fault
• Black box data, if applicable

In wrongful death cases, liable parties can range from government representatives to independent drivers to international manufacturers. As you strive to recover, our team will determine to whom you should address your complaint and what compensation you may deserve.

A New York Wrongful Death Lawyer Can Help You Find Closure

Tragic accidents can happen at any time, and when it does, the services of an experienced wrongful death lawyer in New York could be helpful. Our team at Morelli Law Firm will guide you through all stages of the lawsuit to help you hold a negligent party accountable for your losses.

For more information about New York’s wrongful death suits, schedule a case evaluation with our team. You can reach an office representative by phone or through our online form.