Wrongful Death
$21.5 Million - Rafael C
Dansker & Aspromonte Associates LLP Are Experienced & Successful New York Serious Injury Lawyers with Results Exceeding $750 Million
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New York Wrongful Death Lawyers: Seeking Justice
Losing a loved one unexpectedly is one of life’s most devastating experiences. Grieving families are suddenly faced with the loss of someone they held dear who provided love, companionship, affection, guidance, instruction, and often vital financial income or household services. When such a loss is caused by the negligence, carelessness, recklessness, or deliberate action of another, the emotional trauma for families is often intensified by the knowledge that the death should never have happened and could have been prevented.
Even though financial compensation will never “compensate” for the loss of someone you love, a wrongful death claim can be brought in such situations on behalf of family members. These claims may help ease your pain, bring a sense of closure and justice, and provide you with the financial resources to move forward. At Dansker & Aspromonte Associates LLP, our team of New York wrongful death attorneys is here to help you recover the losses suffered in wrongful death.
We fight for the compensation you need and deserve. One example of our success involved a $21.5 million structured settlement in a wrongful death case in New York City regarding the death of a sanitation worker (Rafael C v. the City of New York and St. Barnabas Hospital). No wrongful death case is like any other. However, the outcome of your case depends upon a variety of unique factors. We will help you understand the value of your case and seek every dollar available to you.
Talk to a New York wrongful death attorney at Dansker & Aspromonte Associates LLP about your case in a free evaluation. We can be reached online or at (212) 732-2929 for appointments.
What Is a Wrongful Death in New York?
Wrongful death is defined under New York Estate Powers & Trust § 5-4.1 (2021) which states that it is a death caused by a wrongful act, neglect, or attack. In such a matter, had the deceased party survived, he or she would have had the right to file a personal injury claim against the at-fault party. Because the injuries were fatal, that is no longer possible. However, others can file a claim on behalf of the deceased party.
Who Can File a Wrongful Death Lawsuit?
In New York, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. Family members are not allowed to do so unless they have been designated as personal representatives. In these cases, the personal representative seeks damages on behalf of the estate and family survivors to compensate for the death.
Here are the beneficiaries of a wrongful death lawsuit in New York:
- Spouse: The surviving spouse of the deceased is usually the primary beneficiary in a wrongful death lawsuit in New York. If there is no surviving spouse, the next beneficiaries in line are typically the deceased person’s children.
- Children: If the deceased person had children, they are often considered beneficiaries in a wrongful death lawsuit. If the deceased had multiple children, the compensation may be divided equally among them.
- Parents: If the deceased person had no spouse or children, their parents may be entitled to recover damages in a wrongful death lawsuit in New York.
- Other dependents: In some cases, other individuals who were financially dependent on the deceased person may be considered beneficiaries and entitled to compensation. This could include stepchildren, adopted children, or other relatives who relied on the deceased for financial support.
Damages in a Wrongful Death Claim
Damages that can be recovered in a wrongful death claim will depend on the circumstances of the case.
Typical damages in these cases have included:
- Pain and suffering caused to the deceased person before death
- Medical expenses incurred by the deceased person before his or her death
- Lost earnings that the deceased would have provided the family
- The value of the lost services or support the deceased would have provided
- The value of lost care, nurture, and guidance the deceased would have provided his or her children
- Lost inheritance
- Funeral and burial costs
Causes of Wrongful Death
Wrongful deaths can occur in many ways. However, they are all based on the fact that another party was negligent or engaged in a wrongful act that caused the death.
Examples of causes of wrongful death can include:
- Car, truck, motorcycle, bicycle, bus, and pedestrian accidents
- Dangerous premises
- Unsafe construction sites
- Nursing home abuse and neglect
- Medical malpractice
- Workplace accidents
Liability in Wrongful Death Cases
One important aspect of proving a wrongful death case is determining who was responsible for your loved one’s accident—and gathering convincing evidence to show that this party is liable. This task is something that we can handle for you, as it can be challenging to examine all the details of your loved one’s accident on your own.
Keep in mind that the person who caused the accident may not be the only person responsible for compensating you. This is yet another aspect of proving liability that can be complicated. For instance, if your loved one passed away in a car crash, you may think that the driver is responsible for your case; however, after we investigate, we may determine that another party is also liable..
Liable parties may include:
- Owners and operators of motor vehicles
- Property owners and managers
- Local or state governmentsConstruction companies
- Trucking companies
- Cargo loading companies
- Vehicle and their part manufacturers
- Manufacturers of other defective consumer products
- Dangerous drug and medical device manufacturers
- Nursing home owners or administrators
- Hospitals
Through an intensive investigation, we can determine that all appropriate parties are held responsible in your case.
When the Other Party Shifts Blame
Ideally, insurance companies pay wrongful death claims based on the evidence in your case. However, more often than not, people run into complications when attempting to collect a fair settlement. For instance, the liable party may argue that they were not responsible in an attempt to avoid paying for your family’s losses.
You don’t have to deal with these accusations on your own. This is when a proven and trusted legal team can truly help through comprehensive case preparation. If an insurance company tries to challenge or deny your claim, we can prove the other party’s liability based on the compelling evidence that we have gathered. At Dansker & Aspromonte Associates LLP, we prepare every case for trial which means we are ready for any eventuality, from legal challenges from the other side to lowball settlement offers and jury trials.
Statute Of Limitations in Wrongful Death
Your time to bring a claim on behalf of your deceased family member is subject to a statute of limitations. This means you have a certain window of time to file your claim. In general, you have a two-year deadline from the date of your loved one’s death.
If you fail to bring your claim before the deadline, you may be forever prevented from receiving the financial compensation your family deserves. We recommend that you seek our help as soon as possible in any wrongful death matter.
How We Can Help
At Dansker & Aspromonte Associates LLP, we play a significant role in helping our clients navigate the complexities of the legal system and obtain the compensation they deserve for their loss. Here’s how we can assist with a wrongful death lawsuit:
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Unfortunately, based on your query, we are unable to assist you at this time. Our firm specializes in serious accidents and negligence cases, such as car accidents, slips and falls, construction accidents, and other accidents that require hospitalization or ongoing treatment.
How We Can Help
- Legal Expertise: We have a deep understanding of New York’s wrongful death laws and procedures. We use our legal expertise to guide our clients through every step of the legal process, ensuring that their rights are protected and that they receive the maximum compensation available under the law.
- Investigation: We conduct thorough investigations into the circumstances surrounding the death of our client’s loved one. This may involve gathering evidence, interviewing witnesses, consulting with experts, and reviewing relevant documentation to build a strong case on our client’s behalf.
- Identifying Liable Parties: We determine who may be legally responsible for our client’s loved one’s death. This could include individuals, businesses, or other entities whose negligence or wrongful actions contributed to the fatal accident or incident.
- Calculating Damages: We work with financial experts to assess the full extent of our client’s losses, including economic damages such as medical expenses, funeral costs, lost income, and non-economic damages such as pain and suffering, loss of companionship, and emotional distress.
- Negotiation: We negotiate with insurance companies and opposing parties to seek a fair settlement that adequately compensates our clients for their losses. Our goal is to achieve a resolution that provides financial security and closure for our clients without the need for a lengthy and stressful trial.
- Litigation: If a fair settlement cannot be reached through negotiation, we are prepared to take the case to court and advocate vigorously for our client’s rights in front of a judge and jury. We have extensive experience litigating wrongful death cases and are committed to pursuing justice on behalf of our clients.
Throughout the entire process, we provide compassionate support and personalized attention to our clients, guiding them through this difficult time with empathy and understanding. Our team is dedicated to helping our clients obtain justice and compensation for the wrongful death of their loved ones.
Our personal injury team has extensive experience handling claims for car accidents, construction accidents, wrongful death, serious injuries, and more.
Call us today at (212) 732-2929 for a free case evaluation. We want to use our experience to fight for the compensation you deserve.
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