New York Wrongful Death Lawyers
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, 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 about your case in a free evaluation. We can be reached online or at (646) 692-0204 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.
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.
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:
- Medical expenses incurred by the deceased person before his or her death
- Pain and suffering caused to the deceased person before death
- Funeral and burial costs
- 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
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
- Criminal attacks
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 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, we may determine that another party is liable after we investigate.
Liable parties may include:
- Trucking companies
- Cargo loading companies
- Vehicle and their part manufacturers
- Manufacturers of other defective consumer products
- Dangerous drug and medical device manufacturers
- Construction crews
- Nursing home owners or administrators
- Property owners and managers
- Local or state governments
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, 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. In medical malpractice cases, the deadline is extended to two and a half years. In fatal criminal attacks, you have one year from the date the criminal case has been concluded in the courts.
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.
Call us today at (646) 692-0204 for a free case evaluation. We want to use our experience to fight for the compensation you deserve.
Our team will use our decades of experience to build a compelling case that the death of your loved one was the result of another party’s actions or inactions. If you retain our services, we will immediately get to work on your behalf.
Our actions may include:
- Obtaining all police, accident, or incident reports
- Interviewing witnesses
- Conducting a site visit, taking photographs, and securing video footage, if available
- Consulting with accident reconstruction experts
- Collecting all EMS, hospital, and medical records
- Retaining a medical expert to prove the full nature of the physical injuries
- Hiring an economist to calculate all economic losses
- Preparing your case for trial before a jury if necessary
Brain Damage $50 Million
Christian, a four-year-old boy, was brought to the hospital for a routine eyelid repair. To cut costs, the hospital contracted out its anesthesia services to a third-party corporation.
Serious Injuries $31 Million
A 35-year-old New York City Police officer was a passenger in a police car going to an emergency call. After a collision, Ms. A. was rendered unconscious and was admitted to Jacobi Hospital with head and limb injuries.
Work Injury $21.5 Million
This accident occurred in the Bronx when Rafael C. was working on a sanitation truck. The driver lost control while making a turn. Rafael was ejected and the truck ran over his leg.
Serious Injuries $10.3 Million
A 22-year-old theater intern was walking across the intersection of 42nd Street and Ninth Avenue in Manhattan when she was struck by the rear door of a passing truck which had flown open because it had been improperly secured by the driver.
Burn Injuries $8 Million
Dansker & Aspromonte represented 60 tenants in the infamous Schomburg Plaza fire. A fire started in a jammed compactor chute on the 20th floor of the high-rise apartment building.
Head Injury $7.8 Million
This female accountant was walking after work in Battery Park on the pedestrian promenade when she was suddenly struck by a speeding police motor scooter.
Serious Injuries $6.6 Million
This case involved a 6-year-old girl who was in a minivan that was struck by an ambulance in a multi-car collision on the Northern State Parkway in Long Island, New York.
Serious Injuries $6.25 Million
A 26-year-old bicycle deliveryman was struck by a speeding Dollar Rent-A-Car van on a busy intersection, causing multiple fractures in his neck, back, arm and leg, as well as mild brain damage.
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Handle Your Case With Confidence Work With Dansker & Aspromonte Today
Contact Dansker & Aspromonte Associates for help today. We serve clients throughout the New York City Metropolitan area, including Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and Nassau and Suffolk Counties.