NYC Personal Injury Lawyer » NYC Wrongful Death Lawyer

NYC Wrongful Death Lawyer

Did you lose a loved one due to someone else’s careless or wrongful acts in NYC, NY? Law Offices of Jay S. Knispel Personal Injury Lawyers can help you fight to hold that party accountable. An experienced NYC wrongful death lawyer can help you fight for compensation for medical expenses, lost financial support, and more.

We have over 25 years of experience in personal injury law. Over the years, we’ve used that experience to win tens of millions of dollars in settlements and verdicts on behalf of families like yours.

You don’t have to handle the legal battle alone. Call our law offices in NYC, New York, today at (212) 564-2800 to schedule a 100% free consultation with an NYC wrongful death attorney.

How Can Law Offices of Jay S. Knispel Personal Injury Lawyers Help Your Family With a Wrongful Death Claim in NYC?

Your life has changed in an unimaginable way. After losing a loved one, it can be difficult to put one foot in front of the other. It can also be infuriating to know that someone else was responsible for their preventable death.

Our team at Law Offices of Jay S. Knispel Personal Injury Lawyers is here to help. Our founding attorney has won some of the largest settlements and verdicts in NYC, NY. For our quality legal services, we’ve earned an AV Preeminent rating from Martindale-Hubbell and membership in the Multi-Million Dollar Advocates Forum.

Our NYC personal injury attorneys know how to handle every aspect of your case by:

• Launching our own investigation
• Locating any evidence that can prove causation and establish liability
• Identifying anyone who can be financially responsible for your losses
• Documenting your damages
• Assessing your case value
• Hiring leading experts to testify on your behalf
• Negotiating fiercely with the insurers for a full and fair settlement
• Taking your case to trial if necessary to get the money you deserve

Our NYC personal injury lawyers are always available to discuss your case. Contact us today to arrange a time to talk about how our NYC wrongful death attorneys can protect your legal rights.

Understanding New York’s Wrongful Death Laws

In New York, a wrongful death is a death caused by the “wrongful act, neglect, or default” of another person. You may have a wrongful death case if your loved one died because of someone else’s intentional wrongdoing, negligence, or reckless behavior.

Wrongful death cases are similar to personal injury claims. The victim could have filed a personal injury claim had they survived. Instead, survivors can take legal action to hold the responsible party accountable.

While it’s possible that the defendant could face criminal charges, wrongful death cases are always civil matters. The remedy is financial compensation. In fact, most wrongful death cases involve accidents, not criminal acts. Even if the defendant is facing criminal charges, they can still be held liable for intentional torts in civil court.

Who Can File a Wrongful Death Lawsuit in NYC?

The victim’s personal representative is technically responsible for filing the wrongful death lawsuit.

Any damages recovered are distributed among the decedent’s natural beneficiaries, including:

• A surviving spouse
• Children
• Parents

If none of these family members exist, damages are distributed among the beneficiaries listed in the decedent’s will or, if there was no will, as provided under New York intestate law.

What Is My NYC Wrongful Death Case Worth?

You’ve already suffered a terrible loss. However, damages aren’t automatic, even if you can prove someone else was to blame. You’ll also have to establish the value of your wrongful death claim.

That value depends on many different factors, including:

• The decedent’s age and life expectancy prior to the fatal injury
• The circumstances of the death and nature of the at-fault party’s acts
• The dependent’s future earning potential, considering work history, education, age, and other relevant factors
• The ages and identities of surviving dependents
• How the decedent contributed to the household prior to death
• The value of financial losses experienced due to the death

Putting a dollar value on the loss of a life is always difficult. Case valuation is even more complex in wrongful death cases because, by definition, the victim will never recover.

Often, our lawyers will bring in experts who can testify about the value of your losses. We have relationships with leading experts and specialists across NYC. You can count on us to use the full weight of our resources to fight for every dollar your family deserves.

What Types of Damages Are Available If My Wrongful Death Case Is Successful in NYC?

The consequences associated with the sudden loss of a loved one are overwhelming. In addition to grief and sorrow, you may also be dealing with intense financial stress.

While wrongful death cases and personal injury cases are similar, the damages you can recover for wrongful death in New York are different. Typically, you can only seek compensation for financial losses.

Examples include:

• Loss of your loved one’s financial support
• Medical expenses incurred between the date of injury and the date of death
• Nursing costs
• Funeral expenses and burial costs
• Loss of inheritance
• The value of household services provided by the decedent
• Interest on these damages, calculated from the date of death onward

The law doesn’t generally allow survivors to recover damages for their own suffering. However, pain and suffering damages may be available if the decedent survived for a period of time between injury and death.

How Much Does It Cost to Hire a Wrongful Death Lawyer in New York?

Personal injury law firms in New York tend to work on a contingency fee basis. Law Offices of Jay S. Knispel Personal Injury Lawyers is no different. We don’t charge retainers or hourly fees. Instead, once your case is resolved, you pay a percentage of the compensation we recover.

What Happens to My Family’s Right to Seek Compensation if My Loved One Was Partly Responsible in New York?

Blaming the victim is perhaps the most common insurance tactic in the book. Expect the insurance company to search for any evidence they can use to blame your loved one for their own death. Don’t panic when these allegations arise.

New York follows a pure comparative negligence law. Each party to an accident is financially responsible for their own share of fault.

Even if the insurance company can prove your loved one was financially responsible, you don’t lose your right to damages entirely. You will, however, walk away with a reduced settlement–so it’s always important to fight back when shared fault becomes an issue.

What Causes Most Fatal Accidents in New York City?

Almost any type of accident can cause an untimely loss of life if it’s serious enough.

At Law Offices of Jay S. Knispel Personal Injury Lawyers, we handle all types of wrongful death claims in NYC, including those involving:

• Car accidents
• Dangerous property conditions, under NYC premises liability laws
• Construction accidents
• Firearm violence, assault, and sexual assault
• Negligent security
• Slip and fall accidents
• Medical malpractice
• Accidents involving pedestrians and bicyclists
• Motorcycle accidents
• Accidents involving large semi-trucks
• Bus accidents
• Subway accidents
• Uber or Lyft accidents
• Boating accidents
• Workplace accidents
• Dog bites
• Defective products
• Nursing home abuse

After the loss of a loved one, you have enough to deal with. Call our NYC wrongful death attorneys for help with the insurance and legal issues. With our experienced lawyers in your corner, you’re much more likely to win full compensation.

What Do I Have to Prove to Hold the At-Fault Party Responsible for My Loved One’s Death?

You may have a valid wrongful death case if you can prove:

• Your loved one lost their life
• Someone else’s actions caused their death
• Your loved one would have been entitled to sue for damages if they had survived
• Your family suffered damages as a result

Wrongful death cases are most commonly based on negligence.

Negligence means:

• The at-fault party owed your loved one a duty of care
• They breached their duty
• The breach directly caused the death
• Your family suffered damages

 

You may not have a significant amount of evidence to support your case. Police reports and medical records are valuable, but they aren’t always enough to win. Our lawyers have the tools to conduct our own investigation to find out what happened–and who can be held liable.

How Long Do I Have to File a Wrongful Death Lawsuit After a Deadly Accident in New York?

Under New York law, you generally have two years to file a lawsuit. This statute of limitations starts running on the date of your loved one’s death.

The statute of limitations is extended if the defendant is also facing criminal charges. You’ll have one year from the date any criminal charges are resolved, regardless of the two-year clock.

Contact a NYC Wrongful Death Lawyer for a Free Consultation

If you’ve recently lost a loved one in NYC, NY, we know that you’re struggling. It’s even worse when you know the death could have been prevented. An experienced NYC wrongful death lawyer at Law Offices of Jay S. Knispel Personal Injury Lawyers can help you fight for every available dollar. Just contact us today to schedule your free case review.