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If you have lost a loved one due to someone else in New York, NY, contact the experienced Law Offices of Jay S. Knispel, LLC today at (212) 564 2800, our New York City wrongful death lawyers will help you hold the at-fault party accountable and recover the financial justice your family deserves.
Since 2007, the Law Offices of Jay S. Knispel, LLC has fought for the rights of accident victims and their families. Schedule a free case review with Jay S. Knispel today to discuss your case and find out how we can help you.
Wrongful death and survival actions in New York are complex and blend probate law and personal injury law. They must also be filed by an estate’s personal representative, not a family member, which can make matters even more confusing.
If you have been appointed the personal representative of a loved one’s estate, the last thing you may be concerned about is fighting a complicated legal battle while you are grieving. You may also be unsure of where to turn when you believe your loved one has been taken from you through carelessness or negligence.
Our experienced New York City personal injury attorneys can stand by your side and serve as legal advocates to hold the responsible party accountable and seek damages that will help your family financially through this terrible time in your life.
At the Law Offices of Jay S. Knispel, LLC has represented accident victims and surviving family members in all five boroughs of New York City, New York for more than a decade. Founding attorney Jay S. Knispel has secured some of the largest verdicts in New York on behalf of his clients and will fight to do the same for you. Our firm has litigated multi-million-dollar injury cases and recovered life-changing settlements and jury awards. We will fight to do the same for you.
Choose the Law Offices of Jay S. Knispel, LLC to represent your loved one’s estate and count on us to:
Call our law office today to schedule your free consultation with a passionate New York City wrongful death lawyer who will fight for you.
When someone dies as the result of another’s negligence or wrongful conduct, it is considered a wrongful death. This type of death can give rise to a wrongful death claim if the decedent could have pursued a personal injury lawsuit in court if they survived.
New York treats wrongful death claims very differently than most states by merging probate and personal injury law. These claims fall under the New York Estates, Powers and Trust Laws (EPTL) instead of the civil code.
New York law limits who can file a wrongful death action following a death due to negligence. The personal representative of the decedent’s estate must file a wrongful death lawsuit. This representative has either been named by the decedent in a will or trust or will be appointed by the court.
Family members of the decedent may request to be named the estate’s personal representative if no one is named. If the court approves the request, the family member can file the wrongful death lawsuit.
The value of your wrongful death claim is highly dependent upon the circumstances of your case. This type of claim allows you to recover only the value of your family’s financial losses, but some damages like the loss of household services and parental care can be difficult to calculate.
This may depend on the age of any children, the age of the decedent, the value of the decedent’s anticipated future earnings, and the level of support they provided the household. The value of this type of claim can depend on how long the decedent survived before their death and the severity of their injuries.
The value of a survivorship cause of action is even more complex as it compensates for the decedent’s pain and suffering which has no intrinsic financial value.
And, keep in mind that the value of your claim will also hinge on any blame that’s assigned to your late family member. Under New York’s comparative fault rules, damages are reduced in direct proportion to fault. If your family member played any role in causing their fatal accident, the damages in your related wrongful death action will be adjusted downward to reflect that.
At the Law Offices of Jay S. Knispel, LLC, we will work with experts to testify about your loved one’s pain and awareness prior to their death and the value of the services they provided.
While money can never compare to the value your loved one added to his or her family, a wrongful death claim can help hold the responsible party accountable. After a tragedy, financial compensation can also help your family grieve without the worry of a significant financial burden.
In New York, wrongful death lawsuits are generally two types of lawsuits combined. This is done to also make a claim for both economic damages and losses to certain family members as well as the decedent’s pain and suffering.
A wrongful death claim may be combined with a survival action.
A wrongful death action seeks damages to reimburse surviving family members for their financial losses. This may include:
New York EPTL § 5-4.3 requires that wrongful death damages be limited to compensation that is “fair and just.”
New York is one of just a few states that does not allow surviving family members to recover compensation for grief, companionship, or consortium.
A survivorship action is different as it seeks damages for the decedent’s pain and suffering before their death and “pre-impact terror” or awareness of their impending death. These damages are only available when the decedent experienced “cognitive awareness” prior to death and did not die instantly.
Note that wrongful death damages are designed to benefit a decedent’s beneficiaries. These damages are shielded from any claims against the estate. Survivorship action damages compensate the estate and do not necessarily go to the decedent’s beneficiaries.
Wrongful death can occur in many ways. It may be the result of intentional wrongdoing such as assault or homicide. More commonly, it occurs in an accident caused by negligence.
At the Law Offices of Jay S. Knispel, LLC, we represent family members and personal representatives in wrongful death claims arising from:
If your loved one has been killed in an accident or due to criminal action, New York City wrongful death attorneys can help you hold the at-fault party accountable for the untold suffering they have caused your family.
To successfully recover damages in a wrongful death or survival action claim, the New York personal injury lawyer representing your loved one’s estate must show:
To prove negligence, your lawyer will investigate the circumstances of your loved one’s accident. This investigation will gather evidence that may include witness testimony, video surveillance, police reports, medical records, commercial property maintenance logs, and on-board vehicle data.
the Law Offices of Jay S. Knispel, LLC works with experts in many fields to evaluate and interpret evidence that proves fault in your case.
Under New York EPTL § 5-4.1, the statute of limitations to file a wrongful death lawsuit is just two years from the date of the decedent’s death. The statute of limitations for a survivorship cause of action is one year from the date of death or three years from the date of the accident – whichever is longer.
It’s crucial to consult with a New York personal injury lawyer as soon as possible. If this deadline expires, your claim cannot be filed in court and you lose your right to compensation. Delaying pursuing your claim can also weaken it as evidence establishing negligence and the extent of your damages may be lost.
Have you lost a loved one due to the negligent, reckless, or intentional wrongdoing of someone else? There is nothing worse than losing a loved one unexpectedly, particularly when it happened in an unavoidable accident someone else caused. At the Law Offices of Jay S. Knispel, LLC, we will fight for the compensation your family deserves during this painful time and hold the responsible party accountable.
Contact our law office today to schedule a free consultation with a compassionate New York City wrongful death lawyer. Our legal team will give you the support and legal guidance you deserve. We work on a contingency-fee-basis; you do not pay fees unless we recover compensation for you.