Long Island Wrongful Death Attorney
Experienced Wrongful Death Lawyers Serving Long Island, NY
Experiencing the wrongful death of a loved one due to someone else’s negligence or intentional misconduct is a devastating ordeal. At Palermo Law, we understand the profound emotional and financial impact of such a loss and are committed to supporting grieving families across Long Island. Our specialized Long Island Wrongful Death Attorney is here to guide you through every step of the legal process with compassion and dedication.
Understanding Wrongful Death
A wrongful death occurs when a person’s life is tragically cut short due to the negligent or deliberate actions of another party. These circumstances can arise from a multitude of incidents, including car accidents, workplace injuries, defective products, other fatal accidents, or even criminal acts. Each case of wrongful death not only brings profound emotional turmoil but also raises significant legal considerations that demand immediate and careful attention.
Common Causes of Wrongful Death
- Vehicle Accidents: Car, truck, motorcycle, bicycle, and pedestrian accidents can lead to fatalities due to reckless driving, DUI, or road hazards.
- Workplace Accidents: Unsafe work environments, machinery malfunctions, or failure to follow safety regulations can result in fatal incidents.
- Medical Malpractice: Errors in diagnosis, surgical mistakes, improper medication prescriptions, or neglect in patient care can cause death.
- Product Defects: Fatalities caused by defective or unsafe products, from automobiles to household appliances.
- Premises Liability: Deaths occurring due to unsafe property conditions, such as slip and falls, inadequate security, or structural collapses.
Legal Implications
When an untimely death occurs, it triggers a series of legal measures aimed at holding the responsible party accountable. The law provides a pathway for the deceased’s family or estate representatives to seek compensation through a wrongful death lawsuit. This legal process involves proving that the death was due to the negligence or wrongful act of another, and quantifying the damages that the surviving family members have suffered as a result.
Damages in a Wrongful Death Claim
- Economic Damages: These include the financial contributions the deceased would have provided to their family, such as lost wages and benefits, as well as the costs of medical care prior to death and funeral costs.
- Non-Economic Damages: These can cover the intangible losses suffered by the survivors, such as emotional distress, loss of companionship, affection, and moral support.
Navigating a wrongful death claim requires understanding the nuances of state laws and how they apply to the specifics of the incident. Each state has its own statutes that define who is eligible to file these claims, the types of damages that may be recovered, and the time limits for doing so. Engaging with a knowledgeable wrongful death attorney early in the process ensures that all necessary steps are taken to protect the rights of the deceased’s loved ones and to pursue the fullest compensation for their loss. This legal support is crucial in managing the complex aspects of such claims, providing the necessary expertise to guide families through this difficult and emotional legal process.
Immediate Steps After a Wrongful Death
In the immediate aftermath of wrongful death in Long Island, taking the right steps is crucial for safeguarding your rights and ensuring a strong foundation for any legal actions. The emotional turmoil following the loss of a loved one can make navigating these steps challenging, which is why securing experienced legal representation is essential.
Key actions to take following a wrongful death include:
- Seek Legal Counsel Immediately: Promptly consulting with an attorney is vital. An attorney can guide you through the complex legal landscape, helping to ensure that your claim is filed within the strict deadlines set by New York laws.
- Preserve Evidence: Collect and preserve any evidence related to your case. This might include photographs of the incident scene, eyewitness accounts, and relevant documents such as accident reports or medical records.
- Document Everything: Keep detailed records of all interactions and expenses related to the incident. This includes medical bills, burial expenses, and any correspondence with insurance companies or involved parties.
Why Prompt Action is Crucial
Engaging a skilled lawyer early in the process not only helps protect your legal rights but also plays a critical role in the management of your case. An attorney can:
- Secure Medical Expense Coverage: Manage the immediate financial burdens associated with wrongful death, as well as financial recovery, such as funeral and medical expenses.
- Strengthen Your Case: Begin building a compelling personal injury case by conducting early investigations and gathering key evidence which might be lost over time.
- Adhere to Legal Deadlines: Ensure compliance with New York’s statutory deadlines for filing a wrongful death claim, which can vary from two years to as little as 90 days depending on the specific circumstances surrounding the case.
Taking these steps promptly can significantly impact the outcome of your case, ensuring that you are better positioned to receive the justice and compensation you deserve
Compensation in Wrongful Death Cases
The financial implications of a wrongful death are significant, especially if the deceased was a primary breadwinner. Surviving family members may be entitled to recover costs for medical and funeral expenses, as well as compensation for lost future earnings and benefits. Additionally, non-economic damages can be claimed for the pain and suffering endured by the deceased prior to death, which consider factors such as the severity of pain and the duration of suffering before death.
Frequently Asked Questions About Wrongful Death
- Is a wrongful death claim viable?
Under New York law, wrongful death falls under the “Serious Injury” Threshold, which allows for personal injury claims to be filed under specific conditions. Consulting with a knowledgeable personal injury lawyer is crucial to determine if your case meets these legal criteria. - Who will manage my case?
At Palermo Law, I personally oversee all wrongful death cases. Our dedicated team, including a case manager, legal assistant, and paralegal, collaborates to ensure comprehensive management of each case—from initial evidence collection to final settlement negotiations. - What compensation can I expect?
Compensation for wrongful death claims includes both economic and non-economic losses. Economic damages cover out-of-pocket expenses and future financial losses, while non-economic damages address the emotional impacts, such as pain and suffering and loss of companionship. The actual compensation amount varies, influenced by the specifics of the case and potential jury awards or negotiated settlements.
Why Choose Palermo Law for Your Wrongful Death Claim?
Choosing Palermo Law means opting for a law firm that offers a free consultation without obligation, charges no legal fees unless we win, and dedicates personal attention to each client. With over two decades of specialized experience in Long Island car accidents and other claims, we are committed to achieving the highest possible settlements and verdicts for our clients.
Reach Out to a Long Island Wrongful Death Attorney
Our firm’s expertise extends to all facets of personal injury and wrongful death litigation, including managing no-fault insurance claims and property damage issues. At Palermo Law, we leverage our extensive knowledge and resources to ensure that your wrongful death claim is handled with the utmost professionalism and dedication. If you have a loved on who is a wrongful death victim and need to discuss an incident or have any legal questions, please do not hesitate to reach out for a comprehensive evaluation of your case.
Additional Resources
- The Most Common Injuries After a Car Accident
- What Is No-Fault Coverage?
- How To File Your New York State No-Fault Application
- What To Know Before Handling Your Own No-Fault Claim
- Understanding New York State’s “Serious Injury Threshold” Statute
- Additional No-Fault Coverage (“APIP” & “OBEL”)
- Understanding MVAIC – For Victims Of Motor Vehicle Accidents With No Access To No-Fault or Bodily Injury Coverage