Long Island Wrongful Death Lawyer

The sudden and unexpected loss of a loved one is devastating, but when that loss is caused by another person’s negligence or intentional actions, it becomes even more painful to bear. In these tragic situations, the family of the deceased may have the right to seek justice through a wrongful death claim, provided they can prove the death was caused by another’s negligence or misconduct. At Jacobson Law, we understand the emotional and financial burdens that wrongful death can bring. Our Long Island wrongful death lawyers are here to guide you and represent you throughout the legal process, ensuring that your family’s rights are protected and that you receive the compensation you deserve.

What Is a Wrongful Death Claim?

In New York, wrongful death occurs when an individual dies due to the negligent, reckless, or intentional actions of another person or entity. The purpose of a wrongful death claim is to hold the responsible party accountable and provide compensation to the surviving family members for the financial and emotional damages they have suffered.

Wrongful death claims can arise from various types of incidents, including:

• Car Accidents: If a fatal car accident occurs due to another driver’s negligence, such as speeding, distracted driving, or driving under the influence, the family of the deceased may be eligible to file a wrongful death claim.
• Premises Liability: A slip and fall, trip and fall, dog bite, or other incident on another’s property gives rise to a premises liability claim when the property owner failed to provide a reasonably safe environment by fixing or warning about known hazards or inspecting their property for danger.
• Medical Malpractice: A wrongful death claim can arise if a healthcare professional’s negligent actions, such as misdiagnosis, surgical errors, or failure to provide proper care, lead to a patient’s death.
• Workplace Accidents: Families may pursue a wrongful death claim when a worker dies as a result of unsafe working conditions, defective equipment, or lack of proper training at a construction site or other worksite.
• Defective Products: If a defective product causes fatal injuries, the manufacturer, designer, or distributor may be held responsible through a wrongful death claim.
• Intentional Acts: In cases where a person dies due to violent crimes, such as assault or homicide, the victim’s family may file a wrongful death lawsuit against the perpetrator. A premises liability claim might also be appropriate against a property owner whose negligent security measures allowed the attack to occur.

Who Can File a Wrongful Death Lawsuit in New York?

Under New York law, an immediate family member or the personal representative of the deceased’s estate is legally authorized to file a wrongful death lawsuit. The personal representative is typically named in the deceased’s will, or if no will exists, appointed by the court.

Even when the lawsuit is filed by the estate’s personal representative, the compensation awarded in a successful claim is intended to benefit the deceased’s surviving family members, including the surviving spouse, children, parents, and other dependents or beneficiaries of the estate.

It’s important to note that siblings and other extended family members are generally not entitled to compensation unless they were financially dependent on the deceased.

Damages Available in a Wrongful Death Claim

Wrongful death claims are designed to compensate the family for the financial and emotional losses they have suffered due to the untimely death of their loved one. In New York, the types of damages that may be awarded include:

• Funeral and Burial Costs: The family may be reimbursed for the reasonable expenses associated with laying their loved one to rest.
• Medical Expenses: If the deceased incurred medical bills before passing away due to their injuries, those costs may be included in the claim.
• Lost Wages and Benefits: Surviving family members may receive compensation for the income and benefits the deceased would have provided, including future earnings and pension benefits.
• Loss of Parental Guidance: Children of the deceased may be entitled to compensation for the loss of parental nurturing, care, and guidance.
• Loss of Support and Services: Surviving family members can be compensated for the financial and household contributions the deceased would have made.
• Conscious Pain and Suffering: If the deceased experienced conscious pain and suffering prior to death, the estate may seek compensation for that suffering.

However, unlike in some other states, New York law does not allow for compensation for emotional pain and suffering experienced by surviving family members.

Statute of Limitations for Filing a Wrongful Death Claim in New York

In New York, wrongful death claims must be filed within two years of the date of death. Failing to file within this timeframe can result in the loss of your right to pursue compensation. However, certain exceptions may apply, such as in cases involving criminal activity, where the statute of limitations may be extended.

It’s crucial to consult with an experienced wrongful death attorney as soon as possible to ensure that your claim is filed in a timely manner. At Jacobson Law, we understand the importance of acting quickly while still giving you the time and space to grieve.

How Jacobson Law Can Help

At Jacobson Law, we are committed to helping families who have lost loved ones due to the negligence of others. We recognize that no amount of money can truly compensate for the loss of a loved one, but we will fight to obtain the financial recovery your family needs to move forward.

When you work with us, we will handle every aspect of your case, from gathering evidence and negotiating with insurance companies to representing you in court if necessary. Our goal is to secure the maximum compensation available under the law, allowing you to focus on healing while we fight for justice.

If you believe that your loved one’s death was caused by someone else’s actions, contact Jacobson Law today by calling 631-661-2030 for a free consultation. Our Long Island wrongful death attorneys will review your case, explain your legal options, and help you take the first steps toward seeking justice for your family.