Long Island Wrongful Death Lawyers
Compassionate Long Island Wrongful Death Lawyers
Experiencing the loss of a loved one due to preventable circumstances can be emotionally devastating and may lead to significant financial burdens. At Rosenberg & Rodriguez, we understand the pain and suffering caused by such a tragedy. Our compassionate team of reputable wrongful death attorneys on Long Island are here to support you during this difficult time and help you obtain the compensation you deserve if the death was caused by someone else’s negligence.
If you believe that your loved one’s death meets the criteria for a wrongful death claim, our knowledgeable personal injury lawyers can assist you with the legal process. To be considered a wrongful death case in New York, the death must result from the negligent, reckless, or intentional actions of another person, group, or organization. Additionally, the surviving family member must demonstrate financial suffering due to the unexpected loss and appoint a personal representative to initiate the lawsuit.
While personal injury accidents, such as car crashes, medical malpractice, and construction site injuries, are common causes of wrongful death claims, other potential causes exist. Don’t wait any longer to schedule a free consultation with one of our sympathetic Long Island wrongful death lawyers at (718) 509-4960 and let us help ensure that justice is served on behalf of your loved one’s estate.
What Are the Requirements for a Wrongful Death Case?
At Rosenberg & Rodriguez, we recognize the heartache and trauma that wrongful death can bring. If a loved one has died prematurely due to someone’s carelessness, you may qualify for financial compensation through a wrongful death claim or lawsuit. We tirelessly investigate all possible parties who may be responsible for your loss. When it comes to pursuing legal action, typical scenarios include:
Car Accidents
Driving can be nerve-wracking, as we hope other drivers on the road are just as cautious and responsible as we are. Reckless driving, however, puts not only the driver but also other nearby individuals in danger. According to the Centers for Disease Control, an average of nine people in America die every day due to distracted driving-related car accidents—a shocking and heartbreaking statistic.
Construction Site Accidents
Regrettably, the Occupational Safety and Health Administration (OSHA) reports that each day in America, fourteen people pass away due to work-related injuries. The construction industry, in particular, is perilous, with OSHA identifying four specific construction accidents as the most fatal:
- Falls
- Being struck by an object
- Getting caught in/between equipment
- Electrocutions
Medical Malpractice
With a 25% mortality rate, it’s no surprise that we entrust our lives to healthcare professionals. Unfortunately, when medical professionals fail to communicate effectively or if physicians make mistakes due to being overworked, as is common, 250,000 people suffer the consequences each year, according to John Hopkins University researchers. Medical errors have now become the third leading cause of death in America. Here are some examples of malpractice that can occur due to errors:
- Hospital-Acquired Infections – Any kind of infection can have fatal consequences for patients, and the CDC reports that 1.7 million people contract hospital-acquired infections each year.
- Misdiagnosis – Patients usually expect to recover when seeking medical attention. However, if a misdiagnosis occurs and delays the correct diagnosis, it can exacerbate any pre-existing conditions and cause further harm.
- Wrong Medications – Lack of training and communication among staff can lead to patients receiving incorrect medications, overdosing, or getting a fatal mix of drugs.
- Never Events – It’s hard to believe, but never events occur regularly in medical facilities across the United States. A never event is a medical error that should never happen and cannot be predicted—for example, mistakenly amputating the wrong limb during an operation. Unfortunately, such mistakes may be fatal for some patients.
Nursing Home Abuse
It can be emotionally taxing when deciding to place a loved one in long-term care. We expect that the administration, staff, and providers will protect and care for our loved ones to the best of their abilities. Unfortunately, many elderly people may not report physical or emotional abuse due to cognitive decline or accept it as something they deserve, making it even more crucial for friends and family to visit regularly and take note of any changes or potential injuries/signs of neglect. Here are some examples to watch out for:
- Bruising
- Bedsores
- Unexplained falls
- Dehydration
- Scratches
- Burns
Proving Fault in a Wrongful Death Lawsuit
Winning a wrongful death case can be challenging. It is crucial to prove to the court that the defendant’s actions were the cause of your loved one’s untimely passing. Although this may seem difficult, with the help of an experienced legal team and a thorough investigation, it is possible to achieve success. Some essential pieces of evidence that can strengthen your case include:
- Medical records
- Police reports
- Photographs
- Surveillance footage
- Cell phone records
- Dash-cam videos
- Vehicle data devices
- Witness statements
It is crucial to contact a Long Island wrongful death attorney immediately after the incident to increase your chances of success. Delay in gathering evidence can lead to loss of important information, and under New York law, the personal representative has only two years from the date of the death to file a lawsuit. It is important to invest time and effort in building a strong claim, so act quickly for the best results.
Frequently Asked Questions
Who Is Eligible To File A Wrongful Death Claim On Long Island?
To file a wrongful death claim on Long Island, the personal representative of the deceased must take action. Eligible family members, such as the spouse, children, or parents of the deceased, may be able to receive compensation for financial and emotional losses caused by the negligent party.
What Kind Of Damages Can Be Recovered After A Wrongful Death?
Immediate family members may be eligible for compensation for medical expenses, burial or cremation expenses, lost expected wages and benefits, loss of consortium and inheritance, and punitive damages for crimes committed by the at-fault party that led to the death.
What Is The Average Worth Of A Wrongful Death Claim?
The amount of damages that can be obtained from a wrongful death claim depends on several factors, including the culpability of the opposing party and the evidence available. Elements such as venue, plaintiff, personal representative, judge, jury, and damages can also affect the amount of compensation awarded. The personal representative will work with other claimants and their legal counsel to evaluate settlement options.
What Is The Time Limit For Filing A Wrongful Death Lawsuit In New York?
In New York State, wrongful death cases must be filed within two years of the date of passing, not necessarily the date of the accident. It is important to take legal action quickly to secure justice and potential compensation for yourself and your lost loved one.
Contact Our Long Island Wrongful Death Lawyers Today
At Rosenberg & Rodriguez, we are passionate about providing you with the optimum resolution for your case. Knowing how taxing legal matters can be both mentally and emotionally, our Long Island wrongful death lawyers will make sure to take care of all details and paperwork on your behalf. We have an extensive history of success in representing families from New York City who experienced the tragedy of a beloved family member’s passing away. Our knowledgeable attorneys invite you to schedule a free consultation by calling us at (718) 509-4960 so that they may explore further what options are available for your individual situation.