Manhattan Wrongful Death Lawyers
Empathetic Wrongful Death Lawyers In Manhattan, NY
Losing a dear family member is a heartbreaking experience, especially if their death could have been prevented. Apart from the emotional trauma, you may also be burdened with high financial expenses. As someone who has lost a loved one due to avoidable circumstances, you not only mourn their loss but may also face significant financial implications.
Rosenberg & Rodriguez understands the difficulty of losing someone dear. If someone else’s negligence caused their death, you might be entitled to compensation for wrongful death. Our team of trustworthy wrongful death lawyers in Manhattan can help you during this challenging time and work to get you the compensation you deserve. Call now at (718) 509-4960 to schedule a free consultation with one of our experienced personal injury lawyers.
Wrongful Death Claims In New York: What You Need To Understand
The term “wrongful death” refers to a situation in which an individual has died as a result of another person’s negligence, recklessness, or intentional actions. In order to be classified as wrongful death, the incident must meet three specific criteria.
- A human being died
- Another person, group of people, or organization caused the death through intentional, negligent, or reckless actions.
- The surviving family member initiating the wrongful death lawsuit must demonstrate proof of financial suffering due to the unexpected death of the person
- The family has appointed a personal representative to initiate a wrongful death lawsuit
If someone you love died due to someone else’s negligence and the circumstances meet the criteria, you might be able to file a wrongful death claim. If you’re unsure how to proceed with the legal process, our Manhattan wrongful death lawyers who specialize in such cases can help. We’ll make sure that justice is served by filing a wrongful death claim on behalf of your loved one’s estate. Wrongful death claims typically result from personal injury accidents such as car crashes, construction site injuries, or medical malpractice. However, there are many other potential causes that we will discuss below.
Qualifications For Wrongful Death Claims in New York
At Rosenberg & Rodriguez, we understand the pain and suffering caused by a wrongful death. If you have lost a loved one due to someone else’s negligence, you may have the right to seek compensation through a wrongful death claim or lawsuit. We strive to identify all parties or organizations that may be accountable for your loved one’s passing. Generally, filing such a case in a court of law involves circumstances like these.
We feel very tense whenever we get into our car seats because we’re worried about other drivers on the road. Reckless driving puts not only the driver but also the people around them in danger. As per The Centers for Disease Control’s records, an average of nine people lose their lives due to car accidents caused by distracted driving every day in America – a devastatingly staggering statistic.
According to the Occupational Safety and Health Administration (OSHA), there are fourteen work-related fatalities each day in America. The construction industry is identified as the most hazardous, with OSHA acknowledging four specific accidents as the most deadly.
Health professionals play a crucial role in saving lives, especially considering that 25% of patients die from their illnesses. However, inadequate communication among clinicians or errors made by physicians who are overloaded can result in 250,000 individuals experiencing negative effects each year, as reported by researchers from John Hopkins University. Unfortunately, medical errors have become the third leading cause of death in the United States. Here are some examples of malpractice cases caused by errors.
- Hospital-Acquired Infections – Any type of infection can have deadly results for patients, and the CDC reports that 1.7 million people are affected by hospital-acquired infections each year.
- A Misdiagnosis – Patients expect to recover when they seek medical attention. However, if there’s a misdiagnosis leading to a delay in getting the right diagnosis, it can worsen any pre-existing conditions and cause further harm.
- Wrong Medications – Lack of training and communication among staff can cause patients to receive incorrect medications, too much medication, or a deadly mixture of drugs.
- Never Events – Medical facilities across the United States often experience never events, which are medical errors that should never happen but occur unexpectedly. Examples include accidentally amputating the wrong limb during surgery. These mistakes can unfortunately lead to fatal consequences for some patients.
Nursing Home Abuse
Dealing with the decision to place a family member in long-term care can be emotionally challenging. We rely on the care facility, staff, and management to provide our loved ones with excellent care and protection. However, seniors may fail to report emotional or physical abuse due to cognitive impairment, or they might perceive it as acceptable. Therefore, it is crucial for friends and relatives to visit as often as possible while observing any signs of neglect or injuries. Here are some warning signs to watch out for:
- Unexplained falls
How To Prove Fault in a Wrongful Death Case
Proving a defendant’s responsibility for wrongful death in court can be challenging. You need to show that your loved one would be alive if it weren’t for the defendant’s actions. It may seem difficult, but with a skilled legal team and careful examination of evidence, it can be done! Necessary evidence to support your case could include:
- Medical records
- Police report
- Surveillance footage
- Cell phone records
- Dash-cam video
- Vehicle data devices
- Witness statements
To have a successful case for wrongful death in Manhattan, it’s essential to find a lawyer as soon as possible. Gathering evidence becomes more difficult with time, and in New York state, personal representatives have only two years from the date of the deceased’s passing to file a lawsuit. The stronger the case is built, the better the chance for success, so it’s important to act swiftly for the best outcome.
Frequently Asked Questions
Who Can File A Wrongful Death Claim in Manhattan, NY?
To file a wrongful death claim in New York, the personal representative of the deceased must take action. Compensation may be available for qualified family members.
- The spouse of the deceased – If your spouse dies because of someone else’s negligence, you may be able to get compensation for the financial and emotional losses you suffer.
- The children of the deceased – The children of the deceased may file a lawsuit against the negligent party to receive money for their damages.
- Parents of the deceased – Parents can receive wrongful death compensation if their minor child was killed as a result of the accident.
- A non-family representative of the estate – If a non-family member estate files a wrongful death claim against the guilty party, they may do so on behalf of other family members who have survived.
If you have experienced a loss and need legal assistance, our Manhattan wrongful death attorneys at Rosenberg & Rodriguez can help. We can provide advice on how the law applies to your situation and assist you in seeking compensation for any applicable damages. If your loved one’s passing was due to negligence or wrongdoing, we are here to provide clarity and evaluate your claim. Contact us today to get started.
What Damages Can Be Recovered After A Wrongful Death?
Although nothing can ease the pain of losing a loved one, financial assistance can help you deal with the aftermath. Immediate family members can receive significant compensation, including:
- Medical costs related to hospital care prior to death
- Burial or cremation expenses
- Funeral costs
- Lost expected wages
- Lost benefits from the deceased’s work
- Loss of consortium
- Loss of inheritance
- Punitive damages for crimes committed by the at-fault party that caused the death
The family can focus on healing from their loved one’s passing without worrying about financial matters, thanks to sufficient compensation that covers all current and future expenses related to the tragedy.
What’s The Average Settlement For A Wrongful Death Claim In New York?
The amount of money you may receive from a lawsuit depends on various factors, such as how responsible the other party is and how much evidence you have. There are many factors that can affect the amount of compensation you receive in wrongful death cases, such as where the case is being heard, who the plaintiff is, who the judge and jury are and the damages involved. The personal representative will work with other claimants and their lawyers to consider settlement options.
What Is The Time Limit To File A Wrongful Death Lawsuit In New York?
Losing someone you love is incredibly difficult and nothing can replace them. However, if you wait too long to take legal action after their passing, you may miss out on compensation that could help ease the financial burden. In New York State, you have two years from the date of their death (not the accident) to file a wrongful death case. That’s why it’s important to act quickly to ensure you and your loved one get the justice you deserve.
If you are mourning the passing of a loved one, you shouldn’t have to deal with legal procedures that add to your stress. You can rely on Rosenberg & Rodriguez’s wrongful death attorneys in Manhattan, who will handle your case with sensitivity. This will allow you to concentrate on recovering and moving forward instead of filling out paperwork.
Contact Our Manhattan Wrongful Death Lawyers Today
At Rosenberg & Rodriguez, we are dedicated to helping you find the best solution for your case. We understand how overwhelming legal matters can be, so our Manhattan wrongful death lawyers will handle all the details and paperwork for you. Our track record shows that we have successfully represented many families in New York City who have gone through the painful experience of losing a loved one. Please feel free to schedule a free consultation with our attorneys by calling us at (718) 509-4960. During the consultation, our attorneys will provide their expert advice and explore available options for your specific situation.