New York City
Wrongful Death Attorney

Voted "Best Lawyers" & "Best Law Firms" by U.S. News

In the event that an injured victim does not survive an accident caused by the negligence of another, wrongful death has occurred. If you are a surviving family member of a wrongful death victim, you have the legal right to seek compensation for your loss.

These tragic circumstances usually require the help of an experienced wrongful death lawyer so that you, as a family member of the deceased, are ”made whole.” We work hard to help you obtain compensation to cover medical bills, funeral arrangements, lost income, and other costs associated with the death of your loved one.

Call (212) 577-9325 today for your complimentary consultation with a "Best Law Firms" rated practice.

Making a Wrongful Death Claim

If an accident victim would have been justified in bringing a personal injury claim had they lived, then a wrongful death claim is usually appropriate. Family members who can make a wrongful death claim include spouses of the deceased, parents who lost children, and children who lost parents. In some cases, siblings or other close relatives can file the claim.

Family members must show several different elements of their wrongful death case, including but not limited to the following:

• The defendant had a legal obligation to the deceased. People have a general legal obligation to avoid high-risk behaviors. For example, drivers must exercise reasonable caution and manufacturers have an obligation to ensure that their products are safe. Establishing a legal duty can be shown if there was a relationship, however tangential, between the deceased and the defendant.
• The obligation was breached. There is a negligence standard generally used to make this determination. How would a reasonable person have acted in a similar situation? If they would have been more careful, the defendant is considered to be negligent.
• The breach directly caused the death. Did the defendant’s actions lead to the death? If so, a wrongful death claim can be made.
• There is something for which you can be compensated. These costs include medical bills or pain and suffering. Wrongful death cases allow you to recover money for both economic and non-economic losses.

If you are bringing a wrongful death claim, you have the burden of proving each of these elements. To make a strong claim, you will need the services of a knowledgeable attorney to help gather the necessary evidence for your case.

Compensation for Your Loss

If your family member has died due to the negligence of another, your first priority should be contacting a lawyer who can help you maximize your compensation either by going to court or negotiating a settlement with the defendant or their insurer.

In New York, there is a statute of limitations restricting the amount of time you can file a wrongful death lawsuit. In addition, determining appropriate compensation for your loss can be a complicated process involving many factors that establish what your case should be worth. Our experienced New York City wrongful death attorneys can lead you through this process with clarity, informing you of your rights and options.

Damages due to a wrongful death include:

• Funeral costs
• Loss of companionship
• Medical bills that were paid prior to the death
• Lost financial support that the deceased would have provided

Contact Our New York Office at (212) 577-9325

At The Perecman Firm, P.L.L.C., we understand the grief you are going through, so we will fight for your legal rights so that you can focus on healing. Our attorneys have extensive experience and expertise helping family members who have lost loved ones. Our firm is made up of real trial lawyers, who have won dozens of multi-million dollar verdicts and settlements through toughness, sharp legal insight, and effective tactics. We are based in Manhattan, but we also represent injured people in the Bronx, Brooklyn, Queens, Staten Island, Long Island, Westchester, and beyond.

To learn more about your case and how we can help, contact our firm for a free, no-obligation consultation.