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 free consultation with a "Best Law Firms" rated practice. Our wrongful death lawyers in NYC are here to help you through this difficult time.
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. This type of claim can be filed by surviving family members or legal dependents of an individual who has died due to another party’s negligence, carelessness, or misconduct.
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. If the person filing the claim is a minor, they may require an adult guardian in order to file a lawsuit. Depending on the situation, other legal dependents and members of the victim’s family may be able to pursue a wrongful death claim in New York.
Family members must show several different elements of their wrongful death case, including:
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.
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 by going to court or negotiating a settlement with the defendant. 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. At The Perecman Firm, our experienced wrongful death attorneys in New York City can lead you through this process with clarity, informing you of your rights and options.
Damages due to a wrongful death include:
New York law rarely permits a recovery of damages for emotional distress in wrongful death lawsuits, except in specific situations. One of these situations is if the family member witnessed the injury or death of their loved one firsthand. In these cases, that person may be able to file a claim to seek compensation for emotional distress.
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.
The Perecman Firm, P.L.L.C.'s team of NYC personal injury attorneys have recovered more than $500 million in verdicts and settlements for their clients. We understand the financial and emotional toll a serious accident can have on your life. That’s why we dedicate ourselves to maximizing your recovery and securing what you deserve.
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