New York law allows you to hold negligent parties responsible for the personal injuries they caused you to suffer. This law extends to the family members of those who die because of the liable party’s careless, reckless, or intentional acts.
A wrongful death lawyer in Bayport, Long Island can answer your questions about filing the claim, evaluate your eligibility, and handle the claims process for you. Call Gacovino, Lake & Associates, P.C. today at 631-600-0000 to schedule a no-cost consultation with one of our attorneys.
How Can I Hold the At-Fault Party Responsible for My Family Member’s Death?
If you believe negligence led to the death of your family member, let us help you hold the responsible party accountable through an insurance claim or wrongful death lawsuit. We may investigate your loved one’s accident and injuries and collect the evidence to prove negligence and liability. To prove the other party caused their death, we need to prove:
- They had an obligation to act in a certain way to keep your loved one safe
- They failed to uphold this obligation
- Their failure caused your loved one to suffer injuries
- Your loved one died because of those injuries
At the same time, we may also collect evidence to document your accident-related financial losses. In some cases, we may call in expert witnesses such as accountants, financial analysts, accident reconstruction experts, and others.
If the insurance company balks and refuses to offer a fair settlement, we may need to file a lawsuit against the negligent party and their insurer. If we take your case to court, a judge will decide if you receive a financial award, and determine how much.
What Types of Damages Are Available in a Wrongful Death Claim?
The damages in a wrongful death case depend on the relationship between the family members and the lost loved one. Eligible wrongful death beneficiaries include:
- The surviving spouse; or
- Surviving children; or
- The surviving spouse and the surviving children
New York State’s wrongful death laws outline the types of damages available to each of these beneficiaries. The law limits each group to recovering only specific noneconomic damages, such as the loss of services for the spouse, or the loss of parental guidance for the children. For this reason, it is vital that we collect evidence of all possible economic losses, and understand how the pecuniary loss statute will apply in your case.
How Long Do I Have to File a Wrongful Death Claim?
New York State has a statute of limitations on wrongful death claims, giving you only two years to file a lawsuit based on the death of your loved one. The timer begins running the day your loved one passes away and applies only to filing litigation in civil court.
Even though the statute of limitations technically applies only to filing a lawsuit, it also gives us a time limit on pursuing an insurance claim. If we wait until after the statute of limitations expires to file a claim, the insurance company has little incentive to cooperate with us or offer a fair settlement.
How Can Negligence Lead to Wrongful Death?
Negligence causes wrongful death in many of the same ways it causes injuries. If your loved one would have a valid personal injury claim against the liable party, you are likely to have a valid wrongful death claim.
Some of the common ways negligence can lead to wrongful death include:
- Car crashes
- Motorcycle accidents
- Truck collisions
- Boating accidents
- Construction site accidents
- Medical malpractice
- Defective product injuries
- Dog bites
- Falls, under premises liability laws
- Brain injuries
- Spinal cord injuries
How Can I Contact a Wrongful Death Lawyer in Bayport, Long Island?
The wrongful death attorneys at Gacovino, Lake & Associates, P.C. are ready to go to work for your family, helping you hold those responsible for your loved one’s death liable. Call our us today at 631-600-0000 to make an appointment for your complimentary case evaluation.