If you lost a loved one due to the negligent actions of another party, New York state laws allow you to pursue a wrongful death claim against them. If you are a surviving spouse or representative of the deceased’s estate and you believe that someone else’s actions caused or contributed to the death, a wrongful death claim can hold the responsible party accountable for their actions and provide you with compensation for what you have been through.
A wrongful death lawyer in Bohemia, Long Island, can evaluate your case and determine if you are eligible to win damages from another party for the death of your loved one. The legal team at Gacovino, Lake & Associates, P.C., focuses on wrongful death law. Our attorneys have built a strong track record of winning substantial settlements for clients who have lost loved ones due to the negligence of others.
We invite you in for a free consultation and case review. Let us show you how we can help in this difficult time. Call us today at 631-600-0000 to schedule an appointment.
Can I Hold Another Party Responsible for the Death of My Loved One?
If your loved one lost their life as a result of someone else’s actions, you might have a valid wrongful death claim against them. To win compensation, we must demonstrate the other party’s negligence or wrongdoing caused or contributed to the death of your loved one. The evidence standard is similar to that of a personal injury claim, which is another area of law at which our team of attorneys has been highly successful.
To win wrongful death compensation, we must demonstrate the following:
- The responsible party had a duty of care to keep your loved one reasonably safe;
- The responsible party failed to uphold this duty, resulting in your loved one suffering an injury or illness; and
- Your loved one died as a result of this injury or illness.
We fight for all of the compensation you deserve. That includes economic damages, such as medical bills and funeral costs, and non-economic damages, such as loss of companionship. After we evaluate the details of your case, we will determine the full value of your claim and pursue this amount.
Our next step is to file a wrongful death claim with the at-fault party’s insurance company, demanding the full range of damages we have determined you deserve. We present the evidence we have gathered in support of your claim to provide an incentive for the insurance company to settle out of court and avoid a protracted legal process. We can often reach a deal for a fair out-of-court settlement without having to go to trial.
However, if the insurance company refuses to settle or it offers less than the full amount you deserve, we will file a lawsuit and try your case in front of a judge or jury. This process can involve some difficult moments—most significantly, facing the person who caused the death of your loved one in court—which is why we keep an open line of communication and make sure we handle things in a way that is acceptable to you.
What Damages Can I Recover in a Wrongful Death Claim?
You might be eligible for several types of damages to compensate you for the loss of your loved one and the economic and non-economic costs involved with their death.
The specific damages you can receive depend on your relationship with the deceased, such as whether you are the surviving spouse or a surviving child.
In New York, you are eligible to receive certain economic damages for the financial losses you have suffered as a result of your loved one’s death. You can also receive non-economic damages based on your relationship to the deceased. These can include emotional damages such as loss of spousal services or loss of parental guidance. In examining your case, we will calculate how much you should be eligible to receive of each category.
How Soon Must I File a Wrongful Death Claim in New York?
Unlike personal injury lawsuits, which carry a three-year statute of limitations in New York, you must file a wrongful death lawsuit within two years of your loved one’s death.
The statute of limitations only applies to lawsuits, not claims against the responsible party’s insurance company. However, it becomes much more difficult to negotiate a fair settlement with the insurance company once we have run up against the statute of limitations to file a lawsuit. That is because the threat of a lawsuit is one of the most powerful incentives we can provide for the insurance company to agree to fair compensation. Accordingly, the sooner you meet with one of our attorneys to get the process started, the better chance you have of reaching a favorable outcome.
Does the Cause of Death Matter in a Wrongful Death Claim?
No matter how your loved one died, we can help you recover fair compensation. Some of the most common causes of wrongful deaths include:
- Car accidents;
- Motorcycle crashes;
- Work accidents, including those on construction sites;
- Medical malpractice;
- Defective products;
- Dog attacks;
- Slip and fall accidents;
- Traumatic brain injuries; and
- Spinal cord injuries.
Even if your loved one’s cause of death does not appear on the above list, we can help. All it takes for a wrongful death claim to be successful is evidence showing another party failed to uphold a duty of care to your loved one. The list of circumstances in which this might apply is endless.
Where Can I Find an Accomplished Wrongful Death Lawyer in Bohemia, Long Island?
Losing a loved is one of the hardest things a person goes through in life. At Gacovino, Lake & Associates, P.C., our wrongful death attorneys will hold the responsible party accountable for their negligence. For a free consultation and case review, call our legal team today at 631-600-0000.