If your family member lost their life because a negligent party caused them to suffer serious personal injuries, New York State laws holds them liable for the damages they caused your family. There are two parts to these claims:
- A survivorship claim to cover the losses suffered by your loved one before they passed away, and
- A wrongful death claim to cover the economic losses your family suffered because of their death.
The Long Island wrongful death lawyers from Gacovino, Lake & Associates, P.C. have helped many surviving spouses and other personal representatives file wrongful death lawsuits against the parties who caused their family member’s death. We can help you collect compensation for the losses you suffered. Call our office today at 631-600-0000 to schedule a complimentary consultation with one of our attorneys. We can answer any questions you have, evaluate your eligibility to file a claim, and fight for the compensation you deserve.
What Role Does Negligence Play in a Holbrook Wrongful Death Claim?
The laws that outline when you can file a wrongful death claim echo those that tell us when you have a viable personal injury claim. We understand the laws and can advise you of whether or not we believe you should file a claim based on the facts of your case. In general, if another party caused your loved one’s injuries in one of the following way, you most likely have a viable claim:
- Car accident;
- Motorcycle collision;
- Truck crash;
- Boating accident;
- Construction site incident;
- Medical malpractice;
- Defective product incident;
- Dog bite;
- A fall;
- Brain injury;
- Spinal cord injury.
During our initial meeting, our Holbrook wrongful death legal team will go over the applicable laws and explain your options for legal compensation. We can also file your claim, and work to recover the full value of compensation due to you based on the state’s wrongful death laws.
What Is the Process Like to Hold the At-Fault Party Responsible for a Holbrook, NY, Wrongful Death?
If we believe you have a viable case, we can help you recover compensation by filing a third-party insurance claim based on the negligent party’s insurance policy. In most cases, we can negotiate a fair settlement based on this claim, and do not need to resort to filing a wrongful death lawsuit.
From the time you decide to allow us to represent you, we work to get the best possible outcome in your case. While we want a quick conclusion, we will not settle for less money than your family deserves. The first step in fighting for your compensation is a full investigation into the accident that caused your loved one’s injuries. We will identify and collect a wealth of evidence to prove the at-fault party acted negligently. We need to prove:
- They had an obligation to keep your loved one safe by acting in a certain way;
- They did not follow these rules or act in a reasonable manner;
- This directly led to your family member’s injuries;
- Your loved one died because of their injuries.
Once we feel confident in the collected evidence proving negligence, we will need to document your financial losses, as well as any pain and suffering your loved one experienced before death. This evidence allows us to request an appropriate amount of compensation.
If the insurance company refuses to pay out a settlement that covers your full financial losses, we will not hesitate to litigate the case. We can take your case to court, representing you in front of the judge and asking for full compensation for your losses. We will not quit fighting for the money you deserve until we have tried all options for recovery.
What Types of Damages Are Available in a New York Claim After a Loved One Passes Away?
There are two types of claims that we can help you file after your family member dies in a negligence accident on Long Island. Each has specific damages available, and we usually pursue all types available for our clients.
A survivorship claim recovers the compensation your loved one could have claimed if they survived. This includes all the economic and noneconomic damages available in a personal injury lawsuit. For example:
- Medical care required before death;
- Lost wages from missed work, from the day of the accident until the date of death;
- Repair or replacement of any property damaged in the incident;
- Pain and suffering experienced before death.
It is important to note we cannot recover pain and suffering in this claim unless your loved one remained conscious or regained consciousness after the accident. When we do recover a payout in a survivorship claim, it goes to the victim’s estate. This money will go to heirs in the same way they distributed other assets.
Wrongful Death Claim
A wrongful death claim benefits the surviving family members, which may include:
- The surviving spouse; or
- Surviving children; or
- The surviving spouse and the surviving children;
- The parents of the deceased, if the deceased was unmarried without children.
New York’s wrongful death laws limit the types of damages surviving family members can recover. There are no noneconomic damages available through these claims, and only specific economic damages are available. This includes reasonable burial and funeral costs, the loss of household services, the loss of parental guidance, lost future wages of the deceased, and lost benefits provided by the deceased.
How Can I Discuss My Case with a Wrongful Death Attorney on Long Island?
At Gacovino, Lake & Associates, P.C., we know this is a difficult time for you, and we can help you hold accountable those responsible for your family member’s death.
If you believe another person caused your loved one’s death while in Holbrook, we can offer you a free case evaluation. Call our office today at 631-600-0000 to schedule a time to talk to one of our wrongful death lawyers. All our consultations are complimentary, and we handle every case on a contingency basis.