NYC WRONGFUL DEATH ATTORNEYS WITH 50 YEARS OF EXPERIENCE
With over one hundred million dollars in settled cases and more than 50 years of experience, our personal injury attorneys at Spar & Bernstein will fight for the best possible outcome for our clients. If your loved one has passed away as a result of negligence, our experienced lawyers will work tirelessly and compassionately to obtain the results you deserve in a wrongful death lawsuit.
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WHY HIRE SPAR & BERNSTEIN FOR WRONGFUL DEATH CASES?
At Spar & Bernstein, we build relationships based on trust, communication and respect.
From medical malpractice and workplace accidents to playground and nursing home negligence, we investigate and define liability, gather evidence and file your wrongful death case, supporting you every step of the way.
Our knowledgeable and compassionate attorneys will guide you through the difficult time after your loss and fight for a settlement.
TYPES OF WRONGFUL DEATH CASES RECOGNIZED BY NEW YORK STATE LAW
The most common wrongful death cases in New York include medical malpractice, negligence-based incidents, and intentional acts. Negligent conduct may refer to motor vehicle accidents, construction, premise and workplace accidents, nursing home deaths, animal attack, and more, while intentional acts are typically related to crime.
NEW YORK WRONGFUL DEATH LAWS
Statute Of Limitations (N.Y. Est. Powers & Trusts Law § 5-4.1)
In New York, wrongful death lawsuits must be filed within two years of the date of the decedent’s death.
Amount Of Recovery (N.Y. Est. Powers & Trusts Law § 5-4.3)
Amount of recovery states that New York can award fair and just compensation in a wrongful death case without stating a cap on the amount.
Notice Of Claim (General Municipal Law – GMU § 50-e)
A notice of claim against a government or public authority must be served within 90 days of the malpractice or date of the accident. In cases involving wrongful death the 90 days runs from the appointment of an administrator of the decedent’s estate in Surrogates Court.
WHO IS LIABLE FOR WRONGFUL DEATH IN NEW YORK?
The parties at fault for wrongful death in New York include anyone who contributed to the death through wrongful or neglectful behavior. This may include negligent drivers, doctors who delayed diagnosis and treatment, manufacturers of faulty products and more.
TYPES OF COMPENSATION FOR WRONGFUL DEATH IN NEW YORK
Funeral And Burial Costs
The trauma caused by a loved one’s death, combined with unexpected funeral and burial expenses can be overwhelming. If your loved one died as a result of wrongful conduct or negligence, you may seek compensation for funeral and burial costs.
Medical Expenses Related To Illness Or Injury
If your loved one needed medical attention or treatment before they died, and the medical expenses were related to the accident, you can file a claim against the at-fault party.
Pain And Suffering Of The Deceased
By filing a lawsuit against the party responsible, you can seek compensation for the pain and suffering of your loved one.
Lost Income Between The Time Of Injury/Illness And Death
If your loved one was not able to return to work between the incident and their death, you can file a claim for lost income.
Lost Guidance And Parental Care To Surviving Children
In a wrongful death case, surviving children can file a lawsuit against the parties responsible, if the accident deprived them of parental care, guidance and nurturing.
NYC Wrongful Death FAQS
How Does New York Law Define Wrongful Death?
- Medical malpractice
- Intentional acts (such as crimes)
- Negligence-based incidents (such as motor vehicle accidents)
On What Grounds Can I File A Wrongful Death Lawsuit In New York?
- The death of a person
- Wrongful conduct or negligence that caused the death of a person
- Wrongful conduct or negligence could have served as grounds for a personal injury claim if the deceased had survived
- Survivors (immediate family members or a personal representative for the estate of the deceased) who have suffered damages due to the death
What Situations Might Be Grounds For A Wrongful Death Case?
- Medical malpractice
- Nursing home negligence
- Construction accidents
- Workplace accidents
- Premise accidents
- Dog bites
- Car accidents
- Pedestrian accidents
- Bus accidents
- Truck accidents
- Bicycle accidents
- Motorcycle accidents
- Playground and daycare accidents
Who Can File A Wrongful Death Lawsuit In New York?
- The spouse of the deceased
- The children of the deceased
- The parents of the deceased
- The personal representative for the deceased’s estate
When Do I Have To File A Wrongful Death Lawsuit in New York?
- Death as a result of medical malpractice, which allows a claim to be filed two and a half years from the date of death
- A pending criminal case related to the cause of death, which allows a claim to be filed one year from the end date of the criminal case
What Losses Can Be Awarded To Survivors In A Wrongful Death Case In New York?
- Funeral and burial expenses
- Healthcare expenses related to the final illness or injury of the deceased
- Pain and suffering of the deceased due to the final illness or injury
- Lost parental care and guidance to surviving children
- Financial support the deceased would have provided or contributed to the family
- Lost inheritance