Losing a loved one is never easy, especially when their death could have been prevented. In New York City, where life moves fast and the streets can be unforgiving, wrongful deaths happen more often than you might think.
Whether it’s due to a fatal car accident, medical malpractice, or a construction site tragedy, these losses leave families devastated and searching for answers.
Going through the legal process during such an emotional time can feel overwhelming. As dedicated New York City wrongful death lawyers, we’re here to help you through this difficult journey, offering both legal expertise and a compassionate ear.
We know the pain you're going through, and our wrongful death law firm is committed to fighting for the justice your loved one deserves.
Let us help you seek the justice and compensation your family deserves. Contact our New York wrongful death lawyers today for a free consultation. By your side every step of the way, we’re here to make sure your voice is heard.
Do You Have a Case?
Determining whether you have a wrongful death lawsuit requires understanding a few important legal elements. In New York, to raise a claim, you must establish the following:
- Duty of Care: First, it must be shown that the defendant owed a duty of care to the deceased. This means that the defendant had a legal obligation to act in a certain way to prevent harm. For instance, drivers have a duty of care to operate their vehicles safely and follow traffic laws to protect others on the road.
- Breach of Duty: Next, you must demonstrate that the defendant breached this duty of care. A breach occurs when the defendant fails to meet their legal obligations. For example, if a driver was speeding or driving under the influence, this would be a breach of their duty to drive safely.
- Causation: Causation links the breach of duty directly to the harm suffered. It must be proven that the defendant’s actions (or lack thereof) directly caused the wrongful death. If a driver's reckless behavior led to a fatal accident, this element of causation would be satisfied.
- Damages: Finally, there must be measurable damages resulting from the breach. In wrongful death cases, damages could include medical expenses, funeral costs, lost income, and the emotional pain and suffering of losing a loved one.
If these elements are present in your situation, you may have a viable wrongful death case.
Consulting with our experienced New York wrongful death attorneys can help you navigate the complexities of the law and determine the best course of action.
Damages You Can Recover
If you have a wrongful death case, you may be able to recover different types of damages. These can help cover the losses you've suffered due to the death of your loved one.
Economic Damages
These are the financial losses directly related to the death. Economic damages include:
- Lost wages
- Medical bills
- Funeral expenses
- Any future earnings your loved one would have provided
Essentially, it's the money you’ve lost or will lose because of their passing.
Non-Economic Damages
Non-economic damages cover the more personal, intangible losses. This includes:
- The loss of companionship
- The emotional impact of losing your loved one
- Compensation for the pain and suffering you’ve experienced
While these damages aren’t tied to a specific dollar amount, they recognize the profound emotional toll this loss has taken on you and your family.
Punitive Damages
In some cases, the court might also award punitive damages. These are meant to punish the defendant for particularly reckless or intentional behavior and to deter others from similar actions. Punitive damages are less common but can be significant when awarded.
Who Can File a Wrongful Death Claim in New York City?
According to Section 5-4.1 of New York's Estates, Powers & Trusts Law, only a personal representative "duly appointed in this state or any other jurisdiction" may bring an action for wrongful death.
A personal representative of a decedent's estate brings the lawsuit on behalf of surviving beneficiaries entitled to recovery.
How to Get in Touch With Us
We’re here to help, and it’s easy to reach us. Just give us a call at (718) 866-3848 or fill out our contact form.
We also offer a free consultation so we can discuss your case and answer any questions you have.
Meet Your New York City Wrongful Death Attorneys
Paul Ajlouny
Paul Ajlouny is a dedicated personal injury lawyer who has made a real difference across New York. He focuses on cases like slip and falls, auto accidents, and pedestrian accidents, bringing his vast experience to the table.
Paul is known for giving each client the personal attention they need, especially during tough times.
After graduating from St. John’s University, Paul started his career as an associate at Daniel Galinson’s firm, which is well-respected in New York.
He’s built a strong reputation for his excellent work, helping his firm recover over $150 million for clients. His relentless efforts to get the best results show Paul's commitment to his clients.
Michael Levitz
Michael Levitz is well-regarded for his strong litigation skills and his dedication to his clients. As a personal injury lawyer, Michael doesn’t just handle cases; he takes on the role of a personal advocate, understanding his clients' challenges and guiding them through the legal process. He makes sure clients know what to expect and keeps them informed every step of the way.
Michael has extensive experience dealing with big insurance companies and their teams of trial lawyers. His background as a former competitive athlete helps him tackle tough legal battles with determination.
One of his notable achievements is securing a top-50 settlement in New York State for a client who had been turned away by another lawyer.
His track record includes multiple top 20 and top 50 settlements and verdicts, showing his commitment to getting the best results for his clients.
How Our New York City Wrongful Death Law Firm Can Help
Our New York City wrongful death law firm is dedicated to guiding you through every step of the legal process of your New York wrongful death lawsuit after a tragic loss.
Here’s how we can help with your claim:
- Understanding Wrongful Death: We can help you figure out if your situation is a wrongful death case. This means someone’s careless or intentional actions led to another person’s death. We’ll look at the details of your case to see if you have a valid claim.
- Filing the Claim: We’ll explain who can file a wrongful death claim. Usually, it’s the immediate family members, such as the spouse, children, or parents of the deceased. We’ll guide you through the whole process and make sure everything is done correctly.
- Loss of Earnings: We’ll calculate how much money the deceased would have earned to support their family. This includes lost wages and future income, which can be a big part of your eligible compensation.
- Burial and Funeral Expenses: We’ll also help you recover burial and funeral expenses. These costs can add up quickly, and we’ll compensate you for them.
- Loss of Inheritance: We can seek compensation for any inheritance the deceased would have left behind. This is important because it affects the future financial security of the survivors.
- Emotional Recovery: Compensation can also cover the emotional impact of losing a loved one. We understand how hard this time is, and we’ll help you get damages for the emotional pain and loss of companionship.
- Punitive Damages: If the defendant's actions were especially reckless or intentional, we can pursue punitive damages. These are meant to punish the wrongdoer and prevent others from acting the same way.
- Compensation Distribution: We will also explain how the compensation will be divided among the claimants. We’ll make sure the distribution is fair and follows the law.
Ajlouny Injury Law is here to provide support and handle the legal details so you can focus on healing. We’re dedicated to helping you through this tough time.
Important Initial Advice!
When dealing with a wrongful death case, taking certain steps right away is necessary to protect your interests. Here’s some important advice to follow:
- Stay Off Social Media: Anything you share online can be used against you or misinterpreted by insurance companies and others involved. Keeping details private helps ensure the best outcome for your case.
- Don’t Accept the First Offer from the Insurance Company: Insurance companies often make low initial offers, hoping you’ll accept quickly. It’s important not to accept the first offer without consulting your attorney. We can help you understand if the offer is fair or if you should negotiate for a better settlement.
- Be Careful with Your Language in Communications: Avoid admitting fault or making statements that could be used against you later. Stick to the facts and let your attorney handle any detailed discussions.
- Get in Touch with New York City Wrongful Death Lawyers: Reach out to our experienced NYC personal injury attorneys as soon as possible. We can guide you through the legal process, help you understand your rights, and work to ensure you get the compensation you deserve.
- Document Everything: Keep detailed records of all related documents, such as medical bills, funeral expenses, and any communication with insurance companies. This information will be essential for building your case and ensuring you receive the appropriate compensation.
- Follow Medical Advice: Ensure that you and your family follow all medical advice related to any emotional or physical impacts of the loss. Keeping up with medical recommendations can help demonstrate the extent of the suffering and impact of wrongful death.
Following these steps can make a significant difference in the outcome of your case.
Contact a New York personal injury attorney from our firm to help you protect your rights during this challenging time. Schedule a free consultation today!
Deadlines
The state of New York's wrongful death statute of limitations governs that you generally have two years from the date of your loved one’s death to file a wrongful death claim. If you miss this statute of limitations deadline, you might lose your chance to get your wrongful death compensation.
That’s why it’s essential to act quickly and reach out to us as soon as possible. The legal process involves a lot of steps, like gathering evidence, talking to witnesses, and preparing your case. The sooner you start, the better.
Delaying could hurt your case because evidence might get lost or become more challenging, and witness memories can fade over time. By contacting an experienced wrongful death lawyer now, you can make sure your case is handled correctly, on time, and in accordance with New York law.
Gathering Evidence
When pursuing a wrongful death case, gathering evidence is an important step when you want to recover compensation due to the death of a loved one.
Here’s what you should start collecting as soon as possible:
- Evidence of Duty: Document any details about the duty of care owed by the responsible party. This includes any relevant safety regulations, protocols, or responsibilities that were supposed to be followed.
- Proof of Breach: Collect information showing how the responsible party failed to meet their duty. This might involve records, witness statements, or evidence of negligence or wrongful actions contributing to the incident.
- Evidence of Causation: Gather evidence that connects the breach of duty to the death. This includes medical reports, accident reports, and other documentation showing how the responsible party’s actions directly caused the fatal incident.
- Proof of Damages Suffered: Start collecting proof of your family's damages. This includes medical expenses, funeral costs, lost earnings that the deceased would have provided, and any other financial impacts. Also, document the emotional toll the loss has taken on you and your loved ones.
We understand that gathering all this evidence can feel overwhelming, especially when you’re dealing with the grief of losing a loved one.
We can collect and organize this evidence for you, allowing you to focus on healing while we handle the hard work.
Our team is dedicated to supporting you through this difficult time and ensuring that your case is built on a solid foundation of evidence.
Contact our NYC wrongful death lawyer today to let us help you file a wrongful death lawsuit in New York and secure the justice you deserve.
What Can I Expect to Pay?
Our wrongful death lawyers work on a contingency fee basis. This means you don’t pay any upfront fees or hourly rates. Instead, our fee is a percentage of the compensation you receive if your case is successful.
If we don’t win your case, you won’t pay any legal fees. This model ensures we are motivated to get the best possible outcome for you, as our payment depends on winning the case.
While the contingency fee covers the lawyer's time and effort, other costs might be involved, such as filing fees, expert witness fees, and obtaining records. These costs are typically deducted from your settlement or award, and your lawyer will keep you informed about any expenses as they arise.
Our personal injury law firm is transparent about our fees and any additional costs. Before you agree to work with a lawyer, we will provide you with a clear explanation of our fee structure and any potential expenses.
If you’re concerned about the costs, remember that a contingency fee arrangement allows you to focus on your case without worrying about upfront legal expenses. We aim to provide you with the best representation while minimizing financial risk.
Contact us today to discuss how we can help with your wrongful death case and ensure you understand all aspects of settlement in a wrongful death case. We’re here to support you through every step of the legal process without adding financial stress.
Why Choose Us Over Other Wrongful Death Attorneys in New York City?
Choosing the right attorney to handle your wrongful death and personal injury case is a critical decision, and we believe our firm stands out for several key reasons:
Personalized Attention
We understand that no two cases are alike and treat each client as an individual, not just another file. From the moment you contact us, we take the time to understand the unique circumstances of your situation.
We pride ourselves on providing compassionate, personalized service, ensuring that you feel supported every step of the way, especially when you lose a loved one in an accident.
Proven Track Record
Our firm has a strong history of success in personal injury cases, with substantial settlements and verdicts that speak to our expertise.
We’ve recovered millions of dollars on behalf of our clients and are committed to fighting tirelessly for the compensation you deserve.
Expertise and Experience
With years of experience handling wrongful death cases in New York City, we know the ins and outs of local laws and the court system.
Our attorneys have earned a reputation for their litigation skills and ability to navigate complex legal challenges, even when facing large insurance companies with extensive resources.
Client-Centered Approach
We don’t just see ourselves as your lawyers; we’re your advocates. We understand the emotional toll that comes with going through the death of a family member, and we’re here to ease the burden. We’ll keep you informed, answer your questions, and guide you through the legal process with care and respect.
No Upfront Costs
Our firm works on a contingency fee basis, meaning you don’t pay unless we win your case. This approach allows you to pursue justice without worrying about upfront legal fees, so you can focus on healing while we handle the legal complexities.
Responsive and Accessible
We believe in being there for our clients when they need us. You’ll have direct access to your attorney, and we prioritize returning calls and emails promptly. Our goal is to provide the support you need when you need it.
When you choose us, you’re choosing a legal team dedicated to achieving the best possible outcome for you and your family.
We’re here to stand by your side, fight for your rights, and help you through this difficult time with the compassion and dedication you deserve.
Other Locations We Serve
Our team is dedicated to serving clients across the entirety of New York City. We’re here to help, no matter where you are, including but not limited to the following areas:
- Brooklyn
- Garden City
- New York
- Queens
Speak to a New York City Wrongful Death Accident Lawyer Today!
If you've lost a loved one due to someone else's negligence, don't wait to get the help you need. Speak to a New York City wrongful death accident lawyer today! We're here to support you through this difficult time and guide you every step of the way.
Call us at (718) 568-5517 or reach out through our website to schedule your free consultation. Let us help you seek the justice and compensation your family deserves and to hold the negligent party accountable.
