Never a Fee Unless We Win!
At Ajlouny Injury Law, we understand how difficult this time can be for you and your family. No one should have to go through the tragedy of losing a loved one to someone else’s negligence. Our attorneys are committed to helping you get the money you need and the justice you deserve. We know that no amount of compensation could possibly make you whole again. Still, we will fight to ensure that you receive the recovery you need to cover any expenses and other pecuniary losses. These include loss of your spouse's expected wages, loss of parental guidance, and loss of services.
If your loved one was killed in a car accident, workplace accident, or other unforeseen incident, we can help. We provide free legal advice regarding your rights and your chances of recovery. You will always speak directly with an experienced Brooklyn wrongful death lawyer. Talk to an attorney today by calling (718) 233-3913 or texting (516) 410-4090. We are available 24 hours a day, 7 days a week.
New York’s Wrongful Death Statute
When dealing with a tragedy like the loss of a parent or spouse, you are rarely in the right frame of mind to tackle legal obstacles to your rightful recovery. Our attorneys have recovered millions on behalf of their clients, and we are here to walk you through the process, always being respectful of the incredible grief that comes with the death of a loved one. We can provide resources to help you cope with a sudden loss while delivering the fierce advocacy you need to get the maximum compensation under your claim. Get free legal help by calling our office. There are never any fees unless we win.
Types of Cases the Result in Wrongful Death Lawsuits
-Slip and fall accidents
Receiving Compensation for the Loss of a Loved One
-Expenses of medical aid, nursing, and attention
-Reasonable funeral expenses
-Loss of earnings
-Loss of inheritance
-Loss of parental guidance
-Punitive damages (if they would have been recoverable had the decedent survived)
Additionally, the amount of recovery depends on the surviving beneficiaries. Under New York’s intestate laws, if a spouse survives with no living children, then they are entitled to all of the recovery. If a spouse and children survive the decedent, then the spouse is given fifty thousand dollars and one-half of the recovery, the remaining is distributed equally between the children. If the decedent was preceded in death by their spouse and only their children survive, then the recovery is distributed evenly among them.
If a decedent leaves behind no children or spouse, then a surviving parent or parents may recover. Siblings, grandparents, and the issue of grandparents may also be entitled to recover damages according to the priority under New York's intestate laws.
Understanding your Rights
Often, your right to a survival action claim may get lost in the shuffle. Our attorneys can help you understand your rights and will prepare a lawsuit on your behalf. When a person is killed because of another party’s negligence or wrongful conduct, they must be held accountable. Even if your loved one was partially at fault for the accident that caused their death, you might still be entitled to recovery.
New York is a comparative negligence state meaning that a decedent’s culpable conduct does not bar recovery. Under Section 1411 of New York's Civil Practice, Law & Rules (CVP), a decedent's contributory negligence or assumption of the risk may diminish the amount of damages otherwise recoverable, but will not bar recovery completely. It is vital that you consult a knowledgeable Brooklyn wrongful death lawyer immediately to discuss your rights and your recovery.
Filing a Wrongful Death Claim
After calling into our office, we will begin an independent investigation of the circumstances surrounding the death of your loved one. We will gather all evidence and prepare the case for litigation. If the other party's insurance company is involved, we will negotiate to get a favorable settlement on your behalf. In some cases, the claim may be taken to trial to obtain “fair and just compensation” allowed under New York law.
Under New York law, only a personal representative of a decedent's estate may bring a claim for wrongful death on behalf of surviving beneficiaries. The state or any other jurisdiction may appoint the personal representative. In order to recover damages, you must strictly follow New York's Estates, Powers & Trusts (EPT) law. Our lawyers will assist you in filing the appropriate paperwork and commencing a wrongful death claim.
How We Can Help
The sudden loss of a loved one can present an immediate economic burden. The sooner you contact our office, the sooner we can help you get the money you need to cover unexpected expenses. Our goal is always to make you whole again while recognizing that no amount of money can ever completely compensate you for your loss.
If your loved one was involved in a fatal accident, call our office to discuss your case with an attorney. We know that this can all be overwhelming. When you call our office, we always provide free legal advice with no obligation to retain our services. You will always get put through to an actual attorney who knows the law and can help you determine how to move forward. Talk to a Brooklyn wrongful death lawyer today by calling (718) 233-3913.