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NYC Wrongful Death Lawyer

Representing Families During Difficult Times

The unexpected death of a loved one can cause unimaginable pain. When someone else's negligence or wrongdoing causes that death, the pain can be unbearable. Under New York law, a personal representative may bring a suit for wrongful death on behalf of survivors. Generally, immediate family members such as a surviving spouse, children, or the decedent's parents are entitled to compensation.

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. Call our firm today for a free consultation: (516) 535-5555or contact us online.

Get Legal Help After the Loss of a Loved One

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 our experienced wrongful death lawyers. Talk to an attorney today by calling  or texting . We are available 24 hours a day, 7 days a week.

New York Wrongful Death Statute

Under Section 5-4.1 of the New York Estates, Powers & Trusts Law a personal representative may bring an action for damages on behalf of surviving beneficiaries when a person's wrongful act, neglect, or default causes the death of the decedent. An action may be brought pursuant to this statute if the person could have been held liable under a personal injury claim had the decedent survived.

Types of Accidents that Result in Wrongful Death Lawsuits

A wrongful death claim can be brought any time a person's wrongful act, neglect, or default is the cause of another person's death. Some common reasons that result in wrongful death lawsuits include:

Receiving Compensation for the Loss of a Loved One

The amount of recovery a surviving beneficiary is entitled to receive is defined by Section 5-4.3 of New York’s Estates, Powers & Trusts (EPT) Law. Under this statute, a survivor may receive the “fair and just compensation for the pecuniary injuries resulting from the decedent’s death.”

Recoverable losses include:
  • 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

In addition to nearly unbearable grief, many families who lose a loved one experience extreme financial hardship. When a person is killed suddenly in a motor vehicle accident, or because of a slip and fall, they may not have their affairs in order. Survivors are left to do the unthinkable, prepare for a funeral that they never expected.

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.

Comparative Negligence in New York Wrongful Death Cases

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

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. When you retain our services, our law firm will do the following:

  • Begin an independent investigation of the circumstances surrounding the death of your loved one.
  • 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.

Who can bring a wrongful death lawsuit in New York?

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 much is my case worth?

Every case is different. The amount of damages you can receive depends on a number of factors, including the age of the decedent, their earning capacity, their life expectancy, the circumstances of the accident, and many other considerations. To determine the potential damages in your case, contact our office today.

How long do I have to bring a wrongful death claim?

Under New York Estates, Powers, & Trusts Law Section 5-4.1, a personal representative must bring a wrongful death within two years of the decedent’s death.

How much will it cost to hire an attorney?

At Ajlouny Injury Law, all consultations are completely confidential and free of cost. You pay nothing out-of-pocket to retain our services. Attorney’s fees are paid through an agreed-upon portion of the recovery in your case. You pay no fees unless we win.

Contact Ajlouny Injury Law Today

If your loved one was involved in a fatal accident, call our office to discuss your case with an attorney. Unlike other firms, you will always have access to a licensed lawyer who will provide you with a thorough analysis of your rights and the process of receiving compensation for your loss.

Talk to a wrongful death lawyer today by calling (516) 535-5555

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The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute client relationship.
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