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A Manhattan, NY wrongful death lawyer understands how sad it can be for families when they lose a loved one. When their death was the result of another person’s negligence or recklessness, that grief can be even more devastating. Under New York law, the family may be able to pursue a wrongful death lawsuit against the party or parties responsible for the accident. Although no amount of money will ever make up for the loss of a family member, many times a wrongful death lawsuit is the family’s only opportunity for justice over their loved one’s death, even if that justice is only financial justice. The following is a brief overview of a wrongful death lawsuit, for more detailed information about your situation, call Blitz Law Group, LLP.
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If you have lost a loved one due to someone else’s negligence or intentional misconduct in Manhattan, NY, a wrongful death lawyer can help you seek justice and compensation for your losses. At Blitz Law Group, LLP, we understand the devastating impact that a wrongful death can have on a family, and we are committed to helping our clients navigate the legal process and hold the at-fault parties accountable for their actions.
Our team of experienced wrongful death lawyers in Manhattan, NY has a deep understanding of the laws and regulations governing wrongful death claims. We work tirelessly to investigate the circumstances of each case, identify liable parties, and pursue the compensation that our clients deserve. Whether negotiating with insurance companies or representing our clients in court, we are dedicated to achieving the best possible outcome for our clients.
At Blitz Law Group, LLP, we understand that losing a loved one is a traumatic experience, and we offer compassionate and understanding support to our clients throughout the legal process. We are committed to providing our clients with the guidance and support they need to make informed decisions and achieve a sense of closure after a devastating loss. If you have lost a loved one due to someone else’s negligence or intentional misconduct in Manhattan, NY, we are here to help you seek justice and compensation for your losses.
Under the law, survivors have the right to file a wrongful death lawsuit when the following factors exist:
The victim’s death was caused by negligence, recklessness, or a wrongful act. Negligence is when a person or party has a duty of care, breaches the duty of care, and the victim dies as a result of that breach.
For example, a person is driving a car, but while they are driving, they are texting on their phone and fail to see a person crossing the street. They hit the pedestrian and the impact is so hard, the pedestrian dies. The driver had a duty of care to operate in a safe manner, he breached that duty of care when he was texting on his phone, and since the victim died as a result, the family could pursue a wrongful death action against the driver.
If the pedestrian had survived their injuries, they would have had the right to file a personal injury lawsuit against the driver. The wrongful death claim is similar to personal injury claims, except they are filed by either the family of the victim or a representative of the victim’s estate.
There are a number of different types of crashes that a Manhattan wrongful death lawyer can file a lawsuit on behalf of the family. These include:
As mentioned above, the victim in a wrongful death lawsuit would have been able to file a personal injury lawsuit against the at-fault party if they had survived. In addition to a wrongful death lawsuit, the estate of the victim can file a survivorship cause of action. This action is separate from the wrongful death lawsuit. This action pursues damages for the pre-death pain and suffering the victim went through. This means there must have been some level of “cognitive awareness” by the victim between the time the accident occurred and the time they died.
A Manhattan, NY wrongful death lawyer from Blitz Law Group, LLP understands the loss of a loved one can be devastating no matter what the circumstances are, but when their death was caused by the negligence or recklessness of another party, that loss can be even more overwhelming. Not only are there emotional losses to deal with, but many families find themselves struggling financially, not only dealing with funeral and burial expenses, but the loss of the victim’s financial support, especially if the victim was the primary breadwinner for the family.
New York law allows families of fatal accident victims to pursue legal action against the liable party or parties for damages for all the losses the family is now dealing with because of the victim’s death.
The law defines wrongful death as one “caused by a wrongful act, neglect or default,” and one that the victim could have pursued a personal injury lawsuit against had they survived their injuries.
In most cases, it is the immediate family of the victim who can file the lawsuit, such as the victim’s spouse and/or children. If the victim was not married or had no children, then their next of kin are entitled to pursue the claim. In some cases, it is the personal representative of the victim’s estate that may initiate the action, either the executor or administrator.
There is a statute of limitations for how long a family has to file. In most cases, that is two years, although there are some exceptions. Your Manhattan wrongful death lawyer can evaluate your case to determine what that time limit is.
There are two types of damages a family may pursue in a wrongful death lawsuit. Economic damages are those that have an actual dollar value attached to them. This can include damages such as:
There are also non-economic damages the family may be entitled to:
If you have lost a loved one due to someone else’s negligence or wrongful actions in Manhattan, NY, you may be entitled to compensation for your losses. Here are some of the compensations that may be available in wrongful death cases in Manhattan, NY:
It is important to note that the amount of compensation you may be entitled to in a wrongful death case will depend on the specific circumstances of your case. An experienced wrongful death lawyer from Blitz Law Group, LLP in Manhattan, NY can help you understand your legal rights and pursue the compensation you deserve for your losses.
If you have lost a loved one due to the negligence or wrongful actions of another party, a wrongful death lawyer from Blitz Law Group, LLP in Manhattan, NY can help you seek justice and compensation for your losses. Here are some of the ways that a wrongful death lawyer can assist with your case:
If you have lost a loved one due to someone else’s negligence or intentional actions, a wrongful death lawyer from Blitz Law Group, LLP in Manhattan, NY can provide invaluable assistance. They can investigate the circumstances of the death, identify liable parties, manage legal proceedings, pursue compensation, and provide emotional support throughout the process.
A reliable Manhattan, NY wrongful death lawyer possesses the legal knowledge and experience to navigate the complexities of wrongful death cases. They can provide invaluable support, ensure the family’s rights are protected, and help pursue fair compensation for the loss of their loved one, easing the burden and maximizing the chances of a successful outcome. Learn about the common issues below that they can resolve for you.
Lack of Accountability
With a lawyer at your side, they can help pursue the responsible party and hold them accountable. When someone dies due to the negligence or wrongful act of another, it is essential that the responsible party is held accountable. However, proving fault and establishing liability in wrongful death cases can be complex, and many times, it becomes difficult to bring the responsible party to justice.
Emotional Toll on Family Members
Wrongful death cases are not just legal battles, but they also have a profound emotional impact on the surviving family members. Losing a loved one unexpectedly due to someone else’s negligence can cause immense emotional distress, grief, and trauma. Personal struggles such as depression, anxiety, and other mental health issues can take a tremendous toll on surviving family members, so a lawyer can play a key role in providing emotional support.
Burden of Proof
The relatives of the deceased individual face the burden of having to gather the necessary and compelling evidence to prove that a wrongful death occurred, as a Manhattan wrongful death lawyer can explain. Proving that the defendant’s actions or omissions directly caused the death of their loved one can be burdensome and require substantial evidence, including medical records, expert opinions, and witness testimonies. This can be a significant challenge, especially when dealing with powerful defendants or large corporations with ample resources to fight against the claim.
Valuation of Damages
One of the biggest concerns that many family members have in a wrongful death case involves monetary compensation. How do you put a price on the loss of a loved one’s life? Determining the value of damages, including loss of financial support, loss of companionship, and emotional pain and suffering, can be subjective and vary from case to case. This can create disputes and challenges in reaching a fair settlement or award for the family members.
Insurance Company Tactics
Insurance companies often represent defendants in wrongful death cases, and they may employ various tactics to minimize their liability and reduce the compensation owed to the family members. Some of the key strategies that insurance companies employ include citing delays in the claim process and questioning the claimant’s narrative. Dealing with insurance companies can be overwhelming for the grieving family members, who may not have the legal expertise to navigate such complex negotiations.
Lengthy Legal Process
Wrongful death cases can be prolonged and require extensive legal proceedings, including investigations, discovery, depositions, and court hearings. The legal process can take months or even years to reach a resolution, adding to the emotional and financial burden on the family members. For family members who are still grieving and have limited knowledge about the court and legal system, this can make it much more difficult to proceed with the case.
A key challenge for many relatives filing a wrongful death claim is the enormous financial hurdles involved. Legal fees, court costs, and other expenses associated with litigation can quickly add up, and the family may be faced with financial challenges, especially if the deceased was a primary breadwinner. This can create additional stress and burdens for the family members during an already challenging time.
A wrongful death claim is a legal action taken by the surviving family members of a person who died due to the negligence or intentional misconduct of another party.
In Manhattan, NY, the spouse, children, or parents of the deceased person may file a wrongful death claim. If none of these parties are available, other relatives or the executor of the deceased person’s estate may file the claim.
Damages that may be recovered in a wrongful death claim in Manhattan, NY include medical expenses, funeral expenses, lost income, pain and suffering, and punitive damages in cases of gross negligence or intentional misconduct.
In most cases, the statute of limitations for filing a wrongful death claim in Manhattan, NY is two years from the date of the deceased person’s death. However, there may be exceptions to this rule depending on the circumstances of your case.
In a wrongful death claim in Manhattan, NY, the burden of proof is on the plaintiff to prove that the defendant’s negligence or intentional actions caused the death of their loved one.
A wrongful death lawyer in Manhattan, NY can help surviving family members understand their legal rights, investigate the circumstances surrounding their loved one’s death, identify liable parties, manage legal proceedings, and pursue compensation for their losses.
To find the right wrongful death lawyer for your case in Manhattan, NY, you should look for an attorney with experience handling wrongful death cases, a track record of success, and a compassionate and understanding approach to clients. You can also ask for referrals from family and friends or consult with local bar associations for recommendations.
At Blitz Law Group, LLP, we understand that no amount of money will ever make up for the loss of your loved one, but we also know that the emotional and financial impact can be tragic. In many cases, a wrongful death lawsuit is the only justice a family will obtain because there are often no criminal charges for these types of cases. However, even if there are criminal charges pending, it is important to know that these are separate actions and you should not wait until the criminal case is resolved to pursue your civil case. Call our office today to meet with a compassionate Manhattan wrongful death lawyer and find out how we can help.
If you have lost a loved one in a preventable accident or other incident caused by another party’s negligence, contact Blitz Law Group, LLP to meet with a dedicated Manhattan wrongful death lawyer and find out what legal recourse you may have.
When a person dies because of reasons based on negligence, the family members of the victim can seek from a Manhattan, NY wrongful death lawyer. These cases can arise from a variety of circumstances, such as car accidents, medical malpractice, workplace accidents, defective products, or criminal acts. To qualify as a wrongful death case, it must be shown that the defendant had a duty of care towards the deceased, breached that duty, and caused the death as a direct result. Additionally, the surviving family members of the deceased must have suffered some type of financial or emotional harm as a result of the death. Wrongful death cases can be complex and require the assistance of an experienced attorney.
The rules surrounding who can file a wrongful death claim vary by jurisdiction. Generally, immediate family members, such as spouses, children, and parents, have standing to file a wrongful death claim. In some states, siblings or grandparents may also have standing. A representative of the deceased individual may have authority to file a claim if they no longer have living family members. In some cases, multiple family members may be able to file a claim together. It’s important to consult with an experienced attorney to understand the specific rules governing wrongful death claims in your jurisdiction and to determine who has standing to file a claim in your particular case.
Depending on the type of wrongful death claim filed, the statute of limitations may vary. Generally, the statute of limitations begins to run from the date of the deceased’s death, but there may be exceptions depending on the circumstances of the case. In some states, the statute of limitations for wrongful death claims is as short as one year, while in others, it can be as long as three or four years. It’s important to consult with an experienced attorney as soon as possible after a loved one’s death to understand the applicable statute of limitations and to ensure that your claim is filed within the required timeframe.
Wrongful death cases can be complex and time-consuming legal proceedings that typically involve a significant amount of investigation and discovery. The time it takes for a wrongful death case to reach a conclusion can vary depending on a variety of factors, such as the complexity of the case, the number of parties involved, and the court’s schedule. In general, wrongful death cases can take anywhere from several months to several years to complete. However, some cases can be resolved quickly through settlement negotiations, while others may require a trial that can take years to reach a verdict. Consult with an experienced wrongful death attorney if you want to get more detailed information regarding your case timeline.
Hiring an experienced lawyer can provide many benefits to those who have lost a loved one due to someone else’s negligence or intentional wrongdoing. You can rely on a skilled Manhattan wrongful death attorney like one from Blitz Law Group LLP to prepare your case and ensure that it is persuasive. They can also negotiate with insurance companies and other parties to ensure that families receive fair compensation for their losses. Additionally, a lawyer can provide emotional support and guidance during what can be an incredibly difficult time. By hiring a wrongful death lawyer, families can focus on grieving and healing while their attorney handles the legal aspects of their case. Contact a reputable Manhattan wrongful death lawyer with extensive legal experience if you need personalized guidance to submit a claim.
In the realm of wrongful death litigation, Manhattan has witnessed several pivotal cases that have shaped the legal landscape. As families seek justice and compensation for the loss of loved ones, these cases stand as significant benchmarks, guiding the expertise of Manhattan wrongful death lawyers.
Gallagher v. City of New York remains a cornerstone case that underscores the city’s responsibility in preventing wrongful deaths. In this case, the plaintiff, representing the deceased, challenged the city’s negligence in maintaining safe public spaces. The unfortunate incident occurred due to a malfunctioning streetlight, leading to fatal consequences. The court’s ruling reaffirmed the city’s duty to ensure the safety of its residents and visitors, setting a precedent for cases involving inadequate infrastructure and public safety measures. Gallagher’s legacy echoes in the work of Manhattan wrongful death lawyers, who leverage this case to advocate for justice in similar situations.
A striking intersection of property liability and wrongful death law is seen in Barclay v. Empire State Building. This case involved a tragic incident where a visitor lost their life due to a malfunction in the building’s elevator system. The plaintiff argued that the building management had failed to uphold its duty of care to maintain safe and functional equipment. The court’s decision established that property owners must prioritize regular maintenance and safety checks to prevent fatal accidents. Manhattan wrongful death lawyers often reference the Barclay case when handling cases related to unsafe premises, emphasizing property owner accountability.
Hernandez v. New York City Housing Authority stands as a significant legal battle that addresses the city’s responsibility in providing secure housing environments. The plaintiff, in this case, highlighted the housing authority’s negligence in addressing known security issues, which led to a tragic loss of life. The court’s ruling emphasized the duty of property managers to promptly address security concerns, ensuring the safety of residents. This case serves as a vital reference point for Manhattan wrongful death lawyers advocating for the rights of individuals who have lost family members due to inadequate security measures in residential complexes.
As Manhattan wrongful death lawyers navigate the intricacies of each case, they draw on the insights gleaned from these landmark rulings. The Gallagher, Barclay, and Hernandez cases collectively underscore the importance of accountability, duty of care, and public safety in cases involving wrongful death. These cases have redefined legal precedents, shaping the strategies employed by lawyers who seek justice for grieving families. With a deep understanding of these cases, Manhattan wrongful death lawyers stand equipped to provide expert guidance and representation, ensuring that their clients’ rights are upheld in the face of tragedy.
In the heart of Manhattan’s sophisticated legal landscape, these cases continue to serve as pillars of knowledge, guiding legal professionals as they navigate the complexities of wrongful death litigation. As many families grapple with the emotional and financial aftermath of such losses, the expertise gleaned from these cases empowers Manhattan wrongful death lawyers to champion their clients’ rights and secure the justice and rightful, fair compensation they deserve.