New York Wrongful Death Lawyers
Wrongful death compensation as a result of personal negligence
Losing a loved one can be very difficult, especially if it happens suddenly and is caused by someone else’s mistake. This is known as wrongful death in legal terms, when someone’s life is taken because of another person‘s actions.
If you believe your loved one passed away due to someone else’s error, you can consider filing a wrongful death lawsuit. This legal action can be taken against individuals or entities such as companies, hospitals, schools, or government agencies.
This could be against a person or organization like a company, hospital, school, or government agency. In case you decide to seek justice and if you live in the New York state area, you will need an experienced and successful wrongful death attorney who is willing to fight for your rights and the compensation you might be entitled to.
Compensation for wrongful death can cover various expenses such as medical bills, funeral costs, and lost wages. It can also include future income, household services, and pain and suffering. Additionally, damages for loss of companionship or moral support may be awarded.
Wrongful death cases can involve various types of personal injury cases. These incidents include car accidents, airplane accidents, motorcycle accidents, bus accidents, and train accidents. Other examples are construction accidents, slip and fall incidents, swimming pool accidents, and defective products. Work injuries, nursing home negligence, dog attacks, fires, gunshot wounds, and boating accidents are also common causes of wrongful death cases.
There are several elements that the plaintiffs in wrongful death cases have to prove in order to file a wrongful death lawsuit, namely:
- Death has occurred;
- Death was a direct result of wrongful or negligent actions by the defendant;
- Plaintiffs deserve compensation.
- The person who passed away is survived by family members or dependents who have experienced loss due to their death.
- Plaintiffs must meet the same burden of proof that the deceased would have had to meet if his or her death had not occurred.
What is the basis for award of compensation in a wrongful death?
Many times, the individual who files the wrongful death claim will seek the damages that the decedent could seek compensation had they survived the incident that led to their fatal injuries. These types of damages cover the damages that accrued between the time the incident that caused the injuries occurred and the time of the victim’s passing.
Medical Expenses
If the decedent received emergency medical care or incurred other healthcare expenses due to an accident or injury caused by someone else before their death, the wrongful death claim may include compensation for their bills.
Lost Wages
Many times, victims of car accidents, medical malpractice, and other wrongful death cases miss time at work due to the extent of their injuries. Even after the decedent passes, their loved ones may qualify to receive compensation loss of income the decedent would have received if they had the ability to work after the incident.
Pain and Suffering
When a family member is injured because of someone else’s carelessness, they may decide to take legal action. This legal action is typically taken to seek compensation for the physical, mental, and emotional pain they have experienced. Those who file wrongful death suits for their cases may receive financial awards for their emotional distress that caused pain and suffering on their behalf.
Additional Damages Caused by the Loss of the Decedent
If a loved one who has suffered a personal injury due to another negligence loses their life, their families may qualify for the damages that accumulated after the decedent’s death.
Who can sue for wrongful death?
If someone dies because of someone else’s negligence, their family members can file a wrongful death claim. This includes immediate and distant family, domestic partners, life partners, and representatives of the deceased person’s estate.
Statute of Limitation
The laws regulating wrongful death claims are very complex and vary from state to state. The same can be said for the statute of limitations or the deadline to sue for wrongful death. In some states (like Oregon), the statute of limitation is three years but this depends on many different circumstances, for instance, when alcohol is involved or a government body is a potential defendant. It is of paramount importance to file a wrongful death claim within the statute of limitation period, even if you are still in the grieving period.
According to the New York Bar Association, the statute of limitation in wrongful death cases in the New York state area is two years from death providing that a government body is not a potential defendant.
Gurfein Douglas Top New York Wrongful Death Law firm for the past 35 years
Gurfein Douglas is known for being compassionate, effective, and successful in winning record settlements for their clients’ families. These settlements have helped cover medical expenses, funeral costs, lost wages, and in some cases, the loss of companionship.
Gurfein Douglas wrongful death lawyers will take on a case on a contingency basis for wrongful death claims and receive no compensation unless there is a wrongful death settlement or jury verdict awarded.
The firm’s partners have extensive experience and scientific training to help you with your case.Richard Gurfein andPreston Douglas also have degrees in engineering and biology.
Wrongful death cases often contain complex technical details that the untrained eye might not detect. Apart from being a competent and knowledgeable lawyers, Richard Gurfein is a successful trial lawyer who helps injured clients. He is part of the “Million Dollar Advocates Forum”. Preston Douglas specializes in medical malpractice and serious injury cases. In the last 27 years, he has cross-examined over 2,000 doctors during trials and depositions.
The wrongful death attorneys at Gurfein Douglas are fearless when taking on challenges. The wrongful death attorneys at Gurfein Douglas are not afraid of challenges. They filed a lawsuit against a hospital in Nassau County, New York. The hospital breached its duty by not transferring him to the ICU,
For this wrongful death jury verdict, the family was awarded 3.6 Million Dollars.
On the contrary, they relish on it. No matter how complicated the case or how formidable the defendant may be, Gurfein Douglas will do everything in their power to get your loved one the justice and the compensation you deserve.
If a doctor or hospital has caused you serious harm by not fulfilling their duty of care, Gurfein Douglas LLP our law firm can assist you. Our team of experts with scientific and engineering backgrounds use their experience to find details that others might overlook.
Our approach involves developing a theory of the case and understanding the medical details and standard of care. This has resulted in a great case record and just outcomes. Watch our video to learn more about why Richard Gurfein and Preston Douglas are the Lawyers With An Edge.