New York Wrongful Death Lawyer

New York Wrongful Death Lawyer
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Wrongful Death Claims in NY

LLF Injury Lawyers is known for handling wrongful death cases throughout NY, and at a low 29% contingency fee.  Our top wrongful death lawyers are here to help.

A wrongful death claim in New York is a legal action brought by the surviving family members or beneficiaries of a person who has died due to the negligent, reckless, or intentional actions of another party. The purpose of a wrongful death claim is to seek compensation for the losses and damages suffered by the surviving family members as a result of the untimely death.

LLF Injury Lawyers, with a low 29%  contingency fee, will fight to get you maximum compensation.

Here are key aspects of a wrongful death claim in New York:

  1. Eligibility to File:

    • In New York, only certain individuals are eligible to file a wrongful death claim. These typically include the deceased person’s spouse, children, parents, or other dependents. The personal representative of the deceased person’s estate may also bring a claim on behalf of the estate.

  2. Basis for a Wrongful Death Claim:

    • A wrongful death claim can arise from various circumstances, including car accidents, medical malpractice, workplace accidents, defective products, or any other situation where the death was caused by the negligence or wrongful act of another party.

  3. Elements to Prove:

    • To establish a wrongful death claim, the plaintiff must generally prove the following elements:
      • The death of a person.
      • The defendant’s wrongful conduct, negligence, or intentional act that caused the death.
      • The surviving family members suffered economic and non-economic damages as a result of the death.

  4. Damages Recoverable:

    • Damages in a wrongful death claim may include economic damages, such as medical expenses, funeral costs, lost financial support, and lost inheritance. Non-economic damages may include compensation for the pain and suffering experienced by the deceased person before death and the emotional distress suffered by the surviving family members.

  5. Statute of Limitations:

    • In New York, there is a specific time limit, known as the statute of limitations, within which a wrongful death claim must be filed. Generally, the claim must be initiated within two years from the date of the person’s death.

  6. Punitive Damages:

    • While New York allows for compensatory damages, it does not typically award punitive damages in wrongful death cases. Punitive damages are intended to punish the wrongdoer for particularly egregious conduct.

  7. Legal Representation:

    • Pursuing a wrongful death claim can be complex, and it often involves gathering evidence, working with expert witnesses, and negotiating with insurance companies. Families seeking compensation typically engage the services of a personal injury attorney experienced in wrongful death cases.

  8. Survival Actions:

    • In addition to a wrongful death claim, New York allows for survival actions, which allow the estate to pursue a claim for damages that the deceased person could have pursued if they had survived. Survival actions may cover pain and suffering experienced by the deceased person before death.

It’s crucial for those considering a wrongful death claim to consult with an experienced attorney who can guide them through the legal process and help pursue the compensation to which they may be entitled. The laws and procedures regarding wrongful death claims can be intricate, and legal assistance is essential to navigate the complexities of the legal system.

866-666-0126
If you have lost a loved due to someone else's negligence, call us today for a free, no obligation consultation.

Types of New York Wrongful Death Claims

A wrongful death claim may arise from various circumstances where the death of an individual is caused by the negligent, reckless, or intentional actions of another party. Here are different types of deaths that could lead to a wrongful death claim:

  1. Car Accidents:

    • Deaths resulting from car accidents, including those caused by driver negligence, reckless driving, or defective vehicles.

  2. Medical Malpractice:

    • Deaths caused by medical errors, negligence, or malpractice by healthcare professionals, including doctors, nurses, or hospitals.

  3. Workplace Accidents:

    • Deaths that occur in the workplace due to unsafe conditions, lack of proper safety measures, or employer negligence.

  4. Product Liability:

    • Deaths caused by defective or dangerous products, including pharmaceuticals, appliances, vehicles, or other consumer goods.

  5. Premises Liability:

    • Deaths resulting from dangerous conditions on another party’s property, such as slip and fall accidents, inadequate security, or building code violations.

  6. Intentional Acts:

    • Deaths caused by intentional acts, such as assault, homicide, or other criminal actions.

  7. Construction Accidents:

    • Deaths occurring on construction sites due to unsafe practices, inadequate training, or equipment failure.

  8. Dangerous Drugs:

    • Deaths resulting from the use of dangerous or improperly labeled prescription or over-the-counter medications.

  9. Defective Medical Devices:

    • Deaths caused by the use of faulty medical devices or implants.

  10. Nursing Home Negligence:

    • Deaths of elderly or vulnerable individuals in nursing homes due to neglect, abuse, or substandard care.

  11. Aviation Accidents:

    • Deaths resulting from airplane or helicopter crashes, often due to pilot error, mechanical failure, or other factors.

  12. Criminal Acts:

    • Deaths resulting from criminal acts, such as assault, robbery, or kidnapping, where the property owner or responsible party failed to provide adequate security.

  13. Boating Accidents:

    • Deaths occurring in boating accidents, including collisions, capsizing, or other maritime incidents.

  14. Train Accidents:

    • Deaths resulting from train accidents, including derailments, collisions, or other incidents involving trains.

  15. Drowning Accidents:

    • Deaths occurring in swimming pools, lakes, or other bodies of water, often due to inadequate safety measures or supervision.

It’s important to note that each wrongful death case is unique, and the specific circumstances surrounding the death will determine whether a wrongful death claim is viable. To pursue a wrongful death claim, certain elements, such as causation, negligence, and damages, must be established. Consulting with an experienced personal injury attorney is crucial for understanding the legal options available in a particular case and navigating the complexities of a wrongful death claim.

Call us today for a free, no obligation consultation.
866-666-0126

Can I Afford to Consult a Wrongful Death Attorney?

If you or someone you love has suffered as a result of wrongful death, contact the experienced personal injury lawyers at LLF Injury Lawyers for a free case evaluation by filling out a contact form online or by calling our phone number. The initial consultation is FREE of charge. If we agree to handle your case, we will do so on a contingency fee basis. There is no legal fee unless we are successful in getting you money.

Wrongful Death and Inadequate Security Claims in New York

Wrongful death claims due to inadequate security typically arise when an individual dies as a result of criminal activity on a property where the property owner or occupier failed to provide adequate security measures. In these cases, the surviving family members or beneficiaries may pursue a wrongful death claim seeking compensation for the loss of their loved one. Here are key points related to wrongful death claims due to inadequate security:

  1. Legal Basis:

    • The legal basis for such claims often falls under the broader category of premises liability. Property owners and occupiers have a duty to provide a reasonably safe environment for individuals on their premises, including protecting them from foreseeable criminal acts.

  2. Foreseeability:

    • One critical element in these cases is establishing foreseeability. The plaintiff must demonstrate that the property owner or occupier reasonably should have anticipated the risk of criminal activity based on the property’s location, history, or other relevant factors.

  3. Inadequate Security Measures:

    • Inadequate security measures may include a lack of proper lighting, faulty surveillance systems, insufficient security personnel, or failure to address known safety concerns. Property owners are expected to take reasonable steps to prevent foreseeable criminal acts.

  4. Common Settings:

    • Wrongful death claims due to inadequate security can arise in various settings, including apartment complexes, hotels, parking lots, shopping centers, bars, schools, and other public or private spaces.

  5. Types of Criminal Acts:

    • These claims can involve various criminal acts, including assault, robbery, rape, murder, or other violent crimes. The property owner’s liability is often based on their failure to prevent or minimize the risk of such acts.

  6. Duty of Care:

    • Establishing a duty of care is crucial. Property owners must exercise reasonable care to protect individuals from foreseeable harm. This duty may vary based on the type of property and its characteristics.

  7. Causation and Damages:

    • To succeed in a wrongful death claim, the plaintiff must establish a causal link between the inadequate security measures and the death. Additionally, they must prove the damages suffered by the surviving family members as a result of the loss.

  8. Expert Testimony:

    • Expert testimony may play a significant role in these cases. Security experts can assess whether the property had appropriate security measures in place and whether those measures were reasonable given the circumstances.

  9. Insurance Coverage:

    • Property owners often have liability insurance that may cover wrongful death claims arising from inadequate security. Insurance companies may become involved in negotiations or legal proceedings.

  10. Statute of Limitations:

    • It’s important to be aware of the statute of limitations, which is the time limit within which a wrongful death claim must be filed. In New York, this time frame is generally two years from the date of death.

Wrongful death claims due to inadequate security can be complex, requiring a thorough investigation of the circumstances surrounding the incident. Consulting with an experienced personal injury attorney is essential for evaluating the viability of a claim, gathering evidence, and navigating the legal process to seek compensation for the loss of a loved one.

866-666-0126
If you have lost a loved due to someone else's negligence, call us today for a free, no obligation consultation.

Wrongful Death Lawsuits Filed in New York

Wrongful death claims can arise from a wide range of situations where the death of an individual is caused by the negligent, reckless, or intentional actions of another party. Here is a list of various types of deaths that may lead to a wrongful death claim:

  1. Car Accidents: Fatalities resulting from motor vehicle accidents, including those caused by driver negligence, reckless driving, or defective vehicles.

  2. Medical Malpractice: Deaths caused by medical errors, negligence, or malpractice by healthcare professionals, including doctors, nurses, or hospitals.

  3. Workplace Accidents: Fatalities that occur in the workplace due to unsafe conditions, lack of proper safety measures, or employer negligence.

  4. Product Liability: Deaths caused by defective or dangerous products, including pharmaceuticals, appliances, vehicles, or other consumer goods.

  5. Premises Liability: Deaths resulting from dangerous conditions on another party’s property, such as slip and fall accidents, inadequate security, or building code violations.

  6. Intentional Acts: Deaths caused by intentional acts, such as assault, homicide, or other criminal actions.

  7. Construction Accidents: Fatalities occurring on construction sites due to unsafe practices, inadequate training, or equipment failure.

  8. Dangerous Drugs: Deaths resulting from the use of dangerous or improperly labeled prescription or over-the-counter medications.

  9. Defective Medical Devices: Deaths caused by the use of faulty medical devices or implants.

  10. Nursing Home Negligence: Deaths of elderly or vulnerable individuals in nursing homes due to neglect, abuse, or substandard care.

  11. Aviation Accidents: Fatalities resulting from airplane or helicopter crashes, often due to pilot error, mechanical failure, or other factors.

  12. Boating Accidents: Deaths occurring in boating accidents, including collisions, capsizing, or other maritime incidents.

  13. Drowning Accidents: Fatalities in swimming pools, lakes, or other bodies of water, often due to inadequate safety measures or supervision.

  14. Motorcycle Accidents: Fatalities involving motorcycles, including collisions with other vehicles or single-vehicle accidents.

  15. Truck Accidents: Fatalities resulting from accidents involving commercial trucks or tractor-trailers, often due to driver negligence or equipment failure.

  16. Pedestrian Accidents: Fatalities involving pedestrians, including accidents at crosswalks, intersections, or due to driver negligence.

  17. Bicycle Accidents: Fatalities involving cyclists, including accidents with motor vehicles or hazardous road conditions.

  18. Train Accidents: Fatalities resulting from train accidents, including derailments, collisions, or other incidents involving trains.

  19. Police Shootings: Fatalities resulting from the use of deadly force by law enforcement officers, where the circumstances may be deemed unjustified or in violation of civil rights.

  20. Suicide Due to Negligence: In some cases, if it can be shown that negligence or wrongful actions contributed to an individual’s suicide, it may lead to a wrongful death claim.

It’s important to note that the specific circumstances surrounding each case determine the viability of a wrongful death claim. Each case is unique, and legal professionals assess the evidence, applicable laws, and the relationship between the actions of the responsible party and the resulting death when pursuing such claims.

Consulting a Wrongful Death Attorney

LLF Injury Lawyers, with a low 29%  contingency fee, will fight to get you maximum compensation.

866-666-0126
If you have lost a loved due to someone else's negligence, call us today for a free, no obligation consultation.

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