New York Personal Injury Attorneys
Long Island Wrongful Death Lawyer
The loss of a loved one can leave you and your family emotionally and financially devastated. When someone else caused your loved one’s death, you may have a wrongful death claim. Wrongful death claims are meant to help make up for the immense losses that you and your family have experienced due to losing your family member. If someone else’s misconduct led to your family member’s death, contact a Long Island wrongful death attorney at Sullivan Papain Block McGrath Coffinas & Cannavo, P.C. to discuss your potential claim and recovery options.
Wrongful Death Attorneys Can Help
- We care about our clients, and we know that you are grieving. Our attorneys will aggressively fight to maximize your financial recovery while you and your family work on your emotional recovery. We will handle your case with the respect and care that your family deserves.
- We know that financial struggles are common after losing a loved one, especially when he or she provided financial support to the family. We take our wrongful death cases on a contingency fee basis. This means that you will not pay any attorneys’ fees until you have received compensation for your claim.
- Communicating with our clients is important to us. Our wrongful death team is available to address your concerns and answer any questions that you have throughout the legal process. We will make sure that you understand what is happening in your case and immediately update you with any new developments.
- We will help you fight for justice and closure regardless of whether the death was caused by a car accident, surgical error, or bicycle accident.
Wrongful Death Claims
Proving wrongful death claims is similar to proving a regular personal injury claim with a few added complexities. Recoverable damages in wrongful death claims are a little more limited and complicated than personal injury recoveries. For example, surviving family members are not permitted to recover compensation for their pain and suffering. In certain circumstances, however, financial recovery for the deceased’s pain and suffering may be available.
What Is Wrongful Death?
A wrongful death occurs when one person’s misconduct causes the death of another person. In order to succeed in a wrongful death claim, the plaintiff must prove the following:
- That the plaintiff’s conduct was negligent, reckless, or otherwise wrongful,
- That the plaintiff’s conduct caused the death, and
- That the surviving family members suffered pecuniary damages as a result of losing their loved one.
Surviving family members are not entitled to compensation for the pain and suffering they experienced as a result of losing their loved one. Still, as previously mentioned, they may recover compensation for other losses, including lost financial support, loss of inheritance, loss of parental guidance and funeral expenses.
Proving Wrongful Conduct
In order to hold a defendant accountable for wrongful death, you must prove that the defendant breached his or her duty of care owed to the deceased. In some cases, there is a clear relationship between the deceased and the defendant establishing a duty of care. For example, when a doctor-patient relationship exists, the doctor must treat the patient according to the accepted medical standard of care. If a doctor’s treatment and care fall below the accepted medical standard of care, the doctor has breached his or her duty to the patient.
Other times, there may not be an intentional relationship, but the defendant still owed a duty of care to the decedent. For example, if a pedestrian is crossing a street in a crosswalk and has the right of way, an automobile driver owes the pedestrian a duty of care to abide by traffic laws and stop for the pedestrian. If the driver breaches that duty of care and negligently or recklessly strikes the pedestrian, the driver has breached his or her duty of care. Similarly, property owners and managers owe a duty of care to property visitors. Owners are required to keep their property in reasonably maintained and safe conditions, and to also discover and warn visitors of potential dangers.
Maximizing Your Financial Recovery
It is essential that you have an experienced legal advocate representing your best interests. Our wrongful death attorneys will fight for your maximum financial recovery and negotiate settlements that fully and fairly compensate you and your family. If settlement negotiations break down, we will be prepared to fight for your family’s financial recovery at trial.
Damages in wrongful death claims frequently include loss financial support, loss of future income, loss of benefits, funeral expenses, medical bills, and loss of the value of the decedent’s household services. Compensation for additional damages may be available as well.
Wrongful Death Claim Beneficiaries
New York law can be confusing when it comes to who may recover under wrongful death claims. In general, the decedent’s spouse and children may be entitled to compensation, and if the decedent does not have a spouse or children, the decedent’s surviving parents or brother and sisters if the decedent provided financial support to those individuals. In some cases, grandchildren may be entitled to wrongful death compensation, as well.
The decedent’s estate may also benefit in some cases, which may end up compensating the same parties either way. See below for more information on survival actions. An experienced attorney will help you navigate wrongful death complexities and will also make sure that important deadlines, such as the statute of limitations, are met.
What Is A Survival Action?
A survival action is a distinct and separate action from a wrongful death claim. Unlike wrongful death claims, survival actions are brought on behalf of the decedent for losses that he or she suffered in the accident, eventually resulting in his or her death. In general, survival actions may be brought if the decedent would have been successful in a personal injury claim against the defendant had the decedent survived his or her accident injuries.
These actions are brought by the deceased’s personal representative to recover compensation for the decedent’s losses experienced before death. Recoverable damages include economic losses, such as lost wages and medical bills. In contrast to wrongful death claims, noneconomic losses, such as the decedent’s pain and suffering, are recoverable in survival actions.
The Deceased’s Pain And Suffering
To recover compensation for pain and suffering in survival actions, decedent representatives must demonstrate that the decedent experienced pain and suffering prior to death. Plaintiffs have used many ways to prove pain and suffering, such as witnesses testifying to statements made by decedents describing their pain or testifying to hearing sounds made by the decedent such as screaming, crying, or moaning.
Courts have also recognized pre-impact terror as recoverable pain and suffering damages. Survival action plaintiffs can demonstrate these damages by proving that the decedent was aware of, anticipating, and fearful of the impending accident and injuries. For example, a jury may conclude that the decedent experienced pre-impact terror based on witness testimony describing the frightened look on the decedent’s face immediately before an accident impact. Other evidence may also be used, such as demonstrating that the decedent applied his or her brakes before an automobile accident occurred.
Plaintiff In Wrongful Death Actions
In New York, parties who are entitled to recover compensation may file a wrongful death claim. Depending on the circumstances of each case, children, spouses, and parents are common wrongful death plaintiffs. The executor of the decedent’s estate may file an action on behalf of the claim beneficiaries to help them recover compensation for the losses they suffered due to losing their loved one.
When the decedent suffered losses before dying, only an estate representative may file a survival action. This is because the claim is for the compensation the decedent would have recovered had he or she lived and is not intended to compensate the survivors for their losses. Any jury award in a survival action will go to the decedent’s estate or heirs, depending on whether or not there is a will, but those people who will eventually benefit from a survival action are not entitled to file the action unless they are also the estate representative.
Time Limits For Filing a Wrongful Death Action In New York
With limited exceptions, wrongful death actions must be filed within two years of the decedent’s death, or you could lose your right to collect compensation under such a claim. It is important to remember that even though a wrongful death claim and survival action may involve the same death and accident circumstances, the two claims are separate and distinct causes of action.
Accordingly, a separate statute of limitations applies to survival actions, and it is different than that for wrongful death claims. Survival actions must be brought within three years of the date of the accident. Shorter time limitations apply against actions brought against government entities;; thus, it is important to speak with an attorney as soon as practicable to know the applicable statute of limitations to a potential case.
If you believe you have missed the deadline for filing either type of claim, it is important to speak with an attorney as soon as possible. Under some circumstances, you may be eligible for one of the statute of limitation exceptions.
If there was a criminal case against the defendant because of the accident and resulting death, you might have a statute of limitations exception and a longer amount of time to file your claim. Shorter time limitations apply against actions brought against a municipality; thus, it is important to speak with an attorney as soon as practicable. For example, if the defendant in your case was charged with murder or vehicular manslaughter, you may have a different time limitation that does not begin to run until the criminal case has been concluded. There is also a filing deadline exception in some circumstances where the decedent’s only beneficiary was a minor at the time of the accident.
Why You Must File Your Claim Within The Applicable Statute Of Limitations
As previously mentioned, if you miss the limitation deadline, you may be prohibited from filing your claim and collecting compensation from the defendant. In addition to compensation that helps with financial stability, surviving family members often feel a sense of justice and accountability after a defendant has been found liable for their loved one’s death. When survivors lose their right to file a claim because of a missed deadline, they may miss out on the closure they would otherwise get if the responsible party had been held accountable for their wrongful conduct and fatal consequences.
Common Types Of Wrongful Death Claims
Common types of wrongful death claims include the following:
- Medical malpractice, such as surgical errors, misdiagnosis, anesthesia errors, negligent prenatal care, childbirth errors, and emergency room negligence.
- Automobile accidents related to negligent driving, texting, cellphone use, drugs, alcohol, drowsy driving, speeding, and reckless driving.
- Train, truck, and bus accidents related to poor maintenance, operator negligence, failure to follow regulations and requirements, and equipment defects.
- Motorcycle, pedestrian, and bicycle accidents caused by negligent and reckless drivers, poorly maintained roadways, and unmarked or improperly regulated intersections.
- Negligent childcare at preschools, schools, daycares, and organized sporting events and practices.
- Nursing home deaths related to medical negligence, abuse, negligent security, neglect, malnutrition, and dehydration.
- Construction accidents involving equipment malfunctions, trip and falls, falling debris injuries, negligent equipment operation, unsecured sites, and subcontractor negligence.
- Maritime accidents related to sinking vessels, negligently maintained vessels and equipment, fires and explosions, defective equipment, and operator negligence.
- Premises liability accidents that occur anywhere outside of your home, such as another person’s home, a retail store, place of business, workplace, parking lots, parks, and other public or private properties.
Contact Us Today
Contact a Long Island wrongful death attorney at Sullivan Papain Block McGrath Coffinas & Cannavo, P.C. to help you begin the financial recovery process. You deserve to be compensated for your losses, and the responsible party should be held accountable. A wrongful death claim will not bring back your loved one, but it may help you and your family move forward with some much needed financial security.
Contact our Long Island personal injury attorneys today for a free initial consultation.