New York Wrongful Death Lawyer
Are you grieving the loss of a spouse, parent, or child because of a recent accident in New York City? Call the experienced and trusted legal team at The Platta Law Firm for a free consultation.
You shouldn’t have to struggle with your loss and the resulting consequences alone. Our award-winning New York wrongful death lawyers can help you seek justice and maximize your financial award.
For decades, The Platta Law Firm has been a dedicated advocate for accident victims and grieving families in New York. Choosing our personal injury law firm to handle your wrongful death case puts 150+ years of collective experience and a proven ability to win high-stakes, high-value lawsuits in your corner. We fight for justice, and we get results – including over $150 million in damages for clients just like you. Now, we’re ready to be the difference maker in your wrongful death lawsuit. Contact our New York City law office today at 212-514-5100 to discuss your wrongful death case for free.
Why Families Turn to The Platta Law Firm for Help With Wrongful Death Cases in NYC
When you have the right to pursue compensation for a loved one’s accidental death, it’s critical to hire a New York personal injury lawyer to help you through the legal process. Not only will you have a limited time to act, but the at-fault party and their insurance company will use every trick in the book to stand between you and the money you deserve. When you turn to The Platta Law Firm, we’ll fight to advance your best interests and work hard to ensure that those responsible for your devastating loss are held fully accountable.
Backed by a century and a half of combined litigation experience, we know the challenges you’ll face and offer the hands-on experience, in-depth knowledge of New York wrongful death law, and winning legal strategies you’ll need to win your wrongful death case and maximize your compensation. It’s why we’re award-winning New York litigators who’ve been recognized as:
- Lawyers of Distinction
- Just Great Lawyers
- Best Personal Injury Lawyers in New York City by Expertise.com
- Avvo Top Rated Personal Injury Lawyers
- The Nation’s Top One Percent by the National Association of Distinguished Counsel
- A “Top 10” Personal Injury Law Firm by Best of the Best Attorneys
- Power Lawyers
It’s important for you to have time to grieve your loss and process how your life has changed in the wake of a loved one’s unexpected and tragic death. Focus on yourself and your loved ones, and know that Our top-rated New York City wrongful death attorneys will invest every tool and resource necessary to obtain financial justice on your family’s behalf. We offer a complimentary case evaluation. Contact our New York law office – serving clients in the Bronx, Brooklyn, Staten Island, Queens, Manhattan, Long Island, Rockland County, and Westchester County – today to speak with a member of our compassionate legal team. We’re here to help 24 hours a day, 7 days a week.
How Does New York Define Wrongful Death?
Under N.Y. Est. Powers & Trusts Law § 11-3.2, a wrongful death is defined as a person’s death caused by “the wrongful act, neglect or default” of another.
When a person’s death is classified as “wrongful,” a cause of action to pursue compensation for resulting pecuniary losses can be pursued.
Think about it this way – if you get hurt in an accident in New York City because someone else is negligent, you can sue that person for damages. The right to sue doesn’t disappear if the accident is fatal. Under New York’s Wrongful Death Act, the right shifts to another party. Wrongful death lawsuits help to ensure that accident-related damages are compensated and that at-fault parties can be held fully accountable for their negligent or otherwise wrongful actions.
Who Files a Wrongful Death Lawsuit After a Fatal Accident in New York City?
Not just anyone can pursue damages in a wrongful death lawsuit in New York City. State law reserves this right for the personal representative of the victim’s estate. The personal representative is often a close friend, family member, or attorney named in the decedent’s will or, if they die intestate (without a will), appointed by a New York judge. Any damages awarded in the wrongful death case are paid to the decedent’s estate and then distributed to surviving family members, including the victim’s:
- Spouse
- Children, and/or
- Parents.
Damages awarded from the estate are based on the degree to which the distributee (surviving heir) suffered a pecuniary (financial) loss because of the wrongful death.
Types of Wrongful Death Cases
A wrongful death lawsuit can be pursued whenever a person’s death is the result of an act of negligence, a criminal act, or a defective product. At The Platta Law Firm, our wrongful death attorneys in New York City fight for families in cases involving:
- Slip and fall accidents
- Roofing accidents
- Ladder accidents
- Workplace accidents
- Medical malpractice
- Nursing home abuse and neglect
- Dog bites
- Matters of premises liability
- Negligent security
- Assault
- Sexual assault
- Product liability
Money won’t bring your loved one back. It won’t take away your pain. It can, however, get you justice and reduce the financial burdens you experience as you move forward in life. Experience matters when you’re litigating a wrongful death lawsuit in New York City – especially when you’re up against a powerful government agency, manufacturer, or insurance company. The Platta Law Firm has fought for devastated families in the tri-state area since 2006, winning life-changing and record-setting case results in the process.
We’re here to offer the compassionate, trustworthy, and tenacious legal representation you deserve when your life has been turned upside-down. Do not hesitate to contact us to tell us your story and learn about how we might be able to help. Our New York City legal team can take your call right now.
What Types of Damages Can Be Awarded in a New York Wrongful Death Case?
Wrongful death lawsuits are different from other types of personal injury cases in a lot of ways. One of the most notable differences involves the types of damages that can be awarded. New York limits wrongful death damages to pecuniary losses. In other words, damages can be awarded to offset the financial consequences of a person’s premature death. Under the current laws, family members cannot be compensated for their pain and suffering or other non-economic losses.
So, when the personal representative of your loved one’s estate files a wrongful death lawsuit, you can potentially recover economic damages for the loss of:
- Financial support from the decedent’s wages, business interests, and other income
- Job-related benefits
- Inheritance
- The value of household services provided by the decedent
- Funeral expenses
Recovering damages in a wrongful death lawsuit should mitigate the financial consequences of your loss, accounting for current expenditures and projected future losses. You can also potentially recover compensation for punitive damages if your family member’s death happened because of the defendant’s gross negligence, malice, or fraudulent actions.
Should I File a Wrongful Death Lawsuit or a Survival Action in New York City?
Wrongful death lawsuits aren’t the only legal claim that can be pursued in the wake of a fatal accident. New York also acknowledges the right to pursue compensation with a survival action if the decedent wasn’t killed right away.
If your spouse, child, or parent temporarily survived their injuries – even if for only a few minutes – before passing away,
you can pursue compensation that they would have been able to recover if they’d lived. This can include money for:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
Any damages awarded in a survival action are paid to the decedent’s estate – the same as with damages awarded in a wrongful death case. So, it can be important to pursue compensation through a wrongful death lawsuit and a survival action, if you’re able to. This dual approach can help you recover additional damages and maximize your family’s financial recovery.
Wrongful Death FAQ
Wrongful death litigation can be overwhelming. You’re bound to have a lot of questions about your rights and the process in front of you. Our New York wrongful death attorneys have the answers you need.
What if My Loved One Is Blamed for Their Fatal Accident?
It can hurt your ability to recover compensation through a wrongful death lawsuit. New York’s pure comparative negligence rule applies to most wrongful death cases. If your loved one is assigned blame for the accident in which they’re fatally wounded, damages in your wrongful death case can be reduced proportionately to fault.
For example, let’s say your spouse is killed in a fatal car accident in New York City. They’re assigned 25 percent of the blame for the deadly crash. If your wrongful death case was worth $4 million, your maximum settlement or jury award would be reduced by one-quarter of its value to account for your spouse’s shared responsibility.
How Much Does it Cost to Hire a NYC Wrongful Death Attorney?
It costs nothing out of your pocket to hire The Platta Law Firm to handle your wrongful death lawsuit. Our personal injury law firm offers contingency fee representation. We front the costs of pursuing your wrongful death case. We only get paid when we win compensation for your family.
Our fees are a prenegotiated percentage of your financial recovery. They’re paid out of the compensation we win for you. This arrangement means there’s no risk in asking for our help and no added financial stress in the wake of a gut-wrenching loss.
What’s the Statute of Limitations on Wrongful Death Lawsuits in New York?
New York imposes a two-year statute of limitations on most wrongful death cases. This provides a two-year window – beginning on the date of your loved one’s passing – to formally pursue wrongful death damages in a court of law.
If you miss the statute of limitations for your wrongful death case, you run the risk of losing the ability to demand compensation from those responsible for your loss.
How Much Is My Wrongful Death Claim Worth?
It depends, as every situation is so different. According to the National Safety Council, the average economic cost of a fatal car accident in 2019 was just north of $1.7 Million. These factors include lost income and productivity, lost benefits, the cost of replacing or repairing property, medical expenses incurred before death, and administrative costs. Essential considerations in valuing a wrongful death case include:
- The victim’s age and their life expectancy before death
- The victim’s income and retirement benefits, and
- The degree to which they supported others financially.
The more of a financial impact you experience because of the fatal accident, the more your wrongful death action is likely to be worth.
How Can a Wrongful Death Attorney in New York Help Me?
It’s hard to navigate a complex, contested legal claim in the wake of the death of someone you love. Fortunately, hiring a personal injury attorney in NYC to handle your wrongful death case not only eases this burden but also increases the odds that you’ll recover a significant financial award. When you hire The Platta Law Firm, you can count on our wrongful death attorneys to handle every aspect of your legal case:
- Investigate the circumstances surrounding your family member’s death to understand how it happened and, in turn, who’s at fault
- Gather key evidence that can be used to prove liability, demonstrate your losses, and help you recover full compensation for your loss – such as the police report, medical records, eyewitness statements, forensic reports, photographs, and video footage
- Determine if it’s appropriate to pursue additional compensation through a survival action
- Consult expert witnesses who can strengthen our legal arguments and provide insight into complex and/or subjective components of your claim
- Calculate your damages and determine what your wrongful death case is likely worth
- Represent your family during negotiations with the at-fault party and their insurance company
- Offer legal advice that helps you make important decisions throughout the claims process
- Take your wrongful death lawsuit to trial if the defendant won’t make a genuine attempt to settle
Our NYC wrongful death lawyers bring an unmatched level of passion and experience to the cases we handle. Benefit from our insights, winning reputation, and multi-million-dollar track record of success by calling our New York law office at 212-514-5100 today.
Is a Wrongful Death Case Different from a Criminal Case?
Yes. A wrongful death case is a civil matter that’s separate from any related criminal charges that might also arise after a fatal accident in New York City. In a criminal case, the defendant is accused of breaking the law and faces penalties like probation, fines, and/or jail time. A defendant can be convicted for an act that caused another person’s death if the state can prove its case beyond a reasonable doubt.
In a civil wrongful death case, the defendant is accused of acting unreasonably under the circumstances and causing another person’s death. If the plaintiff – the personal representative of the decedent’s estate – can prove the civil case by a preponderance of the evidence, the defendant can be liable for financial damages.
It’s not unusual for criminal and civil cases to exist simultaneously after a fatal accident in New York City. Since the stakes are higher for the defendant in the criminal matter, the civil case is often tolled – or paused – until the criminal case is resolved. This can pose some challenges for wrongful death cases. So, it’s important to work with a personal injury law firm that has extensive experience representing clients in matters of wrongful death. Knowing how to navigate issues or complications that could arise in these cases can be critical to success.
Are Pain and Suffering Damages Available in New York Wrongful Death Cases?
Only in situations where the family can recover compensation with a survival action. As it currently stands, New York’s wrongful death law only permits the recovery of economic damages. New York’s Grieving Families Act has been proposed to allow for non-economic damages. While it’s passed the legislature several times, it has been consistently vetoed by the Governor’s office, citing concerns of rising insurance costs and runaway litigation.
Call Our Experienced New York City Wrongful Death Attorneys for Help Today
Thousands of injury victims and families in New York City and the tri-state area trust The Platta Law Firm in the wake of fatal accidents because we’re caring, aggressive trial attorneys who aren’t afraid to go the extra mile for our clients. We’re a five-star rated legal team with over 150 years of collective experience and case results that include hundreds of millions in damages. You’ve suffered an unimaginable loss. Those responsible must be held accountable. Our New York wrongful death lawyers can help to make this a reality for you.
Contact our law office in New York City today by calling 212-514-5100 or send us a message online to schedule a free case review. We’re always available to help.