New York Wrongful Death Lawyer
Have you lost a close family member in a fatal NYC accident? Whether they were struck by a car or killed on a job site, your family may be entitled to substantial monetary damages.
An experienced New York Wrongful Death Lawyer at The Platta Law Firm will fight to maximize your financial recovery. We know that money won’t bring your family member back.
However, it can make a difficult time a little bit easier. Our law firm has helped injury victims and families like yours recover more than $150 Million.
Let us put 150+ years of experience to work to get you the compensation your family deserves. Your first case evaluation is free, and there’s no cost to hire us unless we win your wrongful death case. Contact our New York City law office at 212-514-5100, conveniently located in Manhattan, to get started. We’re standing by and ready to help you right now.
Why You Should Hire an NYC Personal Injury Attorney After a Fatal Accident?
The emotional component of losing a family member is challenging enough. Once you factor in what their death means to your family financially, it can be overwhelming. If someone else caused your loved one’s fatal accident in NYC, they must be held accountable. This is where The Platta Law Firm can help.
Our NYC personal injury lawyers have been fighting for families like yours in New York City, NY, since 2007. We understand just how devastating a sudden, tragic death in the family can be. We also know that the money you can recover in a survival action or wrongful death lawsuit can make a difference – today and in the future. Choose our law firm to handle your wrongful death case, and we will:
- Explain all of your legal options for financial recovery – which might include workers’ compensation death benefits or damages in a personal injury lawsuit.
- Lead an independent investigation into the accident that caused your loved one’s death.
- Consult with leading experts, including medical professionals, economic specialists, forensic experts, and more.
- Analyze critical evidence to determine what caused the accident and identify who’s liable.
- Take legal action against anyone who directly or indirectly caused your family member’s death.
We’re tough negotiators and respected litigators. While our goal will be to negotiate a favorable settlement outcome, our trial attorneys will be fully prepared to take your case to court. Let our wrongful death attorneys in NYC handle your fight for compensation, and take this time to focus on your grief and move forward.
How Do I Know If I Have a Wrongful Death Case After a Fatal Accident in New York?
Wrongful death refers to avoidable deaths that happen as a result of negligence, wrongful actions, or default. In New York, a family may have the right to file a wrongful death lawsuit if a loved one is killed in an accident and would have had the right to file a claim if they’d survived. The right to take legal action isn’t lost just because the victim doesn’t survive. Under N.Y. Est. Powers & Trusts Law § 11-3.2, it simply transfers to their family (or their estate). Wrongful death lawsuits can arise after any fatal accident in New York City, including:
- Car accidents
- Truck accidents
- Bicycle accidents
- Subway accidents
- Boating accidents
- Motorcycle accidents
- Pedestrian accidents
- Uber and Lyft accidents
- Dog bites
- Medical negligence
- E-scooter accidents
- Construction accidents
- Workplace accidents
- Slip and fall accidents
- Nursing home abuse and neglect
The Platta Law Firm will be there for your family, no matter what kind of accident has caused you to suffer this kind of tragic loss. Contact our wrongful death lawyers in New York City to find out how we can help you navigate a wrongful death action and fight to make things right.
Who Can File a Wrongful Death Lawsuit in NY?
Family members can benefit from a wrongful death lawsuit. A victim’s spouse, child(ren), and/or parents are first in line to recover compensation.
If none survive, any heirs can receive damages in a wrongful death case. However, ultimately, the victim’s personal representative has to file it with the court.
The personal representative is either chosen by the victim before they die (in their will) or appointed by the court after their death. Many times, the personal representative is a close family member.
How Much Money Is My Family’s Wrongful Death
Case Worth?
Is filing a wrongful death case worth it? It can be, mainly if you depend financially on your family member. So, what’s your wrongful death case worth after a fatal NYC accident? It depends, as every situation is so different. According to the National Safety Council, the average economic cost of a deadly 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.
What Damages Are Available in a New York Wrongful Death Lawsuit?
Wrongful death lawsuits are different from other types of personal injury lawsuits in many ways. One notable difference involves the types of damages that can be awarded. In New York, families are entitled to “fair and just compensation for the pecuniary injuries” related to a fatal accident. In other words, economic damages can be awarded in New York wrongful death cases. This can include money for:
- Loss of benefits
- Funeral expenses
- Loss of inheritance
- The value of household services
- Loss of future wages and income
- Medical expenses incurred before death
- The value of nurturing, care, and guidance to surviving children
While individual family members can’t recover compensation for their pain and suffering, these non-economic awards aren’t entirely off the table. They can be awarded if the victim survived their injuries for some time after the accident. The financial award would reflect the victim’s pain and suffering during that time.
What’s the Statute of Limitations for Wrongful Death Lawsuits in New York?
Under New York law, the statute of limitations for wrongful death actions is typically two years (or two-and-a-half years for instances of fatal medical errors). This gives families less time to file a lawsuit than is typical in other types of personal injury cases. Time begins to run the moment the victim dies. Note this may or may not be the same date as their fatal accident. If they survive for a month and then die, then the statute of limitations would begin to run one month after the accident that inflicted their fatal wounds.
Two years might seem like a long time. However, it will fly by as you grieve. Don’t let too much time go by without taking action. You’ll give up the right to demand compensation if the statute of limitations expires before you act. The Platta Law Firm is here to help you navigate this difficult time. Reach out to our New York wrongful death lawyers as soon as you can after your traumatic loss. We’ll handle your wrongful death case and work to ensure that you’re set up not only to win but also to obtain what your family deserves.
Can I File a Wrongful Death Case If My Family Member Shares Blame for Their Accident?
Yes – and you can win, just as long as they’re not entirely at fault. New York has a pure comparative negligence system in place. Sharing liability for an accident won’t bar a victim (or their family) from seeking damages in an insurance claim or lawsuit. However, it will affect how much money they recover. Damages in a wrongful death action will change because of shared fault.
Let’s say your spouse dies in a fatal car accident in one of the city’s boroughs, and their negligence plays a role. Perhaps they were texting and driving and didn’t see another driver running a red light. The victim has 20 percent fault. When you file a wrongful death action, you can recover 80 percent of the available damages.
After accidents, insurance companies, in particular, tend to try to blame the victim. They point fingers and do whatever they can to limit how much money they must pay surviving family members. If you do nothing, you could watch your financial award fade away or disappear altogether. Our New York wrongful death attorneys will not let these allegations go uncontested. We will fight to defend your family member’s reputation and disprove claims that they were negligent. The more successful our efforts are, the more money your family can walk away with when the legal case is over.
What Does It Cost to Hire a Wrongful Death Lawyer in New York City?
Personal injury attorneys in NYC work on a contingency fee basis. You pay nothing unless or until we win your case – and that’s a guarantee. Typically attorneys’ fees range between one-third and 40 percent of your financial recovery. Don’t worry about the added cost of a NYC wrongful death attorney. Focus your time, energy, and financial reserves on grieving and moving forward. Trust The Platta Law Firm to work tirelessly on your behalf to get you maximum compensation.
Wrongful Death Cases – FAQ
How Long Do I Have to Sue for a Wrongful Death Case, and Who Files It?
The Statute of Limitations to file a wrongful death lawsuit is currently two years from the date of death. The estate executor files the lawsuit.
Who Is Eligible to Recover Damages, and How Are Damages Calculated?
The following survivors can recover damages: Spouses, children, parents, siblings and grandparents. The court decides what damages are fair and just.
Will a Defendant Benefit If The Victim Is Too Old or Too Young?
The defendant makes out better if the victim of their negligence is young or elderly.
Are There Any Proposals to Change the New York Wrongful Death Law?
Yes. The New York Legislature has passed the “Grieving Families Act,” and the legislation awaits the governor’s signature. If the Act becomes law, damages will entail financial and emotional loss.
Does the Grieving Families Act Change Anything Else?
Yes, it changes the line of succession.
Are the Deceased’s Pre-Death Expenses Covered?
New York law continues to permit recovery for a deceased person’s pre-death damages – pain and suffering, lost wages, and medical expenses.
Is the Defendant Better Off if the Victim Dies Rather Than Survives?
The “law of unintended consequences” leaves a negligent defendant in better shape if a young child dies than if that child survives and requires lifelong medical care.
My Relative Died Suddenly, and Was Not Supporting Anyone, Do I Have a Case?
Maybe. One element of pre-death damages is for what is known as “fear of impending death”. That represents compensation for the potential trauma that might ensue upon the realization that one is about to die.
Arrange a Free Consultation with an Experienced NYC Wrongful Death Lawyer
Your life can change in a split second when a family member dies unexpectedly. It can be even more difficult when you lose the opportunity to say goodbye simply because someone else was negligent. Contact The Platta Law Firm to discover how our award-winning NYC wrongful death lawyers can help to make this devastating time in your life a little bit easier.
We can put 130+ years of combined experience to hold those responsible for your tragic loss fully accountable. Since 2007, we’ve helped countless families in New York City and all five boroughs. Our law office serves clients in Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and surrounding areas. Call us at 212-514-5100 or contact us online to arrange a free consultation. We’re standing by to help you right now or when you need us the most.
