Losing a loved one unexpectedly is devastating. However, if you believe your loss was another person’s fault, do not hesitate to call us. HKD will thoroughly investigate, determine whether negligence or other misconduct was to blame and explain your legal options.
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NYC Wrongful Death Lawyers
However you lost your spouse, your child, or your parent, you will be forced to grapple with immense grief. Worse yet, you may learn that their death was the result of someone else’s carelessness or reckless conduct. How can you hold the negligent party responsible?
We recommend talking with a New York wrongful death attorney about whether you can file a lawsuit for wrongful death. If you have a valid claim, pursuing it may provide a small amount of justice and provide you with the compensation necessary to reimburse your financial losses and acknowledge your grief and emotional distress.
To learn more about New York’s wrongful death law, the NY personal injury lawyers at Hecht, Kleeger & Damashek, P.C. can help. Contact us or call 212-490-5700. We offer free, initial consultations and don’t charge up-front fees.
New York law regarding wrongful death actions is found in the New York Estates, Powers, and Trusts Code. Under EPT §5-4.1, the personal representative of your loved one’s estate can file a wrongful death claim.
The law states explicitly that a personal representative of a decedent may maintain a legal action to recover damages for a wrongful death, neglect, or default, which caused the decedent’s death against a person who would have been liable to the decedent if the death had not ensued.
If you are worried about whether or not your loved one’s death is the result of neglect, default, or some other form of wrongful death, we recommend contacting a New York wrongful death lawyer for a full analysis of your circumstances.
If a valid wrongful death claim exists, we will discuss who has the right to file with you. In New York, the personal representative has this responsibility to file the action.
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Common Wrongful Deaths Claims
Unexpected and preventable deaths occur in a wide range of circumstances. At Hecht, Kleeger & Damashek, P.C., our New York City wrongful death lawyers have represented families following:
New York gives you two years to file a wrongful death lawsuit. This two-year period begins on the date of your loved one’s death, which may or may not be the same day they suffered fatal injuries. However, there is an exception if the party responsible for your loved one’s death is a government agency. There is also usually a requirement that before filing a lawsuit, a Notice of Claim be filed within 90 days of the accident.
How a Wrongful Death Attorney Can Help
The pain of losing a loved one due to another’s negligence is immeasurable, and while no amount of compensation can replace your loss, achieving justice can provide a sense of closure and support through this difficult time
In such critical moments, partnering with a seasoned NYC wrongful death lawyer is essential.
Initial Investigation and Claim Validation
At Hecht, Kleeger & Damashek, P.C., we start by conducting a thorough investigation into the accident that led to your loved one’s demise.
We collect and analyze all relevant evidence, including police and accident reports, eyewitness testimonies, and expert opinions. This initial phase is crucial for establishing the liable parties and assessing the viability of your claim.
Negotiation and Court Representation
Once we establish a foundation for your case, we proceed with rigorous negotiations with insurers and responsible parties.
Our goal during these discussions is to ensure they fully acknowledge the extent of your loss, both emotional and financial.
We strive to secure settlements that genuinely reflect the damages incurred. If negotiations stall or if the opposing party is uncooperative, we are fully prepared to advocate vigorously for your rights in court, pushing for the compensation your family rightfully deserves.
We Commit to Support You
Our commitment extends beyond the courtroom. At HKD, we provide empathetic support throughout this challenging time, aiming to secure not just compensation, but also justice and closure for your family.
We are dedicated to fostering safer community standards and honoring your loved one’s memory through our legal efforts. Let us work with you. You will gain a team that is committed to your immediate needs and the overall betterment of the community.
Our Successful Wrongful Death Cases
Hecht, Kleeger & Damashek, P.C. is highly experienced in litigating wrongful death claims and, when possible, negotiating insurance settlements for our clients.
A sample of some of our case results include:
$7.625 million settlement for wrongful death related to asbestos exposure.
$2.5 million settlement for wrongful death resulting from construction accident injuries.
$1 million settlement for wrongful death resulting from a workplace explosion.
$925,000 settlement for wrongful death resulting from severe burns.
Compensation arising from a wrongful death claim will vary depending on the specific facts of the case. To learn more about the potential value of your claim and how much compensation you may receive as a surviving spouse, parent, or child, contact us right away.
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
Through a wrongful death lawsuit, the personal representative of your loved one’s estate can pursue compensation for a wide range of economic damages suffered by the estate and surviving family members. EPT §5-4.3 says the court can award fair and just compensation for the economic injuries resulting from the decedent’s death.
In New York wrongful death cases, compensation includes:
Funeral and burial expenses
Medical expenses the decedent incurred between the date of the accident and their death
The decedent’s pain and suffering from the date of the accident to their death
The decedent’s lost wages from the date of the accident to their death
The loss of decedent’s future income
The loss of the value of decedent’s services
The loss of decedent’s parenting
Interest on these damages
Each state’s wrongful death law is unique and allows for different types of damages. In New York, you cannot pursue compensation for your own suffering, mental anguish, and grief or the loss of companionship you experience.
Because the compensation your family may receive depends on the specific facts of your case, it is important to talk with a New York wrongful death attorney about your family’s damages and the potential value of your claim.
Punitive Damages in Wrongful Death Claims
EPT §5-4.3(b) describes when your family can pursue punitive damages. The compensation described above is for compensatory damages. It is meant to reimburse you for specific losses and expenses you have experienced because of your relative’s death.
Punitive damages are different. They are intended to punish the wrongdoer for their actions, and they are only allowed in certain circumstances.
Punitive damages may be granted when there is evidence that the at-fault party’s behavior was intentional or malicious. Ordinary negligence is not enough for a jury or judge to award punitive damages.
Who Can Recover Compensation in NY Wrongful Death Cases?
Though the personal representative of your loved one’s estate is responsible for pursuing wrongful death compensation, the potential recovery is not entirely for your loved one’s estate. Under EPT §5-4.4, any compensation recovered, whether through a wrongful death settlement or court ruling, is for the benefit of the decedent’s distributees, which is a legal term for your loved one’s next of kin.
You should talk with a wrongful death attorney about who may recover a portion of the wrongful death compensation.
How Much Wrongful Death Compensation Can I Expect?
The potential value of a wrongful death claim depends on various factors. To discuss the amount of compensation the personal representative can pursue for your loved one’s death, you should contact us at Hecht, Kleeger & Damashek, P.C. Providing reasonable estimations without in-depth knowledge of the case is impossible.
As for how much compensation each surviving relative receives, the law states that the personal representative will distribute the compensation in proportion to the economic impact on each person. In other words, the surviving relatives who have financially suffered the most from the death will receive the greatest portion of the compensation.
If you are to receive wrongful death compensation based on a court ruling, the court may decide each person’s proportion of economic injury.
HKD Pursues Maximum Wrongful Death Compensation
When you’ve lost a loved one, whether that’s your spouse, parent, or child, we suggest you call an experienced New York wrongful death attorney as soon as possible.
Pursuing compensation for a wrongful death is not simple, and it certainly isn’t something you should do alone. Let our team support you. We care for your family, and we’ll allow you to focus on your grief while we pursue justice for your loss.
In a standard personal injury claim, we can use testimony and first-hand experience from the person who was injured. However, in a wrongful death claim, your loved one has been silenced. We will have to gather evidence from alternative sources to prove who is liable and how much compensation you deserve.
What’s the Difference Between Wrongful Death and Survival Actions?
Survival action claims are different from wrongful death claims, but typically they are filed together. These claims relate to the injuries the decedent suffered between their injury and their actual death.
Another way to think of these damages are that they are claims the decedent could have made on their behalf had they survived.
What Evidence Is Used in Wrongful Death Cases?
Wrongful death cases often require the use of unique types of evidence. We may use a coroner’s report, police records, and testimony from expert witnesses who can reconstruct the accident.
How Much Is My Wrongful Death Claim Worth?
Wrongful death claims are often worth more than other personal injury cases. That’s because we place a value on the loss of the person’s life and how much they would have contributed to their family in the future. We often seek insurance policy maximums, which can be hundreds of thousands of dollars or more.
Contact a New York Wrongful Death Attorney Today
In the midst of your grief, you have to deal with many practical undertakings, including planning a funeral, handling medical bills, and determining how you will move forward without your spouse, parent, or child. The New York wrongful death attorneys with Hecht, Kleeger & Damashek, P.C. are here to lift this burden. If your family has a wrongful death claim, we will guide you through every step, from investigating the incident, hiring expert witnesses, and conducting settlement negotiations.
Through it all, our priority will be you and obtaining the maximum possible for your family. Contact us at 212-490-5700 or online to discuss your options during a free consultation. There are no up-front fees, and you owe nothing until we win compensation.
