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Long Island Wrongful Death Lawyer

wrongful death attorney long island

If you have lost someone you love through the negligence or wrongdoing of another, you already know that no settlement or award could possibly undo your loss. If your family member’s life was cut short by negligence, a finding of wrongful death in civil court may provide some measure of justice. However, the main intent of a wrongful death lawsuit is compensation for the survivors for what they have lost.

Wrongful death actions in New York may be brought when someone’s misconduct results in another person’s death.

If you have lost a loved one through the negligence of another party in a car accident, a construction accident, a workplace accident or medical malpractice, The Law Office of Cohen & Jaffe LLP can help. Our partners have recovered millions of dollars for the families of wrongful death victims. With more than 100 years of combined experience, our partners and associates have handled a wide range of wrongful death cases.

You Have Our Sympathies and Our Commitment to Help

Some people say attorneys should not become emotionally involved. At The Law Office of Cohen & Jaffe, LLP, we believe that it is critical to “walk in your shoes” and truly understand a loved one’s death from your perspective. We assist with the immediate hardships and handle all the details of a wrongful death action.

Let us handle everything. Contact us today for a free consultation.

Who Can Bring a Wrongful Death Action in New York?

Only the personal representative of the estate of a deceased person can bring a wrongful death action in the state of New York. The law allows the personal representative the right to sue for pecuniary (monetary) loss on behalf of certain family members.

The personal representative must be appointed by Surrogate’s Court. If you are a survivor of someone who died through the wrongful actions of another, it is important to begin the process of probate so that a personal representative can be appointed.

A Surrogate’s Court is located in every county in the state. The purpose of these courts is to hear cases involving deceased persons, including probate of wills and administration of estates. You can find more information about the Surrogate’s Court procedures through the New York Courts website.

The Key Elements of a Wrongful Death Claim

In a wrongful death claim, the personal representative of the decedent’s estate must prove that:

  • The defendant acted negligently (did something wrong or careless).
  • The defendant’s negligence caused the death of the deceased.
  • The defendant’s negligence gives rise to a cause of action that could have been pursued in court by the deceased if death had not occurred (in other words, if the deceased person had survived, he or she could have sued the defendant).
  • A surviving spouse, children, parents, siblings or other dependents or beneficiaries of the deceased exist.
  • The wrongful death has caused financial damage to those survivors.

What Damages Can Be Recovered in Wrongful Death Cases?

In wrongful death cases, damages may be recovered for economic losses and pain and suffering. Punitive damages – designed to punish the defendant for wrongdoing are also recoverable in some cases.

A knowledgeable Long Island wrongful death attorney with our firm can pursue all types of compensation that are available in your case.

Economic losses may include:

  • Medical and nursing care expenses.
  • Funeral and burial expenses.
  • Property damage.
  • Earnings lost between the time of injury and death.
  • Estimated financial losses due to the shortened life of the deceased.
  • The value of support and services the survivors would have received from the deceased.
  • Loss of inheritance.
  • Loss of consortium, love, companionship and support.
  • Loss of parental care, guidance, education and nurturing.

Pain and suffering damages may be recovered only for the conscious pain and suffering of the deceased. There are no damages available for the grief, pain and suffering of the survivors.

How Quickly Should You Act to File a Wrongful Death Claim?

When you are grieving because of the loss of a loved one, we understand how difficult the prospect of dealing with a lawsuit may appear. Our firm can assist you with the immediate hardships and handle the details of a wrongful death action for you.

There are several reasons you should contact our firm at your earliest opportunity. It can help ensure that evidence is preserved and that your case is filed within the statute of limitations – the time limit for filing a lawsuit, which in New York is two years from the date of death for a wrongful death action.

Wrongful death claims are typically paid out sooner rather than later. Let us help you pursue justice in the form of compensation that you and your family deserve.

Contact us now to discuss your case. We offer a free initial consultation, so it will cost you nothing to have your case evaluated.