New York Wrongful Death Attorneys 

Seeking Justice on Behalf of Families in New York & New Jersey

Losing a loved one is a tragic, painful experience. The tragedy is truly unbearable when a loss occurs because of someone else’s negligence. Families who have suffered from such a loss should call an experienced wrongful death lawyer in New York who will fight for justice in their lost loved one’s name.

At Simonson Goodman Platzer PC, we fight for our clients with all of our firm's professional and financial resources. We provide our clients with a constant shoulder to lean on through a very difficult period and continue to offer supportive understanding and compassion even after a claim is concluded.

Our partners have decades of experience representing wrongful death victims in New York and New Jersey. The settlements or judgments we have won for our clients, totaling many millions of dollars, have helped pay for expenses such as hospital bills, funeral and burial costs, and, in some instances, compensation for the loved one’s lost wages and the loss of the loved one’s companionship. Let’s see if we can secure the same compensation and closure for you.

Have you lost a loved one due to someone else's negligence? Call Simonson Goodman Platzer PC today at (800) 817-5029 or submit an online contact form to schedule your free consultation. We are here to answer your questions!

Understanding Wrongful Death Laws in New York

Wrongful death laws in New York are designed to provide financial protection and support to the families left behind. These laws ensure that the responsible parties are held accountable for their actions or negligence, thus providing a monetary remedy to the decedent’s beneficiaries. Essential details involve who can file a claim, what forms of compensation may be available, and how the courts determine the fair value of lost contributions from the deceased to their family and society.

In New York, wrongful death law focuses on the economic loss suffered by the beneficiaries, including loss of support, loss of parental guidance, and reasonable burial expenses. This focus on economic damages makes it crucial for claimants to provide detailed documentation and evidence to substantiate their financial loss claims. Understanding these nuances is critical, as they guide the legal strategies and approaches a wrongful death attorney employs in New York in pursuing wrongful death claims. Consulting with experienced attorneys who understand New York’s complex legal landscape ensures that families are adequately represented and their rights fully protected.

When Can Someone File a Wrongful Death Claim in New York?

A person may file a wrongful death claim when the death of their loved one was the result of someone else’s negligence. If another person or party was careless, reckless, or acted wrongfully, and your family member suffered fatal injuries as a result, you could be entitled to bring a claim and seek wrongful death damages. Another way to think about it is that if a personal injury claim would have been permitted had the victim survived, then a wrongful death claim is appropriate because they didn’t. This means that the claim's basis lies in proving another party's negligence or wrongdoing, which requires thorough investigation and legal guidance from a wrongful death lawyer in New York.

Understanding the eligibility to file a wrongful death claim is crucial. The surviving spouse, children, or parents of the deceased can file the claim. In some cases, it may also be possible for more distant relatives or even the representative of the deceased's estate to file if there are no immediate family members. Consulting with a knowledgeable attorney can help clarify who is eligible and ensure the process is conducted accurately and effectively.

Common Causes of Wrongful Deaths

In both New York and New Jersey, wrongful death claims often arise from the following types of accidents and incidents:

• Bicycle accidents
• Bus accidents
• Car accidents
• Construction accidents
• Defective products
• Dog bites/attacks
• Medical malpractice
• Motorcycle accidents
• Pedestrian accidents
• Truck accidents
• Slips, trips, and falls
• Subway/mass transport accidents
• Unsafe property conditions
• Work-related accidents

The impacts of these tragic accidents are far-reaching, affecting families emotionally and financially. Victims' families are often overwhelmed with unexpected costs and a host of legal and administrative tasks. Our attorneys are well-equipped to support families during these times, guiding them through every step and helping them secure the compensation they deserve to cover expenses and aid in their recovery process.

Who Can File a Wrongful Death Claim?

Most wrongful death claims are filed by the deceased person's estate's representative (or executor). The people who have legal permission to file a wrongful death claim vary from state to state, though. Before you file a claim, you should speak with our attorneys to see if you have that option based on where you live and your relationship with the deceased.

Relationships of those who often can file a wrongful death claim include:

• Spouse
• Child
• Parent
• Sibling
• Grandparent
• Adult dependent

Ultimately, the decision of who can file a wrongful death claim rests with the specific statutes and legal precedents of the state in which the claim is filed. Understanding these laws can become complex, and legal counsel is often necessary to navigate these waters. Our knowledgeable team is ready to assist you in determining your eligibility and guiding you through the necessary legal processes.

What Does a Wrongful Death Settlement Cover?

Damages in a wrongful death claim might include:

• Medical expenses: All costs related to your loved one’s final medical treatments should be provided as compensation.
• Funeral costs: You can be repaid a “reasonable” amount for funeral and burial expenses, usually around $10,000.
• Loss of household services: If your loved one managed daily tasks around the house, like cleaning and lawn care, you could be compensated to hire others to complete those jobs temporarily.
• Loss of companionship and support: The emptiness left behind in your life after losing your loved one can be more or less translated into a financial recovery.
• Loss of financial support and benefits: Your family can be provided a financial sum that is meant to reflect what your loved one likely would have made in life had they not been fatally injured.

In both New York and New Jersey, wrongful death claimants cannot recover compensation for their pain and suffering from losing their loved one in a tragic or untimely way. There are also slight variations in the available compensation between the two states because each state is allowed to set its own rules. To get a complete understanding of your claim and what it might be worth, you should, again, leave everything up to our attorneys.

Calculating a wrongful death settlement involves many complexities. Factors such as the deceased's age, earnings potential, and the magnitude of their contributions to the family household are taken into account. Experienced wrongful death attorneys use these details to negotiate settlements that reflect the true financial impact of the loss on the surviving family members.

How Long Do You Have to File a Wrongful Death Claim?

In both New York and New Jersey, you only have two years from the date of death to file a wrongful death claim. There are very few exceptions to this rule. In nearly all cases, failure to bring a claim within the designated two-year statute of limitations will result in your claim being dismissed.

One example that the wrongful death attorneys at Simonson Goodman Platzer PC are aware of is the circumstance where a patient dies of cancer, and it is not until 18 months after the death that the family learns that a chest x-ray was misread, depriving their loved one of early treatment. The short deadline in New York & New Jersey wrongful death cases comes into play in this instance, and there are only six months left to bring a lawsuit.

The statute of limitations is crucial in these cases, as it dictates the maximum time frame within which legal action can be initiated. This enforces the idea that evidence should be collected while still fresh. Ensuring you have immediate access to legal advice can help you navigate these timelines effectively, assuring a wrongful death lawyer in New York fully protects your family’s interests.

What If My Loved One Is Partially at Fault?

What happens if your loved one was partially or mostly at fault for the accident that ended their life? Can you still file a wrongful death claim?

In New York, a pure comparative fault law allows you to file a wrongful death claim against any party that was at least 1% liable for your loved one’s death. In New Jersey, a modified comparative fault law allows you to file against any party that is more at fault for the fatal accident or illness than your loved one, as long as your loved one was not found to be 51% liable or greater.

Pure and modified comparative fault laws recognize that liability can be shared among multiple parties, including the deceased. Legal assistance is invaluable in these situations as it helps clarify the applicable laws and how they affect your claim. Working with a diligent law firm ensures that your pursuit of justice and fair compensation reflects the complexities of your loved one’s situation.

Why Choose Simonson Goodman Platzer PC for Wrongful Death Claims?

Choosing the right legal representation for a wrongful death claim is essential for navigating the complexities of the legal process. At Simonson Goodman Platzer PC, we are dedicated to providing compassionate, comprehensive legal services that prioritize the interests of our clients. Our New York wrongful death attorneys have an outstanding track record of achieving just outcomes, bringing exceptional knowledge, skills and the emotional intelligence needed to handle sensitive family matters delicately.

Our firm operates on a contingency fee basis, ensuring we are as committed to your success as you are. In addition, we offer a free consultation to discuss your claim with our qualified attorneys, allowing you to explore your legal options without any obligation. With our client-focused approach, Simonson Goodman Platzer PC stands out for transparency and communication, regularly updating you on your claim’s progress and ensuring all your questions are answered promptly and clearly.

Local Resources for Families of Wrongful Death Victims

Accessing local resources can offer additional layers of support during a difficult time for grieving families in New York. Emotional counseling services, such as those provided by local grief centers, can address the psychological impact of losing a loved one. Many organizations in New York offer grief support groups, which can be particularly beneficial for families seeking community support and shared experiences.

Locally, families might also explore the Victim Assistance Program offered by New York State, which can provide financial assistance and support. This program may cover some out-of-pocket expenses incurred following the wrongful death of a loved one. In tandem with legal action from a fatal accident attorney in New York, these resources can provide the practical and emotional assistance families need. Our team encourages families to tap into these resources, which, alongside our legal support, help stabilize life's disruptions after such significant losses.

Contact Our New York Wrongful Death Lawyers Today 

Contact our New York wrongful death lawyers to move your healing process forward. We will sit down with you and take the time to listen to your story, answer your questions, and address your concerns. We genuinely care about you and your family and are ready to do everything possible to obtain the justice you need to move forward.

We provide our legal services on a contingency fee basis, meaning you do not pay any out-of-pocket or upfront costs. Instead, we only collect attorneys’ fees if and when we recover your compensation.

Contact Simonson Goodman Platzer PC today to meet with our wrongful death lawyer in New York!

Frequently Asked Questions about Wrongful Death

How Is Liability Determined in a Wrongful Death Claim?

Liability in a wrongful death claim is determined by establishing negligence or intentional harm. This process involves proving that the actions or inactions of the defendant directly led to the fatal injuries causing the loved one’s death. Evidence is crucial in these claims, including witness testimonies, expert reports, and incident documentation. Law firms like Simonson Goodman Platzer PC employ expert legal strategists and investigators to scrutinize every detail and build a compelling case proving liability.

What Role Does an Attorney Play in a Wrongful Death Claim?

An attorney is critical in steering wrongful death claims from inception to resolution. They conduct comprehensive investigations to collect evidence, negotiate with insurance companies, and represent the family’s interests in court. Their role often extends to providing emotional support and mitigating families' legal burdens, allowing them to focus on healing. Having seasoned attorneys from Simonson Goodman Platzer PC ensures you receive knowledgeable and empathetic advocacy.

What Is the Process for Filing a Wrongful Death Lawsuit in New York?

The process begins by consulting with a qualified attorney to assess eligibility and legal grounds for the claim. Following this, the attorney files a petition in the appropriate court. This filing starts the legal proceedings involving discovery, negotiations, and potentially a trial if settlements are not reached. Attorneys' expertise guides families through these stages, ensuring compliance with procedural requirements and maximizing the chances of a favorable outcome.

Can I File a Claim if the Deceased Had a Will?

A wrongful death claim is independent of the decedent’s will. The existence of a will does not preclude the filing of a wrongful death claim. Typically, the executor named in the will is authorized to act on behalf of the estate, initiating a wrongful death lawsuit. Legal counsel can navigate any complexities that arise from this dual responsibility, ensuring that all legal interests are successfully addressed.