If you are seeking legal advice after losing a loved one in an accident caused by the negligence of another, we would like to begin by extending our sincerest condolences for your loss.
At Friedman & Simon, L.L.P., our New Hyde Park wrongful death lawyers understand that this is an extraordinarily challenging time for you and your family, so we are here to do everything to support your legal needs. This guide will discuss how we manage the legal process for you, who might be liable in wrongful death accidents, and what we do to protect your family’s financial future.
In This Article
- We Will Take Care of Every Detail in the Legal Process for You
- Who Could Be Liable in a Wrongful Death Lawsuit?
- Let a New Hyde Park Wrongful Death Attorney Get Started on Your Claim Today
We Will Take Care of Every Detail in the Legal Process for You
Before we get into the formalities of the legal process, it is essential that you know it is our priority to shield you from any undue emotional distress. As such, we will take care of everything you need for your claim with as little intrusion on you and your family, but we are always here to answer your questions if you need to talk to us.
What to Expect from a Wrongful Death Claim
A wrongful death claim is a civil action (i.e., not a criminal proceeding) that enables surviving family members to recover monetary damages after losing a loved one in a fatal accident caused by the negligence or wrongdoing of someone else.
Only the person named in the will (the executor) or,if there is no will, a personal representative appointed by the Surrogate Court, (the administrator) are able to file a wrongful death lawsuit against a negligent party. Financial damages are distributed to close family members, with priority given to the surviving spouse and children. Parents of the deceased will receive the settlement if there is no immediate family. If there are no surviving spouses, children, or parents, any compensation recovered will go to the surviving siblings of the deceased.
The legal process typically involves:
- Gathering evidence that shows your loved one died due to the negligent, reckless, or intentional conduct of another who owed them a duty of care.
- Proving the decedent would have a legal claim against the negligent party had they survived the incident.
- Demonstrating how you and your family suffered emotional and financial loss due to the accident and the amount of your economic damages.
Our attorneys will manage every aspect of your case so you are free to be with your family and friends and to grieve in whatever way feels right to you during this difficult time. In addition, we will manage case administration and communication with the liable party’s legal representatives and ensure all paperwork is filed in time per the wrongful death statute of limitation set forth in Estates, Powers & Trusts § 5-4.1 as well as all other applicable claim and lawsuit deadlines.
Recoverable Damages Available in Wrongful Death Cases
- Medical bills and expenses related to the treatment of your loved one
- Pain and suffering before your loved one’s passing
- Loss of current and predicted wages
- Other work-related benefits, such as health insurance or retirement plans
- Loss of financial support that would otherwise have been provided
- The cost of the funeral, burial, or cremation expenses
- Loss of parental guidance and nurturing
- Loss of consortium (these are the special types of loss, recognized by law, that a person suffers when their spouse is a wrongful death victim).
We also carefully assess the full extent of your losses before negotiating for an appropriate settlement on your behalf and provide our legal services on a no-win, no-fee basis.
For a free legal consultation with a wrongful death lawyer serving New Hyde Park, call 516-932-0400
Who Could Be Liable in a Wrongful Death Lawsuit?
Proving negligence is a vital part of the legal process in wrongful death cases. The term could apply when someone does (or fails to do) something they reasonably anticipate will needlessly injure another person who is likely to be affected by their actions.
There could be one or several liable parties in wrongful death claims which caused or contributed to the incident. So if your loved one died due to negligence, our wrongful death lawyers will determine what happened and why. Below we highlight examples of negligence in leading causes of fatal accidents.
- Driving under the influence of drugs or alcohol
- Distracted driving, such as texting while driving
- Reckless or aggressive driving
- Violating traffic laws by speeding, for example
- Failing to obey traffic controls, signs, or signals
- Driving while fatigued
While the examples above focus on driver error, employers who hire drivers might share liability for an accident caused by their employees if they were negligent and if the accident occurred in the course of the at-fault driver’s employment. This is commonly referred to as vicarious liability. Additionally, there may be a separate basis for a negligence action directly against the employer. For example, if the employer company fails to maintain its work vehicles properly or does not conduct appropriate background checks before hiring employees.
- Injuries from defective machinery
- Being struck by falling objects
- Falls from height
- Lack of adequate safety equipment or training
- Auto accidents at work
- Exposure to harmful conditions or substances
- Slip, trip, or fall accidents due to unsafe work conditions
- Poor risk assessment practices
- Accidents caused through negligent hiring practices
Under New York’s Workers Compensation laws, employers cannot be sued in many cases for the fatal workplace accidents their employee suffers. However, surviving families may have rights to death benefits also pursuant to Workers Compensation laws. However, wrongful death lawsuits could be filed if the accident was due to third-party negligence, such as equipment with design or manufacturing defects, or an accident caused by someone unrelated to your loved one’s employment.
Medical Negligence or Malpractice
- Misdiagnosis or delayed diagnosis
- Prescription drug errors
- Negligent prenatal care and childbirth negligence
- Surgical errors
- Negligent anesthesia administration
- Negligent patient aftercare
Liable parties in medical malpractice cases could involve any healthcare professional responsible for causing your loved one’s death through negligence. So again, we will fight to get answers about what happened, so your loved one has the justice they deserve.
Nursing Home Abuse
- Failure to diagnose or treat medical conditions such as sepsis, or bedsores
- Poor infection control
- Medication errors
- Abuse by care facility staff
- Under-staffing issues leading to fatal accidents
Liable parties in nursing home abuse or neglect cases could involve care facility staff and their employers if there is evidence of negligence. For example, if the employer did not conduct appropriate background checks during the hiring process or failed to provide necessary staff training, they could share liability for causing a fatal accident.
New Hyde Park Wrongful Death Lawyer Near Me 516-932-0400
Let a New Hyde Park Wrongful Death Attorney Get Started on Your Claim Today
After the sudden loss of a loved one in an accident caused by negligence, we understand how getting answers about what happened is as important as protecting your family’s financial future.
When you feel ready to discuss your situation, a New Hyde Park wrongful death lawyer from Friedman & Simon, L.L.P. is here to listen and support you at this most difficult time. Contact us for a free consultation, where we will explain your legal options, answer your questions, and provide advice about making a wrongful death claim. Our discussion will be confidential, and you have no obligation to make a claim.