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When the unexpected, heartbreaking loss of a loved one in death happens in your family, you expect the law to be on your side – perhaps especially when it was caused by someone else’s devastatingly negligent or reckless behavior. However, in such cases, the degree of fault the victim may have shared in what occurred will have an impact on the amount of compensation you may receive.

If your family member lost his or her life in such an incident, you have the right to pursue financial compensation for your loss from the responsible party. Understandably, as a grieving family, pursuing legal action may be the last thing on your mind, but a settlement obtained by means of a wrongful death lawsuit can enable you to regain your balance after losing someone close to you.

New York wrongful death negligence laws can seem both confusing and complex. The experienced wrongful death attorneys at the New York law firm of Hill & Moin, though, know the ins and outs of such claims. Thus, we are able to clarify your legal rights and guide you through the wrongful death claims process – take our insight on how New York negligence laws impact wrongful death claims below, for instance.

What Constitutes Wrongful Death in New York?

New York state law defines wrongful death as a death resulting from an individual’s negligence or intentional wrongful act.

In a personal injury case, accident victims have the legal right to file a personal injury claim and recover financial compensation for their damages. In like manner, certain surviving family members can pursue a wrongful death claim when an accident proves fatal for their loved one.

Wrongful death lawsuits allow families to get money back for costs related to the death. In a successful wrongful death case, the responsible party will be held accountable, and financial restitution will be made to those left behind.

Proving Negligence in a New York Wrongful Death Claim

To prevail in a wrongful death claim, the circumstances of the accident must be analyzed, and the at-fault party identified.

Negligence in a wrongful death case generally involves these 4 elements:

• The defendant owed the deceased a duty of care. Everyone has a legal obligation or duty to act with reasonable care so as not to injure others.

• The defendant breached this duty of care. Either by negligence or an intentional act, the defendant failed to uphold his or her legal duty.

• The defendant’s breach of care resulted in the victim’s death. If it were not for the defendant’s actions or failure to act, the victim would not have died.

• The victim’s death resulted in actual damages. Surviving family members sustained financial loss as a result of losing their loved one.

Establishing fault and negligence in a wrongful death claim is not always a straightforward process. In some cases, the fault may be attributed to multiple people or parties.

A well-practiced wrongful death attorney is able to assess the facts of your case and then advise you on how to move forward with your legal claim.

Understanding New York’s Comparative Negligence Law in Wrongful Death Cases

New York follows the comparative negligence rule when it comes to personal injury law. That same rule applies to wrongful death cases.

The comparative negligence law in this state allows an injury victim to recover compensation, even if he or she was partially responsible for the accident that caused them. Likewise, the amount of restitution to which a plaintiff is entitled would be reduced by his or her degree of fault in the incident.

In a wrongful death claim, it may be found that your loved one’s own actions in some way contributed to his or her death. In such cases of contributory negligence, the damages awarded to the estate are determined by the percentage your family member was deemed at fault.

In settlement negotiations, insurance companies will apply this rule when evaluating claims. However, allocating fault is not always black and white. An experienced wrongful death attorney can help ensure that fault is properly assigned and fair compensation is pursued.

Examples of Comparative Negligence in New York Wrongful Death Claims

It is not uncommon in wrongful death lawsuits for the defendant to acknowledge his or her negligence while asserting that the deceased person was partially responsible for what happened.

Here are several scenarios in which the defendant may contend that the decedent’s death was, to some degree, his or her own fault:

• A fatal car crash: The defendant may assert that the deceased was not properly wearing his or her seatbelt

• A motorcycle accident: The defendant may claim that the victim was not wearing a helmet

• A pedestrian accident: If a driver fatally hits a jogger at night, he or she may say that the deceased person was not wearing proper reflective clothing

• A medical malpractice lawsuit: The defendant may claim that the victim failed to disclose his or her full medical history or other relevant health information prior to surgery

• A fatal slip-and-fall accident: The defendant may claim that the deceased failed to heed warning signs of the hazardous condition

These examples illustrate how common it is for both parties to share a degree of blame for a fatal incident. Oftentimes, when the degree of fault is unclear, your wrongful death attorney may consult accident reconstruction experts. These specialists can help determine how the accident played out.

If your family finds itself in this kind of situation, remember that all is not lost. In some cases, comparative negligence laws make it easier for victims to recover damages after an accident.

Potential Damages in a New York Wrongful Death Lawsuit

In pursuing a wrongful death action, the goal is to reach a settlement that will sufficiently provide for your family’s current and future financial needs while also honoring the legacy of the deceased person. Even if your family member bore some responsibility for his or her death, you may be able to seek compensation to get your family back on their feet after your loss.

You may be able to recover damages such as:

• Funeral costs
• Burial expenses
• Medical bills and medical expenses associated with the fatal accident
• Lost wages of the deceased
• Loss of household services the deceased performed
• Loss of inheritance
• Loss of medical benefits
• Loss of the deceased’s pension or retirement benefits
• Punitive damages

Losing the anticipated financial support of a loved one can have life-changing consequences.

It is essential to take the time to fully assess all your losses, both current and potential, after the death of your family member.

A knowledgeable wrongful death lawyer can assist you in assigning a monetary value to your losses. Carefully calculating your economic damages helps ensure that you seek enough financial compensation to give your family a fresh start after the tragic death of your loved one.

Additional Factors That May Impact the Amount of Compensation in a Wrongful Death Claim

All potential paths to a fair settlement agreement must be explored. Apart from the damages mentioned above, additional details may impact how much compensation you are eligible to receive after your loved one’s death.

In New York, wrongful death settlements or jury awards can vary by quite a wide margin. The conditions of the wrongful death, the degree of negligence by each party, and the life circumstances of the deceased are all weighty factors. Also considered is the impact the untimely death will have on the surviving family members.

Other factors that may affect the compensation amount in a wrongful death settlement include:

• The deceased’s income, as well as future income potential
• The deceased’s role in the family, such as primary income provider or caregiver
• Whether or not the deceased had minor children
• The age and life expectancy of the surviving spouse
• The deceased’s training and education
• The deceased’s health before his or her death
• The deceased’s age
• Medical expenses incurred prior to the victim’s death
• The circumstances of the wrongful death prove it was an accident, intentional act, medical malpractice, etc

The economic damages awarded as a wrongful death settlement will also depend, to some extent, on the financial resources of the liable party. A wrongful death lawsuit against a large entity, such as an insurance company, may result in a larger compensation award since these types of defendants have the means to pay significant judgment amounts.

The experienced wrongful death attorney you consult will work to fully understand the details of your case before making any promises. Because, not only does a quality lawyer refer cases to the best possible fit for you if necessary, but he or she will also work to make certain that every single one of your family’s losses is taken into account.

New York’s Comparative Negligence Law in Wrongful Death Insurance Settlements

Oftentimes, the simplest and most efficient way to seek compensation in wrongful death cases is to file a claim with the insurance company representing the at-fault party. In amicable insurance negotiations, this can be a relatively smooth process.

If the defendant accepts responsibility for your loved one’s death, his or her insurance company will likely offer you a settlement agreement shortly after the claim is filed. In the immediate aftermath of your loss, when you are struggling emotionally and financially, you may be inclined to accept the first settlement offer that comes your way. It is critical to consult an experienced attorney before accepting any offers.

Insurance adjusters may attempt to pressure grieving families into a hasty wrongful death settlement. When this happens to you, proceed with caution. The terms of a quick settlement may not fully compensate you for the long-term impact your relative’s death will have on your family.

Further, insurance companies will work hard to use the New York comparative negligence rule to their own advantage. Their aim is to close cases quickly and protect their own bottom line.

Insurance adjusters may do all in their power to allege that your loved one bore significant responsibility for his or her own death. They may attempt to exaggerate or even manipulate the established facts of your wrongful death case – to lower their payout to you.

Whatever your family’s circumstances may be, it is in your best interest to let a legal professional negotiate with the insurance company on your behalf. A wrongful death attorney knows the negligence laws and how these can be put to work for you and your legal rights. He or she can thus shield you from bad-faith insurance adjusters.

Before making any decisions, your wrongful death attorney will evaluate all settlement offers and make any counteroffers as necessary. If a reasonable wrongful death settlement agreement cannot be reached, you can then choose to pursue a wrongful death lawsuit.

Reach Out to a New York Wrongful Death Attorney for Advice

Losing a loved one due to another person’s negligent act can lead to intense emotional distress coupled with serious financial hardship. This is certainly understandable, but you do have hope; pursuing a wrongful death claim may alleviate some of the stress and anxiety you are under.

We understand that the entire legal process may seem daunting. New York wrongful death laws can be complicated to understand. Grieving families are in no position to navigate the legal system on their own.

The team of wrongful death attorneys at the New York law firm of Hill & Moin stands ready to ease the legal process for you. When we take your case, we will do the legal legwork so that you can focus on healing after your loss.

At Hill & Moin, our personal injury lawyers are known for their respect and compassion for every single client they represent. Wrongful death cases are extremely personal, and you deserve to work with a legal professional who will treat you like family.

When we take on your case, we will not rest until we have done all in our power to get your family on the road to emotional and financial recovery after your devastating loss. Our wrongful death attorneys are adept at holding negligent parties accountable for their actions. We endeavor to maximize all potential compensation in a wrongful death claim, even when your loved one was partially at fault.

The Hill & Moin team, well-versed in New York state law, is ready to answer your questions about comparative negligence in wrongful death claims. We serve several New York City areas, including Manhattan, Brooklyn, Queens, Staten Island, and the Bronx. We wish to give you the confidence to pursue your legal remedies for compensation.

Learn about your Personal Injury Recovery SolutionsⓇ and how you can secure your future. Call us at (212) 618-6000 or fill out our online form for a free consultation. A member of our legal team is standing by to take your call.

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Few things in life are as devastating as losing a loved one in death. If his or her death was preventable, it can be all the more traumatic. You may be reeling, mentally and emotionally, as well as facing financial hardship.

If your family member died due to the negligence or wrongful act of someone else, you have the right to bring a legal claim against the responsible party. After the unexpected passing of someone dear to you, you may feel overwhelmed by the idea of taking legal action. However, a wrongful death settlement can ease the financial burdens associated with your family’s loss.

The experienced and compassionate New York wrongful death attorneys at the law firm of Hill & Moin can help you through this difficult time. Like having a lawyer in your family, we can answer your questions and guide you through the entire legal process. This article will explain the factors involved in wrongful death claims in New York City, as well as the necessary steps in filing such claims.

What is a Wrongful Death Claim?

The purpose of a wrongful death claim is to help surviving family members recover monetary damages for their loss and ensure that the responsible party is held accountable for his or her actions. In New York, a wrongful death claim may be filed by the personal representative of the estate of the deceased person against the individual or entity liable for the death.

To file a justifiable wrongful death claim, you must prove that:

• A person died
• A person or entity was negligent, reckless, or intentionally caused harm
• That party’s negligent or intentional actions were the direct cause of your loved one’s death
• Surviving family members suffered financial damages related to the death

By establishing such facts, the deceased’s personal representative can open a wrongful death claim against the liable parties. Oftentimes, an out-of-court settlement agreement can be reached with those responsible. When this cannot be achieved, compensation may be awarded for the untimely death by trial in court.

Important Steps in Filing a Successful Wrongful Death Claim

The death of a loved one may leave you feeling consumed with grief and anxiety. It can be difficult to focus on anything but your recent loss. However, the action you take early on can significantly impact your ability to recover compensation later.

If you suspect that your loved one died as a result of another person’s intentional or negligent act, you should take certain steps as soon as possible.

Appoint a personal representative of the estate

Under New York law, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit on behalf of the surviving family members. While usually a trusted friend or family member, the personal representative is not always a beneficiary of the estate.

At times, the personal representative is named in the victim’s will. In the absence of a will, the court has to appoint a personal representative.

Appointing a personal representative of the deceased’s estate takes time. It is advantageous to begin this process sooner rather than later, as it is a key step in moving forward with your wrongful death claim.

Obtain copies of the death certificate, autopsy reports, and police reports

Proving how and why your relative died is a fundamental part of the wrongful death claim. The deceased person’s death certificate, which states the official cause of death, is a crucial piece of evidence.

If an autopsy was performed, this report can provide convincing evidence of the cause of death. Further, if the police or emergency responders were called to the scene of the incident, their official accident reports can help establish what happened. Gathering such reports will lay a strong foundation for a wrongful death claim or lawsuit.

Gather additional supporting evidence

The wrongful death lawsuit process can be complicated. To successfully resolve a wrongful death claim in your favor, a great deal of evidence may be required.

Relevant evidence related to the accident could include:

• The deceased’s medical records
• Medical bills
• Photos or video of the fatal injuries
• Traffic camera or security camera footage from the scene of the accident
• Documentation of the vehicle or property damage

Additionally, proving financial damages is a significant part of a wrongful death lawsuit.

Important documents to gather include:

• Employment records
• Financial records
• Tax returns
• Insurance policies

No piece of evidence is too small or insignificant. Try to gather all the records that you possibly can. Make sure to hold on to all documentation and evidence for the full duration of your wrongful death lawsuit.

Collect eyewitness contact information

Credible eyewitness accounts of what happened can have a meaningful impact on your wrongful death claim. At times, a person did not see the fatal accident take place but came onto the scene in the immediate aftermath of the incident. In such cases, he or she may still be able to provide valuable testimony regarding the circumstances surrounding your loved one’s death.

The importance of eyewitness testimony should not be underestimated. If multiple witnesses attest to the same circumstance, this can go a long way in holding the responsible parties accountable for the victim’s death. Be sure to gather the contact information for all available witnesses.

Record your personal account of what happened

It can be emotionally taxing to recall the events that led to your family member’s tragic death. However, your personal account of what took place can have a significant effect on the legal process. As time goes by, your memory of how things unfolded may not be as clear.

It is wise to write down your account of what happened as soon as you reasonably can after your loved one has passed away. Be as thorough as possible; even small details can later prove helpful to your wrongful death case. Having a written record of events to refer to will also make explaining your position to a wrongful death lawyer easier.

Consult a New York wrongful death attorney

Wrongful death cases can be emotional, complicated, and time-sensitive. If you believe that your family member died due to another person’s negligence, there is no need to face this devastating situation alone. An experienced wrongful death attorney is the advocate your grieving family needs.

A knowledgeable lawyer can walk you through every step of the claims process. He or she can also ensure that your wrongful death claim is prepared according to New York state laws and time limits.

Having a well-practiced and understanding New York wrongful death lawyer on your side will give you confidence and peace of mind as you move forward with your claim. When you hire a knowledgeable attorney to handle your wrongful death lawsuit, he or she will do the legal legwork so that you can focus on getting your family through this.

Additional Actions an Attorney Will Take in Pursuing a Wrongful Death Claim

Your wrongful death attorney will work with you to gather the evidence proving that someone else’s actions caused the death of your family member. A thorough investigation into the events that led to the decedent’s death can help your attorney establish the certainties of the case. With convincing evidence in hand, he or she will then be able to move forward with various legal proceedings.

Initiating wrongful death settlement negotiations

Most wrongful death claims are settled with the at-fault party or their insurance company before a lawsuit is filed. Families often prefer to enter settlement negotiations before taking a wrongful death case to trial.

To begin negotiations, your wrongful death attorney will write a demand letter to the defendant and his or her insurance company. The letter may detail the circumstances of the death, name the party believed to have caused it, and explain how the evidence points to the case qualifying as wrongful death.

The demand will request compensation for all relevant losses allowed under New York state law, such as:

• Loss of anticipated financial support: The surviving spouse and other family members who relied on the financial support of the deceased may be able to recover the lost income he or she provided.

• Loss of the value of household services: You may now need to hire someone to take care of the household tasks that your family member has performed. You can request financial compensation for these costs.

• Expenses associated with wrongful death: Sadly, a death generally results in a significant amount of expense. You may be eligible to recover compensation for medical expenses, medical bills, funeral costs, burial expenses, and other wrongful death damages.

No two wrongful death cases are the same. The general goal in pursuing a wrongful death claim, though, is to reach a settlement that adequately provides for your family’s immediate and long-term financial needs.

Your lawyer can help you evaluate all settlement offers and make any counteroffers as desired. If a fair settlement agreement cannot be reached, you can pursue a wrongful death lawsuit.

Filing a wrongful death lawsuit

If the defendant or insurer refuses to come to an amicable settlement agreement, your lawyer will file a complaint in civil court for wrongful death. The complaint will outline the details of the wrongful death suit.

The complaint will include the date and time of death, what caused it, and the amount of compensation sought. It will also review the established evidence and laws that apply to the case.

Conducting the litigation and discovery phase

The pre-trial phase of a wrongful death lawsuit includes the fact-finding or discovery period. This allows time for each side to collect and exchange information about the case.

To build a strong wrongful death case, your lawyer may take such steps as:

• Requesting important documents: It is beneficial to see a copy of the defendant’s insurance policy and other financial documents. Such records will show how much potential compensation is available in the case.

• Questioning the defendant in writing: Questions may be submitted to be answered in writing under oath.

• Conducting a deposition: This is an in-person interview, given under oath, recorded, and possibly used as evidence in court.

• Interviewing expert witnesses: Under certain circumstances, the testimony of an expert witness can be invaluable in successfully resolving a wrongful death lawsuit. Expert witnesses may include medical professionals or accident reconstruction specialists.

The purpose of the discovery phase is to firmly establish the facts of the wrongful death case, ensuring that there are no surprises at trial.

Taking your wrongful death case to trial

If all settlement negotiations fail, the wrongful death case will proceed to trial. In court, each side has the opportunity to present evidence, call witnesses, and provide arguments. Additionally, each party may cross-examine the other side’s witnesses.

After the trial, the jury will deliberate and give their verdict. If you are not satisfied with the outcome, you may be able to appeal the decision to a higher court. Your wrongful death lawyers will discuss with you whether or not appealing the verdict would be advisable.

Contact an Experienced Wrongful Death Attorney for Support

We understand that this can be an incredibly painful time for you and your family. Pursuing a wrongful death lawsuit may be the last thing you think you can endure, but you can get the support you need to feel confident in seeking justice for your loved one’s loss.

The New York wrongful death attorneys at Hill & Moin can navigate you through this difficult chapter of your life. Our empathetic legal team is dedicated to defending the rights of New York accident and injury victims and their families. If we take your case, we will do all in our power to help your family recover emotionally and financially from your loss.

Contact a New York wrongful death lawyer today to learn about your Personal Injury Recovery SolutionsⓇ. We serve multiple areas in New York City, including Manhattan, Brooklyn, Queens, Staten Island, and the Bronx. Call Hill & Moin at (212) 668-6000 or fill out our online contact form for a free case evaluation. You can find out what our experienced attorneys can do for you.

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Slip-and-fall accidents can disrupt not just your day but also your life. As someone who has been injured in a slip-and-fall accident, you have every right to seek compensation.

Filing a premises liability claim could help you cover your medical bills, ongoing treatments, and other damages. But you can only be compensated if you report and file your accident on time.

At Hill & Moin LLP, we help injured slip and fall victims report their cases, file their claims, and recover fair compensation. We want to help you understand New York City’s accident deadlines and report your accident on time.

This guide will give you a comprehensive overview of the reporting requirements for slip-and-fall accidents in New York City.

Time Limits for Reporting Slip-and-Fall Accidents in New York City

After a slip-and-fall accident occurs, you may feel too overwhelmed by your fall injury to focus on legal matters. We understand how easy it can be to miss the case report deadlines while focusing on your recovery.

Sadly, missing legal deadlines could interfere with your receiving compensation for your injuries. But knowing when to report a slip and fall case could increase your chances of receiving financial aid for damages.

The unique circumstances of each case greatly influence the time limit for reporting what happened. Property ownership is one factor that dictates report deadlines in New York City. Below are the deadlines for different types of property ownership.

Filing for an injury sustained on private property

A slip-and-fall accident on private property must be filed before the New York statute of limitations runs out. The deadline for your case is counted from the day of the incident, but it would be best to file as soon as possible.

Late filing can reduce the credibility of your slip and fall claim. For instance, if you have not received medical treatment within 7 months for an injury you claim was caused by a property owner’s negligence 7 months ago, you may be less likely to get the compensation you hope to win.

Delay in treatment may make it difficult to prove that your injuries are related to your fall. What’s more, the party liable for your accident, or their insurer, may argue that your injuries are far less serious than you claim

Notifying municipal entities of a slip and fall claim

New York City has many municipal entities that oversee city operations and services. A few of these include:

• The City of New York (A municipal entity that is governed by the Mayor’s Office and the New York City Council)
• New York City Police Department (NYPD)
• The Fire Department of New York (FDNY)
• NYC Department of Transportation (DOT)
• The New York City Department of Parks and Recreation
• The New York Department of Sanitation (DSNY)
• New York City Housing Authority (NYCHA)

What if one of these municipal entities is liable for your injury? The statute of limitations is shorter for accidents on New York City property, such as sidewalks or public parks. The legal time frame to file a personal injury claim against a municipal entity differs from the deadline for filing a lawsuit.

To be more specific, you are required to follow the timelines below:

• Notice of Claim: This is a formal notification to the municipal entity of your intention to pursue a claim against them. You are required to file a Notice of Claim with the municipal entity responsible for the property where your slip-and-fall accident happened.
• Filing a lawsuit: After filing the notice, you must wait for a period of time, as stipulated by law, before filing your slip and fall lawsuit against the municipal entity.

Pursuing legal action against public authorities

Public authorities like the NYC School Construction Authority and the Port Authority of New York and New Jersey may have shorter statutes of limitations than municipal entities. If so, then when you have a potential claim against these entities, you also have less time to file a Notice of Claim and the corresponding lawsuit.

Other public authorities, like the Metropolitan Transportation Authority (MTA), may have slightly different notice requirements. Before preparing your lawsuit or Notice of Claim, speak to an experienced lawyer who will know the current statutes and time limits. Also, you can learn more about slip-and-fall accidents in public transit vehicles here.

Reporting a slip and fall case to the State of New York

The legal structure for premises liability claims against the State of New York is quite extensive. These cases are subject to the Court of Claims Act.

The Court of Claims Act is a set of rules and procedures outlining how people can file claims against the state. This Act gives you two main options when you make a claim against the State of New York, described below.

File a verified claim

Under this option, you are required to serve and file a verified claim, describing the details of the accident and your basis for filing a claim against the state. This option allows you to begin the legal process sooner and possibly reach a quicker conclusion by serving and filing your claim.

 File a Notice of Intention and a verified claim

You have the option to file a Notice of Intention after a slip-and-fall accident. This document serves as a preliminary notice to the state, letting them know you intend to pursue compensation for a slip-and-fall accident. After filing the notice, you may be allowed additional time from the date of your incident to file and serve a verified claim against the State of New York.

The law also specifies that you may sometimes make a motion to treat a Notice of Intention as an actual claim. This may be possible when the Notice was served on time, but the claim was not.

As you can see, the strict procedures for filing a slip and fall claim with different entities can be quite overwhelming. We advise slip and fall victims to seek the help of our knowledgeable personal injury attorneys.

If Hill & Moin takes on your case, we can help ensure that your documents are correctly prepared and filed in compliance with the Court of Claims Act’s requirements. And if your case needs to go to trial in the Court of Claims, we can help you fight for compensation.

The Statute of Limitations for Special Circumstances

While the personal injury statute of limitations of a few years is the general rule for slip and fall claims in New York, there are some exceptions. Special circumstances may allow for an extended deadline for fall victims. Understanding the unique circumstances that might apply to your case can help you and your personal injury lawyer build a compelling claim.

Filing a slip and fall claim for minors or disabled individuals

When minors or disabled persons are involved in slip-and-fall accidents, the statute of limitations differs from other cases. Here are some specific provisions:

• For minors: When someone under 18 years of age is involved in a slip-and-fall accident, the statute of limitations “clock” doesn’t start ticking until the minor turns 18. This means the minor may have a few extra years to file a personal injury lawsuit for injuries sustained.
• For disabled people: The statute of limitations can be modified if a disabled person is involved in a slip-and-fall incident. Most of the time, the modified timeline may depend on the type of disability and the circumstances of the case. In some cases, the statute may be temporarily paused until the disabled individual is deemed capable of pursuing legal action. The courts may consider factors such as the individual’s mental capacity and ability to understand his or her legal rights.

Reporting your slip-and-fall accident when you cannot identify the liable party

Generally, the statute of limitations counts down a few years from the date of your incident. However, in situations where the defendant cannot be identified, this time frame may present a challenge to your compensation claim.

Fortunately, the law acknowledges that an injured party may require extra time to gather evidence and uncover the identity of the responsible party. If it is unclear who this may be, you and your lawyers will have to work diligently to identify them.

Identifying the person responsible can be especially difficult. Here are a few reasons why you may have trouble identifying the responsible party:

• Public spaces like retail stores and malls may have multiple parties responsible for the property; this makes it difficult to pinpoint a single owner
• Property management companies or landlords may be responsible instead of the property owner, adding complexity
• Some property owners may use corporate entities that hide their direct ownership

The reporting deadline for a wrongful death claim

In tragic situations where slip-and-fall accidents cause a fatality, the statute of limitations may differ from the general personal injury statute. Wrongful death claims are often filed on behalf of the deceased person’s surviving family members, seeking compensation for the financial losses incurred.

The specific timeline for filing a wrongful death claim in New York is generally counted from the date of the individual’s death. This allows surviving family members some time to grieve their loss before pursuing legal action through a personal injury lawsuit.

The Benefits of Filing a Slip and Fall Lawsuit Early

The sooner you file your personal injury claim, the more beneficial it can be for you. A delay in pursuing your claim may reduce the evidence and harm your chances of receiving compensation.

Promptly reporting a slip-and-fall accident is crucial for several reasons:

1. Preserving evidence: When you file a claim early, the fresh evidence available makes your case more convincing. Over time, witnesses’ memories may fade or the property owner may fix the hazard that caused your injuries.
2. Medical attention: Getting medical attention as soon as possible is important. These medical records could serve as evidence of the injuries sustained in the accident.
3. Notifying property owners: Reporting the incident notifies the property owners of the slip-and-fall accident, which might prompt them to address the hazard. In this way, future accidents are prevented.
4. Compliance with legal deadlines: Failure to report slip-and-fall accidents within the required statute of limitations window could jeopardize your ability to pursue compensation.

Contact a New York City Lawyer at Hill & Moin LLP Today

After a slip-and-fall accident has occurred, you may want to pursue a personal injury claim or lawsuit. This task can seem intimidating, though, since there are many filing requirements and deadlines. As medical providers provide treatment and expect to be paid, the pressure to report your case on time can increase.

Our knowledgeable New York City lawyers want to relieve your burden and help you report your accident on time – in compliance with local premises liability laws. If need be, our lawyers are even prepared to go to trial to secure fair compensation.

Contact a slip and fall lawyer at (212) 668-6000 to schedule your initial free consultation today and learn about your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

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One of the most difficult situations a person can face in life is the tragic death of a loved one. This can be especially challenging when the death was caused by someone else’s negligence and could have been avoided.

In addition to the deep emotional and familial loss, a tragic death often results in considerable financial strain as well. A wrongful death lawsuit may be one option to recover compensation for the damages caused, so this blog discusses some important details you need to know before deciding your next steps.

The wrongful death attorneys at Hill & Moin LLP are here to answer your questions and provide the information and guidance you need during these difficult moments. Our team is available 24/7 to offer the help you need – call us at (212) 668-6000 to schedule your free consultation with our legal team.

The 3 Types of Damages in NY Wrongful Death Lawsuits

When speaking about both wrongful death and personal injury lawsuits, you will hear the term “damages” frequently. Put simply, damages are losses that have resulted from an injury or death where compensation is available.

Generally speaking, damages awarded to the surviving family members in a wrongful death lawsuit typically fall under one of 3 categories: economic, non-economic, or punitive.

Economic damages

Economic damages, as the name suggests, refer to financial losses due to a person’s death. In many wrongful death cases, a victim may have received medical treatment and care before death, resulting in medical bills and expenses. In addition to these medical expenses, compensation can also be awarded for funeral and burial expenses.

However, these initial and direct expenses do not tell the whole story. Especially when the victim was a main provider for the family, there is a much larger financial impact as well. That is why economic damages in a wrongful death claim often include compensation for lost financial support, such as loss of earnings, benefits, and inheritance.

Non-economic damages

Of course, a wrongful death results in much more than simply financial losses. There is often substantial emotional trauma suffered by the surviving family members.

In many states, surviving family members are able to recover compensation for non-economic damages, such as:

• Loss of love and companionship
• Loss of guidance and advice
• Loss of consortium of the spouse
• Mental pain and suffering of the family members

In New York, however, compensation for pain and suffering is only available to the personal injury victims themselves before their death, not their family members. In other words, you cannot claim non-economic damages by means of a wrongful death claim.

As you can see, proving some damages may be less straightforward. Our wrongful death lawyers take the time to work closely with our clients to understand the damages caused after a wrongful death. Most times, this includes working with experts who can help calculate and prove the amount of damages in a wrongful death case.

Punitive damages

In addition to economic and non-economic damages, at times, punitive damages may be awarded in exceptional wrongful death cases in New York. As implied by the name, punitive damages are not there to compensate for a loss in particular but as additional punishment for the action.

Punitive damages are rare and are typically awarded when a defendant’s actions were grossly negligent or intentional. In order for punitive damages to be awarded, it must be proven that the liable party acted with “conscious disregard or indifference to others’ safety, life or rights.”

The court will decide whether punitive damages are necessary, as well as the amount. Generally, factors such as the severity of the person’s actions or negligence, as well as the impact of the incident on the victim and his or her family, will be considered.

Filing and Recovering Damages in a Wrongful Death Lawsuit

The way wrongful death suits are handled depends largely on the laws of the state where the victim was living at the time of his or her death. These laws vary greatly from state to state, making it especially helpful to work with an experienced wrongful death attorney who is familiar with local laws and statutes.

Who can file a wrongful death lawsuit?

Generally speaking, states fall into one of the following categories when it comes to filing wrongful death lawsuits:

• A surviving family member
• A personal representative
• An executor

In New York, the personal representative of the estate needs to file a wrongful death lawsuit. While the personal representative is responsible for filing the lawsuit, he would not normally be a beneficiary of the settlement unless he was also an eligible family member.

Who can recover damages?

Legal actions filed in the case of a loved one’s death are generally separated into: survival actions and wrongful death actions. A survival action claims damages suffered by the victim prior to his or her death, both financial and emotional. Meanwhile, a wrongful death action is usually limited to seeking economic damages suffered by the surviving family members due to their loved one’s passing.

Compensation awarded for the survival action goes to the estate of the victim which will eventually be divided up according to the will.

According to New York Senate Section 4.1-1, if there is no will, the estate will be distributed in this order:

• If a spouse and no children, the entire amount goes to the spouse
• If a spouse and children, the spouse receives $50,000 and half of the remaining balance, with the children dividing the rest equally
• If children and no spouse, the amount is divided equally among the children
• If there are no children and no spouse, the entire amount goes to the parent(s)
• If siblings and no spouse, parents, or children, the amount is divided equally among the siblings

At times, the estate will also be distributed to the grandparents or grandchildren if there are no closer living relatives.

Compensation awarded by means of a wrongful death claim, however, gets divided up according to who suffered the losses. In most cases, the spouse, children, or parents of the victim can recover compensation by means of a wrongful death lawsuit.

Your wrongful death attorney can help you better understand the options that may be available, depending on your case. It could be that a survival action, in addition to your wrongful death claim, will ensure that your family’s needs are fully met.

Call Hill & Moin LLP Today for the Legal Help You Need

It can be overwhelming and stressful to consider and initiate a wrongful death lawsuit while still grieving your loved one. If you think you have a potential wrongful death case, you do not need to handle this on your own.

At Hill & Moin LLP, NYC, we are dedicated to providing our clients with the support and guidance they need. Our team is available to listen to your story and answer your questions so you can decide on your next steps.

Contact us 24/7 at (212) 668-6000 to schedule your free consultation and learn about our Personal Injury Recovery SolutionsⓇ. A wrongful death claim may be the best option for you.

Don’t wonder about your rights!

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G.A. was on his way to visit his partner’s home when he tripped and fell due to a defective sidewalk. Upon getting up, he limped to his destination with a quickly swelling and bruised ankle. The continuous pain forced him to seek treatment at the hospital, where he was diagnosed with a fractured left ankle.
G.A. contacted a colleague who referred him to Hill & Moin LLP. He called their office and after conducting an intake, an appointment was scheduled to meet with the partners of the firm. The attorneys made a plan of action and began diligently working on his case. Even during the pandemic, the firm moved his case forward with confidence that they would deliver him a settlement beyond his expectations. The case settled for $500,000, which will change the trajectory of P’s life, since he will now be able to live his dream of owning a clothing store.

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Meeting with friends in the park on a beautiful sunny afternoon should have been an enjoyable day of relaxation and leisure for Galyna S., but disaster struck before she even had a chance to arrive. On her way to a local hang-out spot nearby where retired friends often gather, Galyna S. walked down the sidewalk towards her destination. As she was nearing the park’s entrance, her left foot became caught on a raised sidewalk tile. Sent flying through the air, Galyna S. landed on her left side, her arm and knee smashing into the rough concrete of the sidewalk. Frightened and in pain, Galyna S. waited for medical attention to arrive. Realizing this wouldn’t be the only type of assistance she would need, she contacted the attested personal injury attorneys at Hill & Moin, LLP to help her get the justice she knew she deserved. When working with Hill & Moin, Galyna S. realized that the glowing 5-star reviews she had read were accurate for her experience too, noting feeling cared for and listened to throughout her case. Even though she did not speak English, she found the Russian-speaking staff to be extraordinarily helpful. The attorneys took the time to meticulously bring the facts of her accident to light, securing her a remarkable settlement of $400,000! With the fresh start of her newfound monetary relief, Galyna S. hopes that every day will now be a much more pleasant walk in the park.

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New York is an area known for its constant hustle and bustle and sometimes, not even having the “Walk” signal in the crosswalk can keep you safe on the roads. This was the ill-fated truth for P.H. one day when she was on her way to get her tablet fixed at a local repair shop. Walking down a street that she had traveled many times before, it seemed to be a day like any other. Approaching an intersection, P.H. looked up at the crosswalk signal to confirm the presence of the “Walk” symbol before entering the street. All clear, she proceeded into the crosswalk and began to cross. When she had all but made it to the other side, a vehicle appeared seemingly out of nowhere striking P.H. She landed on her back and hit her head on the pavement, sustaining serious injuries in the process. P.H. knew that what happened to her in the intersection was not right, but she didn’t know where to turn for assistance. Grateful to be put in touch with the hard-working attorneys at Hill & Moin, P.H. thanked them for their vigorous approach to negotiating a settlement for her suffering. She felt comforted by the reliable communication from staff at Hill & Moin throughout every step of the way, noting how every concern she had was addressed with knowledge and kindness from support staff and attorneys alike. With this traumatic event now in her past, P.H.’s plans are to savor her life one day at a time. P.H. intends to use her newfound relief secured by Hill & Moin to focus on enjoying all the little things she holds dear, like never missing out on her favorite cup of coffee.

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Sometimes even the activities we consider to be “risk-free” have their own potential unforeseen hazards. For R.M., this meant a routine shopping trip to pick up some groceries from a trusted and well-known chain of grocery stores. Innocently making her way through the store with her cart checking off the items on her list, she was in the final stretch waiting to check out when a display of zucchini caught her eye. Approaching the refrigerator case to get a better look, she slipped and fell and suffered a fracture. She most certainly did not expect to wind up injured and with an even bigger bill than just the groceries, now that she had to seek medical assistance due to her fall. R.M. wasted no time reaching out to the personal injury attorneys at Hill & Moin, LLP, knowing they would know just what to do to get her the financial help she needed. She made the right call, as they secured her a settlement in claim in the amount of $160,000! Asked about her experience trusting Hill & Moin, R.M. was quick to note that the service and communication from the very first intake specialist asking all the right questions to the paralegals and attorneys who worked to get her justice went above and beyond her expectations. R.M. expressed gratitude for the consistent diligence of the attorneys, who worked tirelessly to get the best outcome possible for her case. From answering her questions to following up on promises, Hill & Moin made R.M. feel able to rest assured throughout this trying time. With her exhausting ordeal behind her, R.M. plans to use her settlement to renovate the exterior of the property she owns so that she can enjoy the fruits of her investment for many years to come.

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Nobody likes taking a trip to the grocery store, but Yurii D. had an especially unfortunate experience during one visit in particular. Walking back to his car with his wife after picking up some essentials, Yurii D. was steering a pushcart filled with his newly purchased groceries along the sidewalk. As Yurii D. walked, the streetlights illuminated his path. Even so, he did not notice the uneven and jagged edge of the sidewalk until it was too late. The wheel of Yurii D.’s pushcart became lodged in the crack, forcing the cart to a stop and sending him toppling over it. Landing on his right shoulder on the concrete below, Yurii D. immediately knew he had been injured. As he and his wife stopped to assess the sidewalk crack, they also thought it wise to reach out to the attorneys at Hill & Moin, LLP. It was a good thing they did, because Hill & Moin, LLP wasted no time taking the necessary steps to start Yurii D.’s case to get him the relief he sought. When speaking on his experience with Hill & Moin, Yurii D. notes that despite navigating a slight language barrier, the whole staff was always cheerful, ready to help, and answered his questions whenever he addressed them. With their expertise, the attorneys at Hill & Moin managed to obtain an impressive $460,000 for Yurii D. With this ordeal in the past, Yurii D. is moving on, citing plans to support his family and also to support humanitarian efforts for those affected by the war in Ukraine.

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If you know someone who has died as a result of someone else’s negligence, wrongful act, or misconduct, our hearts go out to you. When you have suffered such a tragic loss, you feel it deeply – especially when injustice robbed you of your loved one.

Who was to blame? Can you hold that person or entity responsible for what happened? Who can help you make the most of wrongful death lawsuits?

The wrongful death attorneys of Hill & Moin LLP, based in New York City, can do more than answer these questions. We are also prepared to give you legal advice you can afford while offering you the solutions you need.

Even if you are just a little bit curious as to whether retaining a wrongful death lawyer would be worth it in your case, we welcome your call. Hill & Moin’s compassionate representatives are standing by 24/7 – so feel free to call (212) 668-6000 anytime, day or night, to schedule a free consultation with our legal team.

Evaluating Your Situation to Get Started

Before legal action is set in motion, your wrongful death lawyer must first identify the party who is eligible to file the wrongful death lawsuit.

It’s possible that you, even as a surviving family member of the deceased, will not be eligible to file the wrongful death lawsuit in your name. This may not mean, however, that you will be barred from compensation.

The estate representative, named in the deceased’s will, may bring the wrongful death claim. By New York State law, only the spouse, children, parents, or parent’s children may otherwise file the lawsuit.

Yes, the jurisdiction of your case matters – and laws always change. Hill & Moin, though, has the resources and know-how to clarify your options for you.

Our New York wrongful death lawyers keep on top of the changing statutes and can let you know:

• Whether you have a solid wrongful death claim
• How much time you have to file your wrongful death lawsuit
• Who in your family can bring the wrongful death claim
• Who is truly liable for the wrongful death
• What damages you may qualify to receive
• How much compensation we have won for similar wrongful death cases previously

To collect all the information we need, our wrongful death attorneys may ask you detailed questions such as:

• What was the cause of death?
• Did your loved one pass right away, or did he or she suffer for some time after an accident?
• Where did the accident take place?
• Who do you think caused the wrongful death?
• Could there be another causal factor that you are unaware of?
• Who saw what happened?

It could be that some of the above questions don’t quite fit your situation. This is quite understandable. Wrongful death cases can arise from a variety of situations, including car accidents, slips and falls, medical malpractice, workplace accidents, use of defective products, and more.

No matter how your loved one came to pass, and whether or not you are sure you have a solid potential claim, come talk to the compassionate wrongful death attorneys at Hill & Moin LLP. We can identify and narrow down the best possible options for you.

Working Hard on Your Behalf

Please be aware that it is incredibly difficult to represent a personal injury case – even what may seem like a straightforward wrongful death lawsuit – on your own. Deadlines need to be met. Extensive documentation must be prepared.

To meet these challenges, you can put our time and efforts to work for you. Experienced New York wrongful death lawyers, including those at Hill & Moin LLP, have what it takes to make the most of your wrongful death lawsuit, protect your rights, seek justice for your family, and take your case all the way to court if necessary.

No need to worry – despite any challenges or complications that you anticipate regarding your potential wrongful death claim, we can give you ways to tackle those obstacles.

When Hill & Moin LLP takes on your case, you can also trust us to tell you when to accept an agreement – and when to hold off on signing the settlement papers. To stay informed enough to identify fair compensation, it takes legal knowledge, experience, and skill. That’s why wrongful death lawyers are here to help.

The legal team at Hill & Moin has decades’ worth of know-how that we would like to use to help you come away with a fair amount and a more stable financial situation for your family.

Maximizing Your Wrongful Death Claim by Using Everything At Our Disposal

Together, we can consider who in your family may file a wrongful death claim, how extensive the financial repercussions of your loss have been, and even how much total amount of money you may be entitled to receive. It could be that you qualify to receive a much larger sum than you imagine now.

We know how to maximize your compensation – that’s what makes working with a wrongful death attorney especially worth it. Not only do we have the experience, but we also have the resources and contacts to prepare a solid case in your favor.

For one, wrongful death lawyers know who to call – take expert witnesses, for example. These could be:

• Medical experts
• Vocational experts
• Engineering experts
• Forensic experts
• Financial experts

Whether your case goes all the way to trial or not, the testimony of doctors or nurses can be useful in establishing the medical facts of a wrongful death case. In the case of a tragic car accident, accident reconstructionists are the experts we could call upon to lend their expertise and prove your side of the story.

Your wrongful death lawyer will also be able to take care of gathering all evidence and relevant police reports while you are free to focus on your recovery and on your family’s well-being.

After all, you probably don’t have the energy or mental capacity at this time to handle such a weighty legal matter – so please just leave things to your attorney. This can mean a higher settlement than handling the legalities by yourself.

Addressing All the Complications of Determining Liability

Even the notion of filing a wrongful death lawsuit can feel overwhelming – even impossible. We at Hill & Moin understand such anxiety and reluctance, which is why our attorneys went into the legal profession in the first place – we want to help you and have the ability to lessen your burdens.

After we take on your case, the “pre-litigation” phase continues with us examining every factor of what happened and how your loved one came to pass away. Why? In order to determine liability.

Liability is the main factor that must be established by the evidence. Simply put, the liable party is responsible for your loved one’s death. In New York, this means that the same party is thus legally responsible for compensating you for the resulting financial damages.

The following steps must be taken in order to determine who is liable in your wrongful death case:

1. Investigation: Gathering documents, interviewing witnesses, and consulting experts

1. Review of laws and regulations: Your attorney will review the laws and regulations that apply to your case to determine which legal standards and duties may have been violated

1. Identify the at-fault party: Your attorney will identify the party who is shown to be liable for the wrongful death; this could be an individual, a company, a healthcare provider, a driver, or any entity whose negligence or wrongful actions contributed to the death – maybe even multiple parties are at fault

1. Establish wrongful conduct: To prove liability, your attorney must demonstrate that the at-fault party was negligent or engaged in wrongful conduct that directly led to the wrongful death; this typically involves showing that the liable party breached a duty of care owed to the deceased

1. Find causation: It is crucial to establish a direct link between the at-fault party’s actions and the death; your attorney must prove that the negligent or wrongful conduct was a substantial factor in causing the death

1. Calculate total damages: Your attorney will also work to establish the damages suffered by the surviving family members as a result of the wrongful death; in New York, wrongful death compensation is limited to economic losses such as medical expenses and funeral costs, so you cannot receive emotional damages such as pain and suffering

Clearly, determining liability in a wrongful death case can be complex. Each case is unique, and the specific steps to be taken until resolution may vary based on the situation and the laws of the jurisdiction where the case is filed.

Thus, such situations call for the assistance of an experienced wrongful death lawyer who can build a compelling case on your behalf based on the evidence and legal principles involved.

Could it be that multiple parties share liability in your case? Suppose, for instance, that someone passes away due to being severely injured by a defective product. In such a case, we must look at the designer, manufacturer, and distributor of that product in order to determine the liability of each party. It could be that all three share responsibility for the accident.

In any case, the evidence must show that each party you sue is indeed responsible for what happened.

Once liability has been established, we will know who to file a wrongful death lawsuit against. And so the litigation is finally set in motion.

Seeing a Case Through to Completion

A wrongful death lawsuit, like any legal claim, calls for extensive paperwork to be completed – and all on time. Your wrongful death lawyer can prepare and file the necessary legal documents before the statute of limitations, as set by New York State laws, runs out.

Next, the defense will have the chance to respond to the complaint, either admitting to or denying the allegations. They may also file motions to dismiss the case or seek to have certain allegations dismissed.

From there, both sides of the wrongful death case engage in what is called the “discovery” process, during which they exchange information, documents, and evidence relevant to the case. This phase helps to establish liability and damages further.

Then negotiations can finally begin between the suing and liable parties. The goal is to come to a settlement that both sides can agree on.

It may be possible to reach an agreement on a fair amount of compensation before going so far as a trial in civil court. In fact, this is rather common among civil claims, which include wrongful death cases.

On the other hand, if a settlement cannot be reached in our client’s favor, our wrongful death attorneys are prepared for the next step: going to trial.

Taking Your Case All the Way to Court

Perhaps the liable party is somewhat imposing – a widely acclaimed doctor who performed medical malpractice or a car manufacturer who produced a faulty part that caused a car accident. Regardless, experienced attorneys will not be intimidated to represent you at a civil trial.

Rather, even when a successful out-of-court settlement has been our expectation, you will find that we have prepared for the possibility of an eventual trial anyway.

We will not be caught off guard by the change in the situation. At Hill & Moin, our team members will be ready to evaluate the situation when it comes along, make our recommendation to you, and then let you make the final decision regarding going to trial.

Either way, we will make our recommendation out of care for your best interests. Depending on your situation, you could be awarded a much more fair settlement by the judge or jury. However, there are times when settling out of court is more advantageous – to avoid high litigation costs, for instance.

When a wrongful death lawsuit does go to court, what happens? During the trial, both sides present evidence and arguments to prove or disprove liability and damages.

Your wrongful death lawyer can help show the judge and jury how the evidence backing up your wrongful death claim shows that the responsible party allowed a dangerous condition to exist or develop, or performed negligence in some other way, which led to your loved one’s death.

Finally, a judge or jury will make a determination and issue a verdict. If the defendant is found liable for the wrongful death, then compensation will be awarded to the surviving family members.

As you can see, wrongful death attorneys are the strong advocates you need at a hard time like this. If we take on your case, we work hard to protect your rights and best interests. We want to achieve the ideal outcome for you.

Giving You the Options You Need

“Free advice” is perhaps not as fitting a term as “invaluable advice.” Either way, that’s what you will find at Hill & Moin LLP serving New York.

We offer free consultations to ensure that everyone has a fair chance to get quality legal counsel and guidance. That’s also why we take all cases – including wrongful death claims – on a contingency basis. This means we only get paid when you get compensated.

After all, we don’t want to add to your burdens, whether financial or emotional. Rather, we want to empower you with the options to see you get both justice and compensation – along with peace of mind.

Thus, even if your case does not fall under our jurisdiction, Hill & Moin still has your back. We have a wide network of trusted attorneys and law firms who we can recommend to take on your case when we can’t.

Why is this important? Because we want the best for you. You deserve to have your concerns addressed, needs justified, and compensation maximized.

If we do direct you to another firm, please be assured that we would not make such a recommendation unless we are positive that the law firm we direct you to can serve you as well as our law firm would – with compassion and skill at winning large judgments and settlements for clients.

Finding Compassion and Care for Your Needs

Working with an experienced wrongful death attorney is not only crucial in resolving the financial repercussions of your loss – it also brings you peace of mind.

Let your wrongful death lawyer navigate the entire legal process and protect your rights while you can focus on yourself and on your family. That is certainly what Hill & Moin wants for you.

With attorneys who have become known for making clients feel like they have a “lawyer in the family,” why wouldn’t you want to come speak to Hill & Moin’s attorneys? We have the empathy – in addition to decades of experience and knowledge – to handle your wrongful death case with care and compassion.

Come talk to us to learn whether the Personal Injury Recovery SolutionsⓇ we can offer suit your and your family’s situation. Representatives of our New York City team are standing by 24/7 to take your call, so dial (212) 668-6000 anytime to get a head start on your potential legal case.

Don’t wonder about your rights!

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