Manhattan Wrongful Death Attorneys

Losing a loved one to the negligent act of another is a devastating experience that can be compounded by financial strain. At Hill & Moin LLP, we understand the profound emotional and financial impact of such a tragedy. Our seasoned Manhattan wrongful death attorneys are here to assist you 24/7, providing the information and guidance you need to make informed decisions.

Whether you’re seeking justice, wondering about the responsible party, or contemplating legal action, we offer a free consultation to discuss your case. We manage cases on a contingency fee basis; if we do not obtain compensation for you, you owe us nothing. Contact us at (212) 668-6000, and let Hill & Moin LLP be your ally during this challenging time.

How Our Manhattan Lawyers Handle Wrongful Death Cases

Hill & Moin LLP takes pride in its capability to stand up for the residents of Manhattan during challenging times. Throughout the years, our personal injury attorneys have assisted numerous families in seeking justice following the loss of their loved ones or clients who have suffered injuries due to one’s negligent actions. When you opt for our services, we will:

Manage Your Case’s Paperwork. Wrongful death claims involve a significant amount of paperwork. Your wrongful death attorney will handle the preparation and filing of legal documents, ensuring that all necessary paperwork is completed accurately and on time.

Make Sure You Won’t Miss Any Deadlines. Statute of limitations compliance is of the essence in a wrongful death suit. In the State of New York, the statute of limitations for wrongful death is generally two years from the date of the person’s death. However, several factors can influence the time limit a family member can file a claim. When you choose our personal injury law firm, we will ensure that all legal deadlines are met, and your right to seek compensation is protected.

Gather Evidence to Build You a Strong Case. A wrongful death lawyer at our law firm can conduct a thorough investigation into the circumstances surrounding your loved one’s death. This involves collecting evidence, speaking to witnesses, and consulting experts if necessary to build a strong case.

Deal With Insurance Companies. Dealing with insurance companies can be challenging. That’s because they employ all kinds of techniques to take advantage of you and minimize the amount they owe you. A lawyer at our firm will handle negotiations on your behalf, working to secure fair compensation for your losses.

Determine Who Is Liable for Your Loved One’s Wrongful Death. Identifying the party or parties responsible for a person’s death is crucial. Our legal professionals will meticulously examine evidence, witness statements, and expert assessments to establish any negligence or misconduct on the part of the accused party or parties. Elements like reckless conduct, negligence, or intentional wrongdoing are thoughtfully assessed, ensuring the accurate assignment of responsibility.

Represent You in Court. If a fair settlement cannot be reached, and your claim goes to trial, we are fully prepared to represent you in court. We will present your case to the judge and jury, cross-examine witnesses, and argue on your behalf to seek the compensation you deserve.

Provide Overall Legal Guidance. Wrongful death lawsuits can be complex, with multiple parties involved, and a wide variety of factors may need to be taken into account. But rest assured that a wrongful death lawyer at our law firm will offer you all the necessary expert legal advice, explaining your rights and guiding you through the whole legal process.

How Do You File a Wrongful Death Claim in Manhattan, NY?

Whether you’re in Manhattan or other boroughs of New York City, the same rules apply for filing a wrongful death claim as for the rest of the state. In general terms, the process has four main elements. These are:

Contacting a Wrongful Death Lawyer

Though you have the option to handle your claim independently, reaching out to an attorney who specializes in wrongful death lawsuits increases the likelihood of securing the compensation you deserve. That’s because wrongful death cases are intricate, and legal nuances can significantly impact the outcome.

We’ve already mentioned above what our personal injury attorneys at Hill & Moin can do for you. We can skillfully negotiate with insurance companies, handle all the necessary paperwork required by your case, gather evidence, etc. Moreover, we will provide valuable emotional support during this challenging period, allowing you to focus on grieving while they handle the legal complexities.

Determining the Family Members Who Are Eligible to File

In a New York wrongful death case, not all relatives have the legal standing to file a claim. According to New York Law §4-1.1, the right to file a lawsuit is extended to the decedent’s:

• Children
• Parents
• Spouse
• A designated representative of the decedent’s estate

As a general rule, siblings and cousins of the decedent lack the inherent right to pursue a wrongful death lawsuit. That, unless they have been explicitly appointed as a guardian or personal representative.

At Hill & Moin LLP, we understand this can be quite confusing. However, rest assured that we will provide you with all the legal help you need in determining whether you or any other member of the family can file a claim for the wrongful death of your loved one.

Establishing Liability

In establishing liability for a wrongful death claim, uncovering the responsible party is crucial, especially when the circumstances are unclear. At Hill & Moin LLP, we can assist you in obtaining the essential evidence and meeting the burden of proof to demonstrate that the at-fault party:

• had a duty of care,
• they neglected that duty of care,
• their negligence resulted in damages.

It is important to note here, that New York follows a comparative negligence rule. This allows the representatives of the decedent to seek damages even if their loved one was partially at fault. The damages awarded are reduced proportionately to their degree of fault. This system ensures a fair distribution of liability and allows recovery for injured parties, even when contributing to the incident.

Determining Recoverable Damages Resulted from the Decedent’s Death

In a wrongful death lawsuit, only two types of damages can be pursued. These are economic damages and the conscious pain and suffering experienced by the deceased individual, which fall in the category of non-economic damages. The surviving family members are not eligible for their own pain and suffering.

Among economic damages, top of the list are costs incurred for medical bills or nursing care before death and funeral expenses. Family members of the deceased have the right to recover compensation for the value of support and services. Children of the deceased may seek recovery for the loss of parental education and guidance.

What Happens If a Wrongful Death Claim Goes to Trial?

In Manhattan, and the other boroughs of New York City, most wrongful death claims are settled out of court. That’s because there are quite a few benefits to it. For example, the case is concluded sooner which will save you money, your stress will end sooner, you’ll minimize any potential negative publicity, and the final decision does not depend on a jury.

However, if a claim turns into a suit, the following events will take place:

• Filing the lawsuit – the plaintiff (and their legal team) initiates legal proceedings.
• Discover phase – both parties exchange information. Depositions take place, documents are requested and exchanged, and other fact-finding procedures unfold.
• Pre-trial motions – both parties address specific legal issues and request the court to admit or dismiss evidence.
• Settlement discussions – just like before a suit is filed, the possibility of a settlement remains open and may be re-discussed.
• Jury selection – the court selects a jury.
• Opening statements – attorneys of both parties present their case’s key points.
• Witness testimonies & evidence presentation – both sides present witnesses and evidence supporting their arguments. Attorneys also cross-examine witnesses and evidence trying to challenge their credibility.
• Closing arguments – attorneys summarize their case to the jury.
• Jury deliberation – the jury tries to reach a verdict based on the evidence presented.
• Verdict – the jury delivers the verdict; if the defendant is found liable for the decedent’s death, damages are awarded to the plaintiff.

Hill & Moin LLP – Compassionate Wrongful Death Attorneys in Manhattan, NY

In the face of unimaginable loss, Hill & Moin LLP, Manhattan’s trusted wrongful death attorneys, offer more than just legal representation; we extend a familial embrace during your challenging times. With over 40 years of dedicated trial and appellate experience, our team understands the profound impact of losing a loved one due to someone else’s negligence.

We believe in the power of compassionate advocacy, treating clients like cherished family members. Your journey towards justice begins with a free consultation where our experienced wrongful death lawyers listen to your story, providing guidance on the best course of action. At Hill & Moin LLP, we’ve built a legacy of tenacious advocacy, securing fair settlements for our clients.

Don’t navigate the complexities of wrongful death claims alone; let us be your ally. Call us at (212) 668-6000 or connect with us online to learn about your Personal Injury Recovery Solutions®.

Don’t wonder about your rights!