Wrongful Death Attorneys in Nassau County, NY

Losing a loved one is an indescribable pain, especially when their death is the result of someone else’s negligence. If you are dealing with the pain and suffering of a loved one’s death, the Nassau County wrongful death lawyers at Hill & Moin LLP extend our heartfelt condolences. We understand the profound impact such a loss can have on a family, both emotionally and financially. In these difficult times, having the right legal guidance is crucial, and our team is here to support you through every step of your wrongful death claim.

At Hill & Moin, our personal injury lawyers will listen to your story and advise you on how it’s best to proceed with your claim. Schedule a free consultation today by calling (212) 668-6000 or filling out our online contact form.

What Is the Time Limit to File a Wrongful Death Claim in Nassau County, NY?

The statute of limitations, or the legal time limit, typically allows only a few years from the date of the loved one’s death to initiate a lawsuit. In Nassau County, and the other boroughs of New York City, the time limitation for filing a wrongful death action is two years from the person’s death. However, certain circumstances can affect this time limit.

Situations That Affect the Statute of Limitations for Wrongful Death in New York

The statute of limitations for wrongful death cases in New York can be influenced by various factors. These are:

• Criminal Cases: Pending criminal proceedings against the responsible party; in this case, the plaintiff has one year to bring wrongful death action against the defendant, after the ending of the criminal case.
• Medical Malpractice: Cases involving wrongful death due to medical malpractice; in this case, the statute of limitations is two years and six months.
• Municipal Negligence: If the wrongful death results from the negligence of the municipality or a government agency, the plaintiff has 90 days to submit a Notice of Claim.
• Age of Beneficiary: If the beneficiary is under 18, the statute will be “tolled” until they reach 18 years of age.

You need not worry about these matters, though. If you appoint a Nassau County wrongful death lawyer to manage your case, they will make sure to guide you through the legal timelines and exceptions, ensuring you don’t miss your window for seeking justice.

Who Can File for Wrongful Death in Nassau County, NY?

Navigating the legal landscape after losing a loved one can be overwhelming. In Nassau County, New York, the right to file a wrongful death lawsuit is specific, and primarily limited to the personal representative designated in the deceased person’s estate, either through a will, estate plan, or court appointment during probate.

Who Can Be The Estate Representative?

The estate representative may typically be a family member, a friend of the deceased, or a professional. They file the claim on behalf of beneficiaries and surviving loved ones. If successful, the court considers the personal representative as a trustee, holding the award for the future benefit of family members who will eventually receive the proceeds.

What if There Is No Will?

In the absence of a will, when an individual passes away, the Surrogate’s Court initiates the administration process. This entails the appointment of a suitable individual, typically one of the deceased person’s closest family members, to assume the role of the estate administrator.

The hierarchy for appointing an administrator is outlined as follows:

1. Spouse
2. Children
3. Grandchildren
4. Parents
5. Siblings

Understanding these nuances requires legal expertise and our Nassau County wrongful death lawyers at Hill & Moin LLP are dedicated to helping you identify the eligible party and build a solid case.

How Long Does a Wrongful Death Lawsuit Take to Settle?

Wrongful death claims are almost never identical. Each case comes with its own set of specific factors. Thus, the duration can vary widely, with some cases settling in a matter of months and others taking several years. Factors such as determining fault, proving liability, negotiating with insurance companies, and potential criminal implications can influence the timeline. Our experienced attorneys are committed to efficiently navigating your wrongful death case while ensuring compassionate and personalized support for you and your loved ones during this challenging time.

What’s My Wrongful Death Claim Worth?

Determining the value of a wrongful death claim involves assessing various factors. The list includes:

• The age of the victim
• Their overall health
• Potential earnings that the deceased could have accrued
• The expected duration of their life
• The manner in which the deceased provided support to their family

Compensation may cover economic losses like medical expenses and funeral costs. It’s important to note that in New York, compensation for pain and suffering is exclusively accessible to the victims of personal injury during their lifetime, and not extendable to their family members. To clarify, non-economic damages cannot be pursued through wrongful death action.

How Can Our Wrongful Death Lawyers Help You?

Facing a wrongful death claim is a challenging journey, and having dedicated legal support is crucial. Our Nassau County wrongful death attorneys at Hill & Moin LLP bring compassion, experience, and a commitment to justice to every case. Here’s how we can assist you:

Thorough Case Evaluation

Our legal team conducts a comprehensive evaluation of your case, considering the circumstances surrounding your loved one’s death. We assess liability, gather evidence, and identify the responsible party, laying the foundation for a strong case.

Skillful Negotiation

Dealing with insurance companies and navigating legal negotiations can be daunting. Our attorneys are adept at negotiating on your behalf, ensuring that any settlement offered is fair and reflects the full extent of your losses.

Vigorous Representation in Court

While many cases are resolved through negotiation, some may proceed to trial. In such instances, you can be sure that your wrongful death attorney will prepared to provide vigorous representation in court. We ensure that your case is effectively presented, maximizing your chances of a favorable verdict.

Transparent Communication

Throughout the legal process, we maintain open and transparent communication. Your wrongful death lawyer will keep you informed about the progress of your case, advise you on critical decisions, and offer guidance to alleviate the legal burdens, so you to focus on your well-being and that of your family.

Contact Our Wrongful Death Lawyers

Unexpected deaths are profoundly saddening. Daily, unforeseen, and preventable fatal accidents occur due to various reasons. If a person you cherish loses their life due to someone else’s error, it is crucial to act promptly. Immediate steps should be taken to understand the necessary course of action.

Hill & Moin LLP is here to provide the legal support you need. Our Nassau County wrongful death attorneys are available for a free consultation to discuss the specifics of your case. When you choose our law firm, it is like having a lawyer in the family. We manage wrongful death cases on a contingency fee basis; if we are unable to secure compensation for you, there are no charges. Contact us at (212) 668-6000 to take the first step toward seeking the compensation and closure you deserve. We also serve Manhattan, Staten Island, Queens, and the Bronx.

Don’t wonder about your rights – let us be your dedicated advocates in this challenging time!