Staten Island Wrongful Death Attorneys

In the aftermath of losing a loved one due to negligence, pursuing justice becomes imperative. Filing a wrongful death claim serves to hold the accountable party responsible, prevent future harm, secure financial stability for surviving family members, and bring solace and closure in the face of injustice.

If you have lost a loved one due to someone’s negligence or wrongful act, reach out to Hill & Moin LLP. Our Staten Island wrongful death attorneys provide free consultations to family members of all wrongful death victims.

When you choose Hill & Moin LLP to advocate for your wrongful death lawsuit it is like having “a lawyer in the family.” Don’t hesitate to call our law firm today at (212) 668-6000 to gain insights about your case through a complimentary case evaluation.

The Main Causes of Wrongful Death in Staten Island, NY

Wrongful deaths in Staten Island can stem from various causes, reflecting the diverse circumstances that lead to tragic outcomes. Such circumstances include:

• Auto accidents
• Various forms of violent assault
• Accidents involving public transit vehicles
• Pedestrian accidents
• Construction accidents and other workplace accidents
• Medical malpractice and medical negligence
• Nursing home abuse or neglect
• Slips, trips, and falls
• Negligently manufactured or dangerous products

Cases Involving Vehicle Accidents

According to SILive, there was a slight drop in Staten Island auto accident fatalities in 2022, as opposed to 2021. The total of auto accident fatalities registered in 2022 was 13, down from a number of 14 registered in 2021. Moreover, the Department of Transportation (DOT) announced that there were 255 total traffic fatalities in New York City in 2022, down from 273 recorded in 2021.

Fatal outcomes in most car accidents stem from entirely avoidable human errors. Reckless driving or operating a vehicle under the influence of alcohol or drugs ranks among the most common causes of fatal car accidents. In the past decade, there has been a notable increase in fatalities attributed to speeding and distracted driving.

Of course, a wrongful death suit may arise from factors such as defective roads or insufficient warnings during construction and repair activities. A knowledgeable Staten Island wrongful death attorney can assist in establishing the liability of even government agencies responsible for maintaining faulty roads, enabling the pursuit of damages through a wrongful death claim.

Cases Resulting from Accidents in Public Spaces

Wrongful death cases in Staten Island can arise from accidents in public spaces encompassing a broad spectrum of incidents that tragically lead to loss of life. Public spaces, such as parks, sidewalks, and recreational areas, can be sites of fatal accidents due to various factors like inadequate maintenance, negligent property management, or insufficient safety measures. Slip and fall accidents, often caused by wet floors or poorly maintained walkways, can prove fatal. Similarly, inadequate security in public spaces may contribute to assaults or criminal activities resulting in wrongful deaths.

Cases Arising from Intentional Acts

While negligence is a common cause of wrongful deaths, some stem from deliberate acts. In 2022, New York City witnessed 433 lives lost to homicides, underscoring the intentional nature of some fatalities. Regardless of the existence of a criminal case, you may have grounds to file a wrongful death lawsuit if your family member’s death resulted from someone else’s deliberate actions.

Distinctions in-laws and burdens of proof exist between criminal and civil cases. Therefore, even if an individual is acquitted in a criminal court, there remains a potential for a successful wrongful death claim, as the standards and considerations in civil proceedings may differ, allowing for a thorough examination of intentional actions leading to the tragic loss of life.

Understanding Wrongful Death Laws in New York

In the state of New York, a wrongful death occurs when someone’s death is caused by the wrongful conduct, negligence, or default of another party. The purpose of wrongful death laws is to provide a legal avenue for family members to seek compensation for the financial and emotional losses they have suffered as a result.

Sections 5-4.1 and 5-4.3 of the Estates Powers and Trust Law (EPTL) comprehensively address all aspects within the purview of our courts, outlining the permissible avenues for recovery by both the distributes and surviving family members. To summarize that, the eligible family members, such as spouses, children, and parents, can file a wrongful death claim. Damages sought in these cases may include funeral and burial expenses, medical costs incurred before the victim’s death, loss of financial support, and compensation for the emotional pain and suffering experienced by the family members of the decedent.

The Statute of Limitations for Wrongful Death in the State of New York

The legal timeframe within which individuals are permitted to initiate a lawsuit or file a claim is referred to as the statute of limitations. Each state establishes its own time limitation rules, particularly in the context of wrongful death lawsuits, which may differ from the duration allowed for other general personal injury cases at the local level.

In numerous personal injury cases in New York, the injured party typically commences the claim against the liable party. However, in cases of wrongful death, the person who died cannot initiate the claim. So, the exclusive authority to file a wrongful death claim lies with the personal representative of the decedent’s estate. The time limit to file a wrongful death claim is generally two years from the date of the person’s death.

However, several factors can influence the statute of limitations in a wrongful death case. These include situations where medical malpractice led to wrongful death, instances in which there is a pending criminal case against the defendant, and situations where the negligence of a municipality resulted in the death of a person.

Many additional factors can also contribute to the complexity of determining the statute of limitations for a wrongful death claim. Thus, consulting with a legal professional familiar with New York wrongful death lawsuits such as the experienced Staten Island wrongful death lawyers at Hill & Moin LLP, is essential. They will help you navigate the complexities of these laws, ensuring that the rights of the surviving family members are protected and that they have the opportunity to secure the compensation they deserve.

Understanding Liability in Staten Island Wrongful Death Claims

As we’ve already mentioned, in a wrongful death case liability can stem from wrongful conduct or negligence. If an individual’s negligent behavior leads to the death of another person under circumstances that would have otherwise constituted a personal injury claim had the injured party survived, the legal system recognizes this as a wrongful death.

In cases involving negligence, the party at fault may be held liable if their actions deviated from the standard duty of care, leading to the fatal incident. For example, a reckless driver, a negligent healthcare professional, or a property owner failing to provide the necessary duty of care for customers or visitors could all be deemed responsible.

In intentional wrongful death cases, where the death resulted from purposeful harm or violence, the perpetrator can be held criminally liable and may also face civil liability in a wrongful death lawsuit.

Determining Fault in a Wrongful Death Case

When formulating a wrongful death claim and constructing a strong case for the plaintiff, one of the first steps a wrongful death lawyer will take is determining fault. The legal expert will scrutinize evidence, witness testimonies, and expert opinions to establish negligence or misconduct by the alleged party. Factors such as reckless behavior, negligence, or intentional wrongdoing are carefully weighed leading to the correct attribution of responsibility.

In many instances, there may be more than one party at fault for the decedent’s death. In such instances, the legal process must cover shared responsibility, often calling for a nuanced evaluation of each party’s actions leading up to the tragedy. The determination of fault may involve collaborative efforts among legal experts, investigators, and forensic specialists to ensure a comprehensive and accurate assessment of the circumstances surrounding the wrongful death.

The pursuit of justice in wrongful death cases seeks not only compensation for the surviving family but also accountability for the responsible party. It’s also important to note that courts play a crucial role in impartially assessing the evidence and applying legal standards to determine fault and administer justice.

Proving Fault in a Wrongful Death Case

While you might have a strong belief about who is responsible, in a legal context, establishing liability requires concrete proof. Accumulating substantial evidence to substantiate your claims becomes imperative. Once liability is confirmed, the subsequent course of action involves pursuing a fair settlement.

In many personal injury cases or wrongful death cases, the opposing party might attempt to create reasonable doubt, introducing uncertainty regarding their responsibility. Hiring a wrongful death lawyer becomes crucial, as they possess the expertise to diligently collect and present compelling evidence. This strategic approach ensures that you receive the rightful compensation you deserve, countering efforts to undermine accountability and reinforcing the strength of your case.

Consulting with an experienced Staten Island wrongful death lawyer is highly recommended for families pursuing wrongful death claims. Our compassionate attorneys at Hill & Moin LLP can assess the unique circumstances of each case, determine liability, and guide the family through the legal process, aiming to secure the compensation and justice they deserve.

Seeking Justice with Hill & Moin LLP – Your Staten Island Partners in Wrongful Death Cases

Navigating a wrongful death lawsuit amid the grief of losing a loved one can be overwhelming. At Hill & Moin LLP, we understand the emotional challenges you face. Our law firm is committed to providing the support and guidance you need during this difficult time. You don’t have to confront this alone.

If someone you love has lost their life due to a wrongful or negligent act, you may be entitled to funeral expenses, medical expenses, lost wages, and a variety of other wrongful death damages. Our personal injury attorneys are highly experienced at obtaining the greatest relief possible in wrongful death cases. Also, we handle cases on a contingency fee basis. In other words, you owe us nothing if we do not secure compensation for you.

Contact us anytime at (212) 668-6000 to schedule a free consultation and explore the Personal Injury Recovery SolutionsⓇ that may be the best path forward in your wrongful death claim. Our attorneys are here to listen, answer your questions, and empower you to make informed decisions.