New York Wrongful Death Lawyers

Losing a family member is something no one wants to go through. You are dealing with grief after losing a loved one, in addition to finances can cause chaos, especially if the loved one was the sole provider for the family.

After losing a loved one filing a lawsuit is often the last thing from your mind. A wrongful death lawsuit at that. However, if you believe the death of a loved one was caused because of the negligence of another person, it is important to file a lawsuit to receive the compensation you deserve.

Wrongful death can occur anywhere, including at your job, in a car accident, during surgery, or other medical complications. And, filing a wrongful death case, you as the surviving family can receive compensation for lost and future wages, medical costs, and funeral arrangements.

New York Hill & Moin lawyers know the emotions that take place after losing a loved one. We understand that dealing with the legal process of a wrongful death lawsuit is often the last thing from your mind. At Hill & Moin, we treat you as if you were family. Let our attorneys for wrongful death help you recover from a wrongful death case and seek justice for your loved one.

The legal team at Hill & Moin is like having a lawyer in your family. Do not wonder about your rights. Contact our law firm today for a free case evaluation at (212) 668-6000. It is your right to sue for proper compensation.

What is Wrongful Death in New York City?

Wrongful death occurs when the death of an individual is caused by an unlawful act or negligence of another person. Someone who has caused death upon another can be held responsible in a court of law.

Wrongful death can occur for many reasons, such as a car accident, brain injury, medical malpractice, injury at birth, and construction accident. A wrongful death attorney at New York Hill & Moin has years of experience in thoroughly investigating wrongful death cases.

Our legal team understands the pain and grief you are going through after losing a loved one. You do not have to handle this grief on your own. Here at Hill & Moin New York City, we will be beside you throughout the whole legal process so you can return to a healthy life as soon as possible.

Learn what our experienced New York wrongful death attorneys can do for you today by contacting our law firm at (212) 668-6000 for a free case evaluation.

How to Connect Negligence to Wrongful Death in New York

After you have determined the negligent behavior, a New York City Hill & Moin attorney for wrongful death will need to show that this behavior is, in fact, what caused the death of your family member. If an individual was texting and driving and struck a pedestrian, the driver could be found at fault. The reason they can be found at fault is that they failed to slow the vehicle down to a stop to avoid hitting the pedestrian and causing their death.

Another example would be where a doctor would not be responsible for their patient’s death is after diagnosis; the patient refused treatment. In this situation, surviving family members will not be able to file a wrongful death lawsuit.

Lastly, surviving family members must determine damages caused because of the death of a loved one. Some damages can include the unexpected costs of a funeral and burial expenses. Losing a parent or spouse due to wrongful death can cause financial hardships on a family.

Therefore, if the lost loved one was the sole provider, the surviving family may seek compensation for these damages.

What You Need to Know About a Wrongful Death Claim in New York

When looking into filing a wrongful death lawsuit, many individuals believe that the individual injured only has the legal right to file a lawsuit. However, that is not the case, especially if the individual who was injured died from these wrongful acts. In many states, the court systems allow two different claims that can be filed against the responsible individual. These two claims are survival claims and wrongful death claims.

Survival Claims

When filing a survival claim, this is presented by an appointed representative for the deceased individual. The court appoints the elected representative and then they are granted the power to file this claim.

A survival claim is filed to gain compensation and justice for any mental anguish, along with pain and suffering from the accident. However, a survival claim can be hard to prove to a judge and to determine the loss. Also, the judge is limited to how much monetary can be awarded.

Wrongful Death Claims

A wrongful death claim differs from a survival claim because any heir-at-law can file a wrongful death claim. An heir-at-law is any surviving spouse or children of the deceased. In the case, there is not a surviving spouse or child; immediate relatives can file the claim. Immediate relatives include parents or siblings of the deceased.

Monetary recovery for a wrongful death claim can include:

• Any financial support that the deceased would have provided
• Any value that the deceased would have provided around the house
• Loss of companionship, comfort, love, society, affection, and moral support
• Any emotional losses such as sorrow, grief, worry, loss of an enjoyable life, depression, and anguish

Losing a loved one can be devastating. The New York lawyers at Hill & Moin understands this sorrow. Let one of our New York, NY lawyers give you the confidence to pursue your legal rights and get you the compensation you deserve. Contact our office today at (212) 668-6000 for a free case evaluation.

What to Do After Losing a Loved One to Wrongful Death in New York City

When a loved one has lost their lives in an accident, you, as the immediate family member, typically do not think about hiring a lawyer to seek legal action and justice. Not knowing you can seek legal actions is common. However, in other cases, some individuals feel guilty contacting our office immediately after losing a loved one.

Hill & Moin wants to express that it is very important not only for the family members but the children of the deceased to seek legal action sooner rather than later for fair compensation. Secure your future today by receiving compensation.

New York NY Hill & Moin wrongful death attorneys work hard to protect your legal rights as well as any children involved. It is important to our legal team that all our clients know their legal rights and receive professionalism during this difficult time.

The actions below, if not taken promptly, can later be impossible to recover and can damage a wrongful death claim.

• Ordering an autopsy – In some cases, the cause of death is known; however, in other cases, it is not. Having an autopsy performed can bring to light some important details surrounding the cause of death. If the county in which you reside does not order an autopsy, a private one can be done. There is limited time to have an autopsy performed, so time is not your friend in this case.
• Protecting evidence – Evidence collected from the accident or scene is often thrown away. Losing any piece of evidence can severely damage a wrongful death case. It is important to gather all evidence immediately after an accident. Evidence can include wreckage, video surveillance, skid marks, equipment, or anything that can be covered up or thrown away.
• File a court order – It is typically necessary for you to file a court order to prevent any evidence from being thrown away. Also, in some cases, a court order can stop the insurance company from protecting the defendant in wrongful death cases.

Types of Wrongful Death Claims in New York

Wrongful death is a word defined as a lawsuit filed by a family member who has lost their loved one due to the negligence of another. Below are common types of wrongful death claims in New York:

• Negligently manufactured or dangerous products
• Motor vehicle accidents including motorcycles, cars, and trucks
• Slip and fall accidents
• Dog attacks or any other animal attack
• Pedestrian accidents
• Medical malpractice or hospital error
• Broken medical devices
• Improper distribution of prescription medications
• Fire and explosions

If you have lost a loved one due to one of these wrongful death cases, do not hesitate to contact the New York Hill & Moin lawyers today for a free case evaluation.

How Are Damages Determined in a Wrongful Death Case in New York?

The financial damage in which a family member experiences will depend on the relationship to the deceased individual. Each person has some sort of potential to receive compensation benefits after losing a loved one.

Spouses

A spouse can receive compensation for companionship, lost wages, mental distress, and the loss of protection. These damages often fall under the loss of consortium.

Children

Children will receive compensation when losing a parent to wrongful death. Damages that children can recover with compensation include guidance, instruction, companionship, as well as mental pain and suffering.

Parents

In some situations, a parent can even receive compensation after losing their child. Compensation is based on pain and suffering.

In some cases, other surviving family members or dependents of the deceased individual can receive some support from their loss. Also, you can recover some medical expenses and funeral expenses from the negligent person.

Types of Damages to be Recovered from a Wrongful Death Claim

In a wrongful death claim, there are three types of damages that you, as a surviving family member, can try and recover. These damages include:

• Economic damages: These types of damages are where financial loss occurred. Financial loss can include:
• Loss of earnings
• Loss of benefits including medical coverage and pension plans
• Loss of inheritance
• Medical and funeral costs
• Non-economic damages: These are damages that cannot have a number put on them including
• Loss of love and companionship
• Loss of care, advice, guidance
• Mental grief, pain, and suffering
• Loss of consortium from the spouse
• Punitive: These damages are put in place to provide justice and hold the defendant responsible. However, punitive damages are not available in all states. 

When looking at how to provide compensation to the family, the court will often look at how the deceased provided for their family, including income, time, and life expectancy. This is referred to as “valuation by human capital” or “pecuniary loss rule.”

Wrongful Death on the Job

When a family member has lost their life while on the job, there are some rights the surviving family has when filing a wrongful death claim. Depending on the situation, workers’ compensation coverage may kick in. Typically, in these cases, the Occupational Safety and Health Administration (OSHA) looks into the cause of death and to determine the liability.

New York Hill & Moin wrongful death lawyers can help you file your claim. Contact our law firm at (212) 668-6000 for a free case evaluation.

Do You Need a Wrongful Death Lawyer?

When a loved one has lost their life at the hands of a negligent individual, you as the surviving family members have the legal right to sue for wrongful death. In a wrongful death claim, the court will evaluate the evidence to determine who is legally responsible for the death. Once someone has been deemed responsible, the court will then assess the type of damages that should be awarded to the survivors.

Each state has its own statute of limitations regarding how long one can wait to file a wrongful death claim. Therefore, it is important to contact a wrongful death attorney at Hill & Moin, who can help you understand your legal rights. Choosing Hill & Moin lawyers is like having a lawyer in your family. We treat you like family and show compassion and true professionalism during this difficult time. Contact our law firm today at (212) 668-6000 for a free case evaluation.

Hill & Moin – The Right Team for You

Hill & Moin is known for treating all clients like family. We are also known for being “Super Lawyers,” proudly standing among New York’s top 5 percent of lawyers. When working with a Hill & Moin wrongful death lawyer, you get the professionalism you deserve along with the confidence to pursue your legal rights for personal injury compensation.

Losing someone to wrongful death can be devastating, but you don’t have to deal with the after effects on your own. Let our attorneys for wrongful death fight for your wrongful death case today. If you have lost a family member at the hands of another person, contact the Hill & Moin lawyers in New York today for a free case evaluation at (212) 668-6000.

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