Losing a loved one is tragic, regardless of the circumstances. When the death of a loved one occurs as the result of medical malpractice, aNew York car accident, or other negligence, that tragedy is compounded by the fact that it may have been preventable. When someone else’s wrong behavior causes the death of someone you care about, you may be eligible to file a claim for damages under New York’s wrongful death law.
If you have suffered the loss of a family member due to the negligence of another person, including another motorist in the Watertown area, you need an experienced wrongful death lawyer who knows NY laws and the New York court system. You need a New York personal injury attorney who can help you get the justice you deserve.
Contact the New York Law Offices of Scott C. Gottlieb & Associates today for a FREE consultation by calling 1-800-TALK-LAW (1-800-825-5529) or (315) 782-3547 or you can submit our online form.
Every one of our New York accident attorneys has over 25 years of experience, and our injury lawyers have built a strong record of successful verdicts and settlements, which we will use to help you get you the benefits you deserve.
New York Wrongful Death Cases Explained
Wrongful death occurs when one person is killed as a direct result of the negligent or wrongful actions of another person, company, or entity. A wrongful death suit holds that negligent party responsible for the victim’s death and is designed to compensate the surviving family for their loss – as well as help deter that negligent party from causing additional deaths in the future.
Wrongful death cases are difficult and emotional. Often family members question the logic of legal action, because it certainly cannot reverse the very painful loss they have suffered. However,lawsuits can be effective in ending dangerous behavior or practices, and a wrongful death claim may cause the responsible person or party to take steps that will prevent another family from suffering the same fate.
At the New York Law Offices of Scott C. Gottlieb & Associates, we recognize that dealing with lawyers and insurance representatives is probably last on your list of priorities following the loss of your loved one. We treat each case with sensitivity and dedication, and we put our clients first every step of the way. We know that a successful claim won’t bring back your loved one, but it can accomplish two very important things:
- Legal action can help you handle the additional financial burdens you may be facing and alleviate at least the monetary anxieties that a death often brings.
- Legal action can hold the guilty party responsible under New York law.
Wrongful death benefits vary by case, but can include:
- Damages for the conscious pain and suffering that preceded the family member’s death;
- Reimbursement for all medical expenses incurred as a result of the negligence;
- Reimbursement to dependants for the loss of any future income – the court calculates what the deceased would have earned;
- Reimbursement for property damage, if applicable;
- Reimbursement for any future services normally provided to you by the person who has died;
- Reimbursement for loss of consortium, or the relationship and services provided by the deceased – for example, the companionship, help and affection that the deceased spouse would have provided.
In order to prove a wrongful death case, the key factor is the existence of negligence. The family member bringing the suit must establish that the following criteria of negligence were met:
- The defendant had a duty to the deceased, such as the duty of a driver to obey traffic laws.
- The defendant failed in that duty – for example, the driver ran a red light.
- The death occurred as a direct result of that failure – for example, the driver who ran a red light hit another car, killing the other driver.
- The surviving family members are entitled to damages as a result of the loss of their loved one.
Contact Our New York Wrongful Death Lawyers
Wrongful death is a complex area of law, and the companies or persons against whom you may be filing suit will have their own legal representation working to protect their interests. You deserve a legal team committed to serving your interests and your rights – and achieving some measure of justice on your loved one’s behalf.
If you believe you may have a case or have questions about your rights in New York to pursue legal action, contact our wrongful death attorneys for a free telephone consultation. We will review your situation and advise you of your legal options. Contact the New York Law Offices of Scott C. Gottlieb & Associates at 1-800-TALK-LAW (1-800-825-5529) or (315) 782-3547. You can also use our online contact form.
The Watertown, NY, Law Offices of Scott C. Gottlieb & Associates MAKES HOUSE CALLS in Watertown and the surrounding areas. We see Jefferson County and surrounding area clients by appointment only, and we are available to do home and hospital visits. We also serve clients in Syracuse, Elmira, Rochester and Binghamton.