New York Wrongful Death from Negligence Lawyer

No one should ever have to endure the devastation that follows a preventable death. Even when it is abundantly clear who caused your loved one’s fatal injury, pursuing compensation can be more challenging than you think. With legal representation from a New York wrongful death from negligence lawyer, you can benefit from your attorney’s years of experience and knowledge of state wrongful death laws when pursuing justice and accountability.

Unwavering Advocacy for Families Seeking Accountability

In the aftermath of a wrongful death, the experience of your legal representation matters. Sakkas, Cahn & Weiss, LLP, represents the surviving loved ones of a wrongful death. We never approach any two cases the same because every claim is unique and can benefit from a fresh approach. When you work with our law firm, you are connected to one of our lead lawyers.

While other firms leave clients dealing with gatekeeping law firm staff, our attorneys are always accessible to the people we represent. We understand the financial and emotional strain that can follow a preventable death and can stand with you at every step of the process so you receive the justice and accountability that your family deserves.

Understanding Wrongful Death Claims Based on Negligence

Wrongful deaths can result from a wide range of causes, including car wrecks, construction accidents, nursing home neglect, and falls. New York saw 1,114 fatalities from automobile collisions in 2023, and speeding, distracted driving, and drunk driving are all common reasons for preventable roadway deaths in this country. 

With top-tier hospitals like New York-Presbyterian Hospital and NYU Langone Health, New Yorkers have access to high-quality care and emergency services. Even highly rated health centers can cause preventable harm to patients, either due to botched procedures or a late diagnosis. According to one analysis of medical claims, one in three physicians will face a malpractice claim at some point in their careers. 

Nursing homes provide important services and care for seniors in New York, but care providers can also cause serious harm when they fail to monitor guests at nursing homes. Only one in 24 cases of elder abuse is ever reported, according to the National Council on Aging, and nursing homes are often at fault for allowing this harmful type of negligence. 

Does My Family’s Case Qualify for a Wrongful Death Claim?

Surviving family members may qualify for a wrongful death claim when a negligent party causes their loved one’s death, either through wrongful conduct or sheer recklessness. Common reasons for wrongful death claims include fatal vehicle collisions, truck crashes, construction accidents, medical malpractice, defective products, and other preventable incidents. 

A successful claim must show that the deceased individuals would have had the right to file a claim had they survived the fatal injury. Under New York state law, wrongful death claims are usually made by the deceased person’s personal representative of the estate for family members who survived the deceased. 

A successful claim can provide compensation for medical expenses, funeral costs, including the burial, lost economic support, and other losses suffered by surviving loved ones. An attorney can evaluate the circumstances surrounding the death to identify the at-fault party or parties before pursuing compensation through a wrongful death claim. 

What Rights Do Surviving Family Members Have?

Surviving family members have the right to pursue fair compensation from the party that caused their loved one’s death. Under New York Estates, Powers and Trusts Law § 5-4.1, a wrongful death claim may be pursued when someone’s death results from another party’s wrongful act, neglect, or default. 

It is important to remember that the burden of proof falls on the party seeking compensation. Injury lawyers serve an important role in the justice system by protecting the rights and interests of plaintiffs seeking accountability and fair compensation for the loss of a loved one. 

What to Expect During a Wrongful Death Claim

Wrongful death claims are handled through the court system. Early steps for any wrongful death claim involve documenting the harm surviving loved ones suffered and continue to suffer, gathering evidence to establish fault, and identifying the at-fault party or parties. 

Once the personal representative has built a strong claim, they can file the case in court. Then, the defendant is formally notified about the claim and allowed to respond. Most court cases are resolved through a negotiated settlement, although there is always the possibility that a case could go to trial. 

Compensation Available Following a Wrongful Death

A fair settlement or favorable court verdict should reflect the harm and setbacks your family endured after the preventable loss of a loved one. Common forms of economic damages include compensation for burial and funeral costs, along with financial recovery that reflects future lost earnings. 

Non-economic damages may also be pursued, and they can address the pain and suffering that family members faced after a tragic loss. A wrongful death claim that goes to trial could potentially lead to punitive damages to punish the defendant for egregious negligence or willful misconduct. 

Why You Should Hire a Wrongful Death From Negligence Lawyer

If you suffered the ultimate loss due to someone else’s negligence or misconduct, you have the right to hire a wrongful death from negligence lawyer. With strong legal support, you can pursue a wrongful death claim that holds the at-fault party accountable for the death of your family member. New York’s wrongful death from negligence laws carry steep penalties for anyone found liable for a death, but only when that claim is backed by strong evidence.

By partnering with an experienced injury lawyer, you benefit from their years of experience and reliable track record of success managing complex cases. If the at-fault party disputes liability or argues that the decedent’s actions contributed to their injury, your lawyer can set the record straight by focusing on the facts of the case and the laws that hold negligent individuals accountable for harming others. 

Contact a New York Wrongful Death From Negligence Lawyer Today

No amount of compensation can replace a loved one, but pursuing accountability can provide financial stability and a sense of justice during a difficult time. At Sakkas, Cahn & Weiss, LLP, we represent families who have lost loved ones due to another party’s negligence and work tirelessly to pursue meaningful compensation on their behalf. Schedule an appointment with our office today to discuss your case and learn how we can help your family move forward.

Attorneys

Matthew Sakkas Esq.

Partner

Adam D. Cahn Esq.

Managing Partner

Mitchel E. Weiss Esq.

Associate Attorney