Long Island Wrongful Death Lawyer
We Are Very Sorry If You Have Lost A Loved One Due To The Accidental Or Intentional Carelessness Or Negligence Of Another Person. Are You Looking For A New York Wrongful Death Attorney To Aggressively Represent You Or Your Family To Help Prevent A Similar Incident From Happening To Another And While It Cannot Bring Them Back, You Should Be Compensated For Your Loss.
Why Choose Harrison Law Group for Your Wrongful Death Claim?
- Highly Reviewed & Rated – 5.0 rating on Google. See some of our client reviews below.
- Accidents Don’t Wait for Business Hours – Neither do the right lawyers. We have weekend and weeknight consultations available in person or through Zoom.
- Highly Responsive – We pride ourselves on fast response times when communicating with our clients. We will never let your questions or concerns go unaddressed.
- No Case Is Too Difficult or Complex – This is where tenacity and knowledge of the law matter. We do what is necessary, even in difficult cases.
- Experienced – Attorney and founder Brett J. Harrison and Attorney Robert J. Clasen hold over 50 years of experience in Trial Litigation.
- Empathy, Detail & Urgency – Your case is the center of your world. We work with empathy to ensure you feel heard, meticulous detail to ensure no aspect of your case is missed, and urgency to get you your money faster.
- Caring & Compassionate (truly) – We’re sorry for what happened to you or your loved one. Unlike large firms, you’re not part of an assembly line. We really get to know you and your situation. We have been helping people in Long Island and throughout New York for decades.
- Personalized Attention – We understand and respect that everyone’s needs are unique. We treat you with the attention you deserve.
- We Keep You Updated – Transparency is key. We do not just return phone calls, but we call you at least every 30 days for a status update on your case, and if there is no update, we call to see how you are doing.
- Office Visits Not Required – We understand you may have children or are simply in pain, and we respect your time. Documentation and signatures can be handled via text or email.
- Flexible Meeting Times – We will go above and beyond to meet your expectations, whether meeting with you after hours, on the weekends, or at your home, hospital, or office. We will make ourselves available for you 24/7.
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Statute of Limitations for Wrongful Death
The statute of limitation to file a wrongful death claim in New York is Two Years from the date of the fatality. There are often different provisions on these statutes of limitations that make specific exceptions that may alter the time allowed to file a claim.
Types of Damages in New York Wrongful Death Cases
There are three types of wrongful death damages that can be awarded to survivors of a wrongful death victim. These are economic, non-economic, and punitive damages.
Economic damages mainly involve the potential contributions the victim would have made to the survivors had they lived a full life. This also includes the financial burden the injury and subsequent death of the deceased imposed on the family.
- Medical and funeral expenses
- The victim’s expected lifetime earnings
- The victim’s expected benefits, such as pension and medical coverage
- Loss of inheritance due to the untimely death
- The value of goods and services the victim would have provided
Non-economic damages fall into two categories, the first of which is called survival actions. These are damages for the pain and suffering the decedent experienced before they died. That includes the pain’s severity, the suffering’s duration, and other related factors. The second category of non-economic damages is the loss suffered by the survivors of the decedent. That includes:
- Mental anguish and suffering caused by the wrongful death
- Loss of care, protection, nurturing, guidance, and advice of the deceased
- Loss of love and companionship caused by the untimely death
- Loss of consortium from a deceased spouse (loss of family relationship, ability to have children, and moral support)
- And more
When atrocious conduct is evident in the case of the defendant, punitive damages can also be awarded. They are not often recoverable in the case of government institutions and other protected entities, but in some cases, such as abuse of elderly people may be punished with treble damages.
These punitive damages are also paid to you (the plaintiff). In some cases, survival action damages can also be instituted. This action allows the survivor’s family to recover damages the deceased person would have been able to get in a personal injury claim had they survived.
Who Can File a Wrongful Death Lawsuit?
Any of the survivors of the decedent (the person who died) can sue, but a representative on their behalf must file the suit. That representative is generally the executor of the decedent’s estate. In New York and Long Island, the people on whose behalf the representative can file a suit include the following:
- The spouse of the decedent
- The children of the decedent
- The parents of the decedent
Siblings of the decedent and their extended family can file a claim if they were named as the personal representative or guardian of the estate.
What Needs to Be Proven in a Wrongful Death Case?
Since a wrongful death case is so closely related to a personal injury case, those close to the deceased must meet the same burden of proof as they would have, had the deceased person lived. That means they must prove that the negligence of someone else was the cause of the incident that led to the person’s death. That means the following conditions must be met:
- The perpetrator owed the victim a duty of care – This means that the person who caused the death should have acted responsibly toward the deceased. For example, a doctor has a duty of care to try and find the proper diagnosis and treatment options for their patients. A driver has a duty of care to other drivers and pedestrians, which means they should follow the road rules and drive responsibly.
- The perpetrator breached their duty of care – In the examples given above, a breach would mean that the doctor failed to provide the correct diagnosis to their patient or that a driver ignored a stop sign and collided with another car.
- The breach of duty resulted in the death of someone else – In the examples given so far, the doctor’s malpractice left their patient’s condition untreated, eventually leading to their death. In the case of the driver, their collision after ignoring the stop sign caused fatal injuries to the driver of the car they ran into.
- The exception to these conditions is when a person intentionally kills another, in which case a wrongful death suit can be brought against them in addition to the criminal charges. As stated earlier, criminal charges are all about bringing punitive action to the guilty party, while the wrongful death suit is about getting financial compensation for the survivors of the deceased.
Client Reviews – Harrison Law Group
We help families in Long Island (Suffolk and Nassau Counties), NYC, and throughout New York.
Locally, people come to us from Lindenhurst, West Babylon, North Babylon, North Amityville, Copiague, Farmingdale, Massapequa, Plainview, Melville, and South Huntington.
What To Do Now
We welcome your questions and want to understand your situation to help you move forward and get the compensation you or your loved one deserves. Call our office at (631) 465-9797 with questions and a description of your situation to see if we can assist or to schedule a consultation. Or you may simply fill out the form above on this page. Your form will be directly emailed to our office, and you can expect a reply within one business day and often within hours of the same day. All information you share is confidential.