Wrongful Death Attorney
When a person loses his or her life because of the negligence of another, the result may be a wrongful death claim. Losing a loved one unexpectedly due to the negligent act of someone else is devastating and horrific to surviving family members. A wrongful death case may be considered from any type of accident or circumstance that resulted in the death, including car accidents, construction accidents, medical malpractice, defective products, and more. If you are in search of an experienced New York City or Long Island wrongful death attorney, contact The Law Office of Jay D. Jacobson PLLC now.
Not only can an unexpected death result in grief and devastation, for some it can result in financial problems, particularly if the person who lost his/her life was the sole or primary income provider for the family. When someone is negligent or reckless and it results in the death of an innocent person, that individual should be held accountable. A wrongful death attorney will work diligently to ensure your family receives the full compensation you are entitled to, including medical costs if the decedent required medical care prior to his/her death, lost wages, pain and suffering, loss of companionship, funeral/burial expenses, and more.
Wrongful Death Lawyer Fighting for Clients in Queens, Brooklyn, Bronx, and Westchester
In most cases, fair wrongful death settlements require the legal guidance and support of an experienced lawyer. Insurance companies do not typically settle with victims in a way that is fair, as they are working primarily to protect their own profits and will use various tactics to limit the damages, or deny your claim altogether. These companies do not want to find themselves in the position of defendant in a wrongful death lawsuit, and will cooperate when you have an attorney in your corner.
Every wrongful death lawyer understands that no amount of compensation recovered in a lawsuit will diminish the grief or ease the pain of losing a loved one. However, receiving monetary compensation can help prevent financial disaster and ease the money struggles you may face as a result of your loved one’s death.
As a plaintiff in a wrongful death lawsuit, there are certain elements you must prove in order to be awarded the compensation you deserve. These include:
- A death occurred
- The defendant engaged in wrongful or negligent conduct
- Certain distributees suffered or sustained pecuniary loss, and
- There is a personal representative who has been appointed for matters regarding the deceased
When a loved one has died due to negligence, it is important to consult with a wrongful death lawyer who can advise you regarding who may file a claim, what compensation may be sought, the statute of limitation, and more. Generally speaking, those who may file a claim include parents, spouses, siblings, children, and grandchildren (first-generation). By speaking with an attorney, you can get the legal guidance and answers to your questions you need in order to move forward.
What is Wrongful Death?
Wrongful death is the death of a human resulting from a wrongful act of another person. Such wrongful acts include: negligence (like careless driving), an intentional attack such as assault and/or battery, a death in the course of another crime, vehicular manslaughter, manslaughter or murder. Wrongful death is the basis for a lawsuit (wrongful death action) against those who caused the death filed on behalf of the members of the family who have lost the company and support of the deceased. A lawsuit for wrongful death may be filed by the executor or administrator of the estate of the deceased or by the individual beneficiaries (family members).
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action in which damages are sought against a party for causing a death, typically when criminal action has failed or is not attempted. If you or a loved one have been injured as a result of a construction accident, the first step in your legal recovery is to meet with a skilled attorney to discuss the situation. Issues in your potential case, including compliance with occupational and site safety standards and regulations, engineering issues, and liability and indemnity determinations, all require that your claim be handled by an attorney who is experienced in the area of construction accident liability.
What may be Recovered in a Wrongful Death Lawsuit?
There are two separate wrongful death damages that may be awarded. One is wrongful death pecuniary loss. This is the loss of money that the person would have earned for the estate, for his/her spouse or children, and sometimes for a parent when a child contributes to the family. The second is loss of consortium, which is losing the companionship of a spouse.
Recovery in a wrongful death claim may include damages for loss of parental guidance, lost wages, medical expenses, and for conscious pain and suffering. Conscious pain and suffering is the time a person is conscious from the time of the accident to the time of death and can include the fear of impending death. In one case, a family recovered $1.6 million for 3 to 5 seconds of conscious pain and suffering.
What Should I do if I have Lost a Loved One Due to an Accident?
If you have lost a loved one in an accident and are uncertain of how to proceed, contact a wrongful death lawyer at the law office of Jay D. Jacobson, PLLC. Jay is a recognized New York wrongful death attorney who can help you administer the estate, file a wrongful death lawsuit and handle all necessary litigation to win your case. We have helped many clients obtain hundreds of thousands of dollars in wrongful death settlements or in wrongful death lawsuits. We recently won an award for a family for $1 million. Many scenarios arise that may entitle you to claim compensation. These are a number of wrongful death scenarios that can constitute a wrongful death case:
- Auto accidents
- Defective products
- Homicide or manslaughter
- Slip and fall
- Medical malpractice
- Toxic foods
- Workplace accidents
Contact The Law Office of Jay D. Jacobson PLLC Today
Many people ask the question, “What is wrongful death?” Essentially, it is the death of a person caused by a negligent or wrongful act, one that if the person had lives and suffered injures, he/she likely would have filed a personal injury claim for. Collecting the compensation you and your family deserve is a complex and involved process; you want to ensure that you receive the damages you are legally entitled to. As a trusted New York wrongful death lawyer, Jay D. Jacobson fights vigorously on behalf of families who have lost a loved one because of the carelessness of someone else. For guidance and support throughout the process, don’t settle for less. Call our firm today for unsurpassed legal representation, and enjoy peace of mind knowing those who are responsible will be held liable for their actions.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.