If your loved one died because of someone else’s carelessness or recklessness, our team extends our most sincere condolences to you and your family. A wrongful death lawyer from Friedman & Simon, L.L.P. will explain what to expect throughout your case. We are prepared to handle your claim and seek appropriate compensation based on the facts surrounding how your family member has passed.
We represent families who lost loved ones in a variety of accidents. Our team has experience handling cases like yours with compassion for you and with unflinching determination to win the best possible case result for you. When you reach out to us, we will review your case and explain your options based on the details you provide us.
Recoverable Damages in a Wrongful Death Case
When someone else’s negligence causes injuries and death, certain surviving family members could be entitled to recover economic and non-economic damages. In a successful personal injury or wrongful death case, you will recover compensation for all the losses your family suffered because of your loved one’s passing.
Family members who were dependent on the decedent could benefit from the following types of damages:
- Final expenses, such as funeral costs
- Medical care expenses for any related injuries
- The support and services the decedent provided
- Any conscious pain and suffering the victim endured before their death
Our attorneys calculate an appropriate settlement range for cases we handle based on the damages documented in that case. This makes it easier for us to negotiate an appropriate settlement or present evidence to a judge and jury about the family’s losses at trial.
How Our Wrongful Death Attorneys Approach These Cases
At Friedman & Simon, L.L.P., our wrongful death attorneys consider it a special privilege to handle these cases and fight for the surviving family members of wrongful death victims. We treat each client with compassion, understanding their grief and navigating the process on the family’s behalf.
When you trust our attorneys with a wrongful death case, we will do the following for you:
- Keep you updated on your case
- Identify liable parties
- Communicate with all parties for you
- Gather evidence
- Determine a value for your case
We provide free case consultations and meet people on Long Island and throughout the New York metropolitan area. Friedman & Simon, L.L.P. is a contingency fee firm and never charges wrongful death clients upfront fees. Our attorneys only get paid when we recover compensation for our clients.
When we build wrongful death cases for our clients, we use our experience, knowledge, and resources to show what happened, who is liable, and the related damages. We call in expert witnesses as needed, including economists who help us understand the long-term losses suffered.
Our team has a multilingual staff and will discuss your case with you in Spanish, Greek, Bengali, Tamil, or Kannada.
Our Team Will Explain Your Legal Options
When our wrongful death lawyers handle a case, we generally investigate, develop a case against the liable party, and then demand money for their damages. Sometimes, a lawsuit might be necessary. We fight for our client’s best interests throughout this process, representing them to the insurance companies, liable parties, other attorneys, and to a judge and jury when necessary. Our team will review your legal options with you.
We protect your right to an appropriate payout by managing all communication and interaction with the insurance company, ensuring you do not fall prey to any tactics that could reduce your recoverable damages.
We Will Work to File Your Case on Time
We generally only have a limited time to begin a wrongful death lawsuit under EPT § 5-4.1. However, there are other reasons why we encourage families to contact us quickly after their loved one’s death. The evidence in these cases sometimes disappears within a few weeks or months. Hiring our attorney early on allows us to build the strongest case possible on your family’s behalf.
Who Is Allowed to File a New York Wrongful Death Action?
Under EPT § 5-4.1, only the personal representative of the deceased party is able to file a wrongful death lawsuit. This person is sometimes known as the executor or administrator of the estate. If the person died without a will, the courts will need to name a personal representative to handle probate and other tasks, including a possible wrongful death case.
While a spouse or parent cannot file a wrongful death lawsuit unless they are also the personal representative, they often receive the proceeds of these cases. Any money recovered goes to the estate. A will or intestate laws (that is, laws that govern what happens to the assets of someone who has passed away without a will,) will determine how it is distributed.
Who Is Liable for a Wrongful Death?
Wrongful death cases, in effect, are personal injury cases where the victim dies before they have a chance to act. To hold someone accountable in these cases, our attorneys gather evidence to show negligence and liability.
Negligence occurs when someone’s careless or reckless actions cause an accident and injuries. In the case of a wrongful death, negligence caused a fatal injury. There are some circumstances where there might be more than one liable party. Depending on how your loved one passed away, the liable party could be:
- A driver who was drunk, distracted, or exhausted and caused a crash
- A trucking company whose employee caused a collision
- A nursing home employee who failed to provide your loved one the care they needed
- A doctor that improperly treated your loved one
When we handle a claim, we will investigate what occurred and identify all potentially liable parties. We then build a compelling case against them and present our evidence to the insurance company or at trial, supporting our allegations and demand for appropriate compensation.
Discuss Your Options for Filing a Wrongful Death Action
Friedman & Simon, L.L.P. provides free initial case consultations. We will assess your case and explain how our team will fight for the compensation you need.
Call us to reach our team today.