New York City Wrongful Death Lawyer

Suddenly and unexpectedly losing a loved one can be a catastrophic, tragic experience for any family. But when a relative’s death was caused by the negligent and wrongful acts of another, it can leave a family feeling angry at the fact that their loved one suffered a wrongful and entirely preventable death.

In addition to feelings of grief and sadness, a family may also experience financial and personal difficulties at losing their relative’s companionship, society, guidance, and financial and household contributions.

At Finz & Finz, P.C., our wrongful death lawyers in New York City understand that no amount of money can help bring your family member back. However, we believe that your family deserves compensation to seek justice for your family member and to help with the process of grieving and getting your lives back to some semblance of normal after your relative’s passing.

We diligently work to pursue maximum financial recovery for the families of people who suffer wrongful deaths. Some recent examples include:

$5 million verdict for the widow of a truck driver who was killed in a collision with a bus.
$2.5 million settlement for the family of a van driver who was killed at a railroad crossing with an inadequate line of sight.
Record-setting $22,575,000 verdict for the wrongful death of three children, which included damages for pain and suffering, negligent infliction of emotional distress, and punitive damages.
$2.8 million settlement on behalf of a worker who was replacing piping in a commercial boiler when the boiler exploded.
$2 million verdict for the family of a heart transplant patient who died when the doctor implanted a new heart that had coronary artery disease.

If your family has lost a loved one due to the negligent or wrongful actions of another, reach out to the New York City wrongful death lawyers at Finz & Finz, P.C. today to schedule a free wrongful death claim evaluation. Speak to our New York City personal injury attorney and learn more about your family’s legal rights and options for seeking compensation and justice.

What Are the Common Causes of Wrongful Death

Wrongful death can arise due to any intentional, reckless, or negligent acts of another person or entity. A legal consultation with a wrongful death lawyer can help identify if your loved one passed because of the negligence of another.

Some of the common causes in the wrongful death claims we handle at Finz & Finz, P.C., include:

Why Choose a New York City Wrongful Death Lawyer at Finz & Finz, P.C.?

When your family has lost a member due to the wrongful acts or omissions of another person or entity, you may decide to pursue a wrongful death claim for compensation for your loved one and your family’s damages. But how do you decide which wrongful death lawyer and law firm can best help you secure the fair and full compensation you deserve?

At Finz & Finz, P.C., we know that our New York City wrongful death attorneys bring the experience and skill that can help your family obtain financial recovery and justice for the deceased. For 40 years, our attorneys have litigated some of the most complex personal injury and wrongful death cases in New York. In that time, we have compiled a long track record of securing record-setting six-figure, seven-figure, and eight-figure settlements and verdicts for our clients.

Our firm has a hand-selected team of accomplished litigators, including four former judges. We focus exclusively on personal injury law, which allows us to develop extensive knowledge and understanding of the legal concepts in your wrongful death case. Our personal injury law firm also has a compassionate and experienced support staff who ensure that we provide you with the best possible client service and legal representation that you deserve. When you choose Finz & Finz P.C., you also work with industry-leading experts to consult on the complex liability, financial, and medical issues that may arise in your wrongful death claim.

In every wrongful death claim we handle, we commit ourselves to getting our clients the maximum value of their case. We never settle for anything less than fair and full compensation. Our personal injury law firm won’t stop working for you until you and your family receive the financial recovery and justice that you deserve.

Who Can File a Wrongful Death Claim Lawsuit in New York?

man who wants to file a wrongful death claim with a wrongful death lawyer in New York Under New York law, a wrongful death lawsuit must be filed by the “personal representative” of the decedent, typically the administrator or executor of the decedent’s estate. A family member of a decedent can only file a wrongful death lawsuit if he or she is appointed as the decedent’s representative. Although the personal representative will seek damages on behalf of the decedent and the decedent’s estate, the personal representative can also seek damages in a wrongful death lawsuit on behalf of the decedent’s surviving family members. Any compensation received for damages suffered by a decedent’s surviving family members is held in trust by the decedent’s representative.

At Finz & Finz P.C., a wrongful death lawyer will handle all of the paperwork relating to the appointment of a personal representative on behalf of our clients.

Demanding Full Compensation for Families for Wrongful Death Claims

In a wrongful death claim, the decedent’s estate and his or her family can recover compensation for various kinds of damages, including:

Reasonable medical care expenses arising from the decedent’s last illness or injury that caused his or her death
The conscious pain and suffering experienced by the decedent prior to his or her death
The lost wages for the time the decedent missed from work between the onset of his or her last illness or injury and his or her death
The value of the decedent’s lost support and services to the family
The value of the decedent’s lost parenting, nurturing, care, and guidance
The decedent’s funeral and burial expenses
Surviving descendants’ lost inheritance

Courts may also award interest on these damages, calculated from the date of the decedent’s death.

Unlike many other states, New York law does not allow surviving family members to recover for their own pain and suffering or emotional distress, or the loss of the decedent’s companionship.

Statute of Limitations on Wrongful Death Claim Lawsuits in NY

If you and your family wish to pursue a lawsuit for your loved one’s wrongful death, you have a limited period to file a lawsuit. This period is called the statute of limitations.

Under New York law, the statute of limitations on a wrongful death lawsuit is two years from the date of death. If the lawsuit is not filed before the expiration of the statute of limitations, the court can permanently dismiss your case. However, the court may pause, or “toll,” the statute of limitations if the facts and circumstances of the at-fault party’s legal liability have not yet been discovered, or if the person who is eligible to file a wrongful death action is a minor or is incapacitated.

If you have a wrongful death claim against the state or a municipality, you are required to give notice of your claim within the later of 90 days of the decedent’s death or 90 days from the appointment of the decedent’s representative. Otherwise, a wrongful death claim against the state or a municipal government can be permanently barred. Don’t wait. Contact a wrongful death lawyer from Finz & Finz, P.C. today.

What Do You Have to Prove in a Wrongful Death Claim?

In order to succeed in a wrongful death lawsuit, we will have to prove that your loved one died due to the intentional or negligent acts and omissions of someone else.

If your relative’s death was caused by someone else’s negligence, a wrongful death lawyer will prove the four elements of negligence:

The at-fault party must have owed a duty of care to the decedent. For example, if your loved one was killed in a car accident, the at-fault driver owed a duty to follow the traffic laws and operate his or her vehicle in a safe manner.

We must show that the at-fault party breached his, her, or its duty of care to the decedent.

Next, we must show that the at-fault party’s breach of his, her, or its duty of care to the decedent was directly and proximately responsible for the decedent’s death. In other words, the decedent would not have died but for the at-fault party, and there was not another intervening, superseding cause that was more responsible for the decedent’s wrongful death.

Finally, a wrongful death lawyer must show that the decedent and/or his or her family suffered harm that can be financially compensated.

How A Wrongful Death Lawyer in New York City Can Help You

If your family has lost a loved one due to the wrongful acts of another person or entity, you deserve to seek compensation and justice from those responsible for the untimely death.

Contact the New York City wrongful death lawyers of Finz & Finz, P.C. today to schedule a no-obligation consultation to discuss your case. Let us handle the process of getting your family the compensation and justice that you deserve so that you and your family can focus on honoring your loved one and rebuilding your life.

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